Chapter 18.58 — PETS AND POULTRY IN RESIDENTIAL DISTRICTS

The purpose of this chapter is to allow for the keeping of animals in residential neighborhoods for private use and enjoyment. Pets and animals may be kept in residential districts as defined in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

This chapter applies to pets and poultry that may be reasonably accommodated in a residential neighborhood under the stipulations of this chapter. It does not apply to the commercial animal husbandry and sale.

(Ord. No. 743, § 3, 3-21-2017)

"Dangerous pets." Animals that under ordinary circumstances would pose a menace or public nuisance if not confined to a cage or pen.

"Pets." Animals kept for interest or companionship rather than for food or for the production of food products.

"Poultry." Domesticated fowl (chickens, guinea fowl, pea hens, etc.) which are not to exceed ten pounds at maturity.

(Ord. No. 743, § 3, 3-21-2017)

18.58.040 - Pets in residential districts.

A.

Pets may be kept in the RL, RM, RH and RMU districts.

B.

No dangerous pets may be kept in residential districts unless such animals are kept securely locked in pens, cages, or other positive restraints.

C.

All premises where pets are allowed must be kept in a clean and sanitary condition.

D.

Numbers of adult pets are to be limited to those shown in the following table. Professional breeding stock may be kept in excess of these numbers, subject to a CUP and in compliance with County Code Chapter 4, Animal and Fowl, and Government Code section 25800-25803.

E.

Manure shall be removed in a regular and reasonable manner or otherwise composted or spread in such a manner as to protect surface and groundwater, minimize the breeding of flies, and to control odors. Manure shall not be buried.

(Ord. No. 743, § 3, 3-21-2017)

18.58.050 - Poultry in residential districts.

A.

Poultry are permitted in the RL district only, and then only subject to the restrictions of this chapter.

B.

Poultry shall consist of hens only. Roosters are not permitted in any residential district.

C.

Poultry are to be limited to a maximum of three adults on a single residential property.

D.

Poultry shall be confined to an enclosed cage, coop, or pen. The boundaries of poultry enclosures must have adequate space depending on species.

E.

Poultry shall not be slaughtered on any residential property.

F.

All poultry shall be registered with Solano County Animal Licensing.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.60 - RENEWABLE ENERGY—SOLAR

The purpose of this chapter is to promote the installation and use of solar energy technologies so as to maximize performance and efficiency and minimize visual intrusions on the surrounding built and natural environment.

(Ord. No. 743, § 3, 3-21-2017)

This chapter applies to all zoning districts in the city except open space (OS). Solar technologies may be installed in a designated historic district subject to administrative review by the development services director to ensure that the installation does not alter the character-defining features of historic resource values. Unless otherwise noted, the stipulations specified in this chapter apply within all relevant zoning districts.

(Ord. No. 743, § 3, 3-21-2017)

18.60.030 - Definitions.

"Building integrated technology." Building integrated technologies are those that are designed to be part of structural components. Building integrated solar technologies include solar roofing shingles and tiles, PV laminates that can be installed on metal roofing, and building integrated solar thermal systems.

==> picture [312 x 136] intentionally omitted <==

"Photovoltaic cell." Constructed of a silicon wafer, the PV cell is the smallest structural component of a photovoltaic module. A PV cell is designed to collect solar energy and transmit it as electricity.

"Photovoltaic panel." A group of photovoltaic cells. Photovoltaic panels can be square, rectangular, triangular, or custom shapes.

"Photovoltaic array." A group of linked photovoltaic panels.

==> picture [312 x 211] intentionally omitted <==

"Photovoltaic (PV) systems." Photovoltaic systems collect radiant solar energy by means of a variety of technologies, including crystalline silicon (within PV cells) and amorphous silicon (within flexible films). PV systems can be mounted on the ground, on buildings, and can be integrated into the building (see building integrated technology above).

"Solar thermal system." Solar thermal systems use solar energy to heat air or water for space heating or hot water use.

(Ord. No. 743, § 3, 3-21-2017)

A.

To maximize the effective collection of solar energy, install solar panels or tanks for solar thermal installations in a south-facing location. On buildings where a south-facing location is unavailable, panels may be mounted to face in the single best available southerly facing direction on an arc between east and west.

B.

Based on the city's latitude, fixed-angle solar panels should be mounted at a 31—32 degree angle to horizontal for greatest efficiency.

C.

Locate solar installations so as to minimize shading from nearby trees and buildings, and sections of the roof on which the solar panels are installed.

(Ord. No. 743, § 3, 3-21-2017)

18.60.050 - Minimize visibility of roof-mounted solar installations.

A.

Mount solar panels so as to minimize their visibility from the public right-of-way. Where suitable, the visibility of solar PV panels or solar thermal tanks may be reduced by installing them in one or more of the following locations:

1.

At or toward the rear of the building, away from the public street or walkway;

2.

On a flat roof;

3.

Behind a roof parapet that can screen the panel; and

4.

On an accessory building.

These techniques can be combined to minimize the visibility of roof-mounted solar installations.

B.

Use building-integrated solar systems, where appropriate, to incorporate efficient solar systems, while also minimizing the appearance of solar installations.

(Ord. No. 743, § 3, 3-21-2017)

18.60.060 - Panel arrangement of roof-mounted solar installations.

A.

To minimize the visibility of panels and create an aesthetically pleasing appearance, organize the panels on the roof to create simple, regularly shaped groups. Avoid breaking the panels into multiple groups or sections, where possible.

B.

Match panel arrays to the lines, slope, and proportion of the roof. Use the panels to cover the roof face, where possible.

C.

Apply the panels where there are minimal or no obstructions from mechanical equipment or skylights, or have the panels cut into custom shapes (such as triangular panels).

(Ord. No. 743, § 3, 3-21-2017)

18.60.070 - Screening, color, and glare reduction of roof-mounted solar installations.

A.

Install system conduits and pipes in inconspicuous locations.

B.

Select a mounting frame color that is complementary to the roof and building colors.

C.

Avoid glare by selecting frames and panels with non-reflective surfaces.

D.

Install panels so that the angle of installation is oriented away from neighboring windows and highly visible areas.

(Ord. No. 743, § 3, 3-21-2017)

18.60.080 - Mounting equipment for roof-mounted solar installations.

A.

Solar panels and tanks for solar thermal systems must be mounted at a distance of no more than ten inches from the roof surface.

(Ord. No. 743, § 3, 3-21-2017)

18.60.090 - Solar installations on historic buildings.

A.

Solar technologies may be installed on non-historic buildings in a historic district in accordance with this section, which seek to maximize the performance of solar installations while also minimizing the visibility of solar installations from the public right-of-way.

B.

Solar installations may be installed on historic buildings where they do not alter the character-defining features of the building. Solar installations on historic buildings may include:

1.

PV panels located on an area of a pitched roof, or on a flat roof, or behind a roof parapet, that is not visible from the public right-of-way and does not structurally alter the historic building, and/or

2.

Use of building integrated solar technologies that are selected and installed in a manner consistent with the visual character of the historic building (for example, solar tiles on a building that historically included the use of tiles as a roofing material).

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

A.

Apply the same measures identified in Section 18.60.040 for high performance of ground-mounted solar panels.

B.

To create a visually uniform appearance, install solar panels in organized, regularly patterned arrays.

C.

Avoid the use of racks and minimize the visibility of mounting frames by installing ground-mounted solar panels close to the ground.

D.

Screen solar arrays from the public right-of-way with landscaping or fencing in a manner that does not shade the solar panels.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

Chapter 18.62 - RENEWABLE ENERGY—SMALL WIND ENERGY SYSTEMS

The purpose of this chapter is to provide for the regulation of safe and efficient small wind energy facilities intended to produce electricity for on-site consumption, and reduce visual and auditory intrusions.

(Ord. No. 743, § 3, 3-21-2017)

18.62.020 - Applicability.

This chapter applies to all zones except OS, where the requirements of this chapter for property size can be met. The wind energy systems may be ground-mounted (tower) or building integrated systems.

18.62.030 - Definitions.

See Section 18.60.30 for other definitions.

"Building integrated wind systems." Wind systems that are designed for installation on a building.

"Small wind energy system." A small wind energy system means a wind energy conversion system including a wind turbine, a tower, and control or conversion electronics that:

A.

Per Government Code 65894, has a rated capacity of not more than 50 kilowatts;

B.

Is incidental to the primary use of the property; and

C.

Is intended to provide electricity primarily (but not necessarily solely) for on-site use.

==> picture [149 x 241] intentionally omitted <==

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

18.62.040 - Requirements—Ground-mounted tower.

A.

Certification. The system shall use a wind turbine that has been approved by the energy commission as qualifying under its emerging renewables program pursuant to Section 25744 of the Public Resources Code or has been certified by a national program recognized and approved by the commission.

B.

Aviation Compliance. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the California Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).

C.

Property Size. Ground-mounted tower systems shall not be installed on lots smaller than one acre in size.

D.

Tower Height. The height of the tower may not exceed 80 feet on properties between one and five acres in size. Tower height may not exceed 100 feet in height on properties over five acres in size. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.

E.

Aviation Compliance. Small wind energy systems must comply with all applicable air traffic safety regulations.

F.

Lighting. No lighting is permitted, except that which is necessary to comply with federal, state, and local air traffic safety regulations.

G.

Setback. No part of the wind system structure, including guy wires, may extend closer than one and onetenth times the height of the tower to the property line of the installation site in all zones except residential, where the system may not be closer than one and one-half times the height of the tower.

H.

Location. No ground-mounted wind energy system shall be installed in the front yard.

I.

Maximum Number of Wind Energy Systems. No more than five disperse wind energy systems may be installed on a lot, provided the minimum lot size has been met.

J.

Approved Wind Turbines. Permitted turbines shall have been certified under the emerging technologies program of the California Energy Commission or other small wind certification program recognized by the American Wind Energy Association.

K.

Signs. No signage shall be affixed to the wind energy system except to warning and informational signage affixed to the base of the tower.

L.

Fencing. The tower shall be secured by a wall, fence, or other appurtenance or structure within the first 12 feet to prevent climbing.

M.

The system shall not substantially obstruct views of parks, open space, and other scenic vistas of adjacent property owners.

(Ord. No. 743, § 3, 3-21-2017)

18.62.050 - Requirements—Building integrated systems.

An application for installation of a building integrated wind system must include, at a minimum:

A.

Certification by a structural engineer that the proposed structure is adequate to support the proposed wind energy system, including wind load and vibration.

B.

Elevations of the building with the proposed system installed.

C.

Schematic details showing how the system will be anchored to the building.

D.

Specifications for the wind turbine, electrical system, and all related components.

(Ord. No. 743, § 3, 3-21-2017)

18.62.060 - Use of electricity generated.

Electrical power is primarily for use on-site. Sale of excess energy to a utility company must be arranged prior to the approval of the conditional use permit.

(Ord. No. 743, § 3, 3-21-2017)

Audible noise from a small wind energy facility shall not exceed 35 dBA. Decibel levels for the system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied pursuant to the noise element of a general plan for the applicable zoning classification in a jurisdiction or applicable noise regulations, as measured at the nearest property line, except during short-term events, such as utility outages and severe windstorms.

(Ord. No. 743, § 3, 3-21-2017)

A.

Notice of an application for installation of a small wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located, or the city may require the applicant to provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation.

B.

The application shall include standard drawings and an engineering analysis of the system's tower, showing compliance with the current version of the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. A wet stamp, however, shall not be required if the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot

C.

The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

D.

The applicant shall provide evidence that they have informed the electric utility service provider that serves the proposed site of the applicant's intent to install a customer-owned electricity generator.

E.

If the application to install a small wind energy system is for a site that is within 1,000 feet of special use airspace associated with Travis Air Force Base (AFB), Travis AFB shall be given the opportunity to provide written comments regarding the application and the city shall consider those comments before acting on the application.

(Ord. No. 743, § 3, 3-21-2017)

A small wind energy system shall not be allowed where otherwise prohibited by any of the following:

A.

A comprehensive land use plan and any implementing regulations adopted by an airport land use commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code.

B.

The terms of a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of the Civil Code.

C.

The terms of an open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5).

D.

The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act (Division 10.2 (commencing with Section 10200) of the Public Resources Code).

E.

The terms of a contract entered into pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5).

F.

The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code.

(Ord. No. 743, § 3, 3-21-2017)

The city may require that a small wind energy system be removed by the owner/operator if it remains inoperable for 12 consecutive months.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.64 - SIDEWALK CAFÉS

The purpose of this chapter is to allow for the provision of outdoor café seating areas ancillary to established restaurants, café, coffee shops, and similar eating and drinking establishments.

==> picture [323 x 241] intentionally omitted <==

(Ord. No. 743, § 3, 3-21-2017)

Sidewalk cafés may be established within any designated commercial zone, including commercial mixed use, and within the residential mixed use zone, provided that all relevant stipulations of this chapter can be met. The sidewalk café area must be located adjacent to the restaurant and may be located along a street, within a pedestrian mall or plaza, or alley.

(Ord. No. 743, § 3, 3-21-2017)

A revocable sidewalk café encroachment permit must be obtained from the public works department prior to construction. The permit application must include:

A.

Name and address of applicant and the business with which the sidewalk café will be associated.

B.

Description of the use.

C.

Two sets of plans and elevations with dimensions showing the proposed location of the sidewalk café area, including perimeter barrier, associated tables and chairs, and all above-grade improvements, including any

shade structures, planters, or other fixtures. The pedestrian clear zone outside the perimeter barrier must be shown.

D.

Plans shall include dimensions and description of Americans with Disabilities (ADA) compliance measures.

E.

Owner consent (if owner not the applicant).

F.

Evidence of the business' liability insurance.

(Ord. No. 743, § 3, 3-21-2017)

A minimum five-foot pedestrian clear zone shall be maintained between the sidewalk café perimeter barrier and any fixed elements in the sidewalk, such as street trees, lighting, or planters.

(Ord. No. 743, § 3, 3-21-2017)

A.

The perimeter barrier shall consist of a physical barrier that separates the seating area from the pedestrian clear zone.

B.

The barrier shall be made of a durable material(s) that complements the restaurant design, such as metal, wood, bamboo, or planters.

C.

The height of the perimeter barrier shall be three feet minimum, four feet maximum. It shall not obstruct visibility of the street by patrons, or of the café seating area by pedestrians.

D.

The barrier shall not be adjacent to parking spaces where opening a vehicle

(Ord. No. 743, § 3, 3-21-2017)

A.

Tables and chairs must be moveable, not anchored to the sidewalk.

B.

In addition to chairs, benches and tables, other permitted facilities may include busing stations, and a host/hostess station.

C.

Shade structures may be incorporated. These may be awnings projecting from the building, freestanding umbrellas, trellis or pergola, or other suitable form of shade structure. Shade structures shall not extend to within three feet of the edge of a roadway.

D.

Decorative/accent lighting may be incorporated into the shade structure. An electrical permit must be obtained for lighting fixtures. Power shall not be from publically owned source.

E.

Sidewalk cafés may not include storage, kitchen, or cooking areas.

F.

Heating and cooling devises may be provided, such as gas heaters and misters. Descriptions of the proposed devises and their locations must be included in the encroachment permit application.

G.

Furnishings may be left within the designated sidewalk café area on days when the restaurant is typically closed, and when not in use. During seasonal closures (e.g., winter) the furnishings must be removed.

(Ord. No. 743, § 3, 3-21-2017)

No additional parking is required with the application of this chapter, if the total café seating does not exceed 24 seats or less. For café seating of 25 seats or more, parking shall be secured at the same ratio as the eating and drinking establishment, per Chapter 18.42, "Parking." Parking may be a combination of onstreet and off-street parking. Shared parking arrangements are encouraged.

(Ord. No. 743, § 3, 3-21-2017)

ARTICLE V. - ADMINISTRATION Chapter 18.65 - PREAPPLICATION

A.

The purpose of the preapplication process is to provide an opportunity for exchange of information between the applicant and staff prior to the submittal of a formal development application. This chapter

contains procedures and requirements for the preapplication review.

B.

Discussions at the preapplication conference are not binding on the city and do not constitute submittal or review of a development application.

C.

A formal application for a development project will not be accepted until after the mandatory preapplication conference has been completed.

(Ord. No. 816, § 1, 3-4-2025)

18.65.020 - Initial meeting.

A.

Pre-applicants shall contact the development services department to obtain the required preapplication forms. Upon receipt of the completed forms and required deposit, staff shall schedule a preapplication conference and inform the applicant of the date and time of the conference.

B.

Except for projects identified in this chapter or when waived by the planning division, a prospective applicant for any development entitlement is required to meet with staff prior to completing and filing an application for any proposed project listed in [Sections] 18.65.040 or 18.65.050 in order to:

1.

Provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to the proposed project;

2.

Familiarize staff with and offer preliminary comments about the proposed project;

3.

Review the city's approval process, possible project alternatives, or modifications;

4.

Determine the type of permits required for the project; and

5.

Identify any necessary technical studies and information relating to the environmental review of the project.

(Ord. No. 816, § 1, 3-4-2025)

No preapplication will be accepted for review without a deposit of 25 percent of the project development fees established by the city's master fee schedule, which amount will be credited toward project development fees collected at the time of submittal of a formal project application.

(Ord. No. 816, § 1, 3-4-2025)

A.

Staff shall prepare, update, and maintain preapplication forms and a related checklist for potential projects subject to legislative or discretionary approval pursuant to the municipal code, including:

1.

Annexation.

2.

General plan amendment; rezoning; or other city council approval.

3.

Specific plan and amendment.

4.

All nonresidential projects (other than permitted reuse of existing site or structure).

5.

Conditional use permit, site plan review, and planned development.

6.

Tentative map.

7.

Located within 300 feet of a residentially-zoned district or property designated residential within a specific plan.

8.

Includes a request for a density bonus and/or other incentives or concessions under Density Bonus Law, except as provided in [Section] 18.65.050, below.

9.

Does not appear to qualify for an exemption under the California Environmental Quality Act (CEQA).

Any site under Williamson contract.

11.

Development agreement or amendment (described in Section 18.70.050).

B.

A preapplication shall be deemed submitted upon providing the information specified in the city's applicable submittal checklist and submittal of the deposit specified in Section 18.65.030.

C.

A preapplication review shall also be available for potential projects not included in [Subsections] [A.]1. through 11., above, at the project proponent's request, subject to the same submittal requirements.

D.

The planning division may waive the preapplication requirement, as appropriate, when determined that there would be no additional benefit in undergoing preapplication review.

E.

A preapplication is not subject to the requirements of the California Permit Streamlining Act or the California Environmental Quality Act (CEQA), as determined by state law.

F.

Discussions regarding a preapplication are not binding on the city. Submittal of a preapplication does not constitute submittal or review of a project, and does not grant a vested right to develop the project under the regulations and fees in effect at the time the preapplication is submitted.

(Ord. No. 816, § 1, 3-4-2025)

18.65.050 - Preapplication review for projects subject to streamlining under state housing law.

Pursuant to Government Code Section 65941.1(a), and as may be amended, prospective proponents of eligible housing development projects may submit a preapplication under state law and this section.

A.

Projects entitled to preapplication under this section include any of the following:

1.

Residential units only;

Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designed for residential use; or

3.

Transitional housing or supportive housing.

B.

A preapplication shall be deemed submitted upon providing the information specified in the city's applicable submittal checklist and submittal of the deposit specified in Section 18.65.030.

C.

The project for which a preapplication has been submitted shall be subject only to the ordinances, policies, and standards adopted and in effect when the preapplication was deemed submitted.

D.

If the development project is revised such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preapplication that satisfies this section until the applicant resubmits the information required by the city's applicable submittal checklist so that it reflects the revisions. For purposes of this subsection, "square footage of construction" means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).

E.

Within 180 calendar days after submitting a preapplication, the application(s) required for the development project shall be submitted with all of the information required to process the development application consistent with state law, including, but not limited to, Government Code Sections 65940, 65941, and 65941.5.

F.

If the city determines that the application for the development project is not complete pursuant to Government Code Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency's written request for additional information. If he development proponent does not submit this information within the 90-day period, then the preapplication shall expire and have no further force or effect.

(Ord. No. 816, § 1, 3-4-2025)

The city requires the use of a preapplication process, as set forth in [Chapter] 18.65, preapplication, prior to the submittal of a development agreement application to enable the applicant to prepare and submit a complete formal application addressing the issues and concerns of the city.

A.

Purpose. The purpose of a development agreement preapplication conference is to provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to development agreements. The preapplication conference is also an opportunity for staff to become familiar with and offer preliminary comments about the proposed development agreement.

B.

Discussions non-binding. Discussions at the preapplication conference are not binding on the city and do not constitute submittal or review of a development agreement.

C.

Scheduling. Applicants shall contact the development services department to obtain the required preapplication forms. Upon receipt of the completed forms and required deposit, staff shall schedule a preapplication conference and inform the applicant of the date and time of the conference.

D.

Procedure. During the preapplication conference, staff will explain the development agreement review process and any special issues or concerns regarding the proposed development agreement.

E.

Effect. An application for a development agreement will not be accepted until after the mandatory preapplication conference has been completed.

(Ord. No. 816, § 1, 3-4-2025)

Chapter 18.66 - PERFORMANCE STANDARDS

This chapter establishes objective standards for the identification, review, and abatement or prevention of nuisances. The section is intended to ensure that industries and commercial establishments implement necessary control measures to protect the community from hazards and nuisances, and to protect industries from arbitrary exclusion. This section may be applied to any use in any zones which has the potential to cause the hazards and nuisances identified in this title.

(Ord. No. 743, § 3, 3-21-2017)

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, noise, vibration, smoke, fumes, gases, dust, odor, or other form of air pollution, heat, cold, dampness, radioactivity, electrical or other disturbances, glare, liquid or solid refuse or wastes, or other substance, condition or element (referred to in this chapter

as "dangerous or objectionable elements"), in such a manner or in such amount as to violate the regulations of this chapter limiting dangerous and objectionable elements.

(Ord. No. 743, § 3, 3-21-2017)

Should the development services director believe that a proposed use in any district is likely to create or emit dangerous or objectionable elements, he or she may invoke the performance standards procedures in this chapter during the development application process. Building permits and business licenses will be issued contingent on the determination by the development services director that the effect of potential hazards and nuisances on the community have been addressed.

(Ord. No. 743, § 3, 3-21-2017)

Whenever the performance standards procedure has been invoked, the applicant shall submit, as part of the development application process, a plan and supplemental statement of the proposed machinery, processes, applications, and products that may cause dangerous or objectionable elements and the techniques to be used in obviating the emission of dangerous or objectionable elements as defined in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

If the development services director determines that a proposed use identified prior to or during the development plan process may cause the emission of dangerous or objectionable elements, he or she may refer the applicant to one or more expert consultants qualified to advise as to whether a proposed or existing use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements. In the case of an existing use determined to be creating or emitting such elements, the operator of the use may be required to retain a consultant(s) to analyze and advise. Such consultant shall address his report to the development services director and a copy to the applicant or operator at the same time.

(Ord. No. 743, § 3, 3-21-2017)

Within 30 days after the development services director has received the application provided for in Section 18.76.030, or the report provided for in Section 18.76.050, if a report is required, the development services director shall decide whether the proposed use will conform to the requirements of this chapter, and, on such basis, shall authorize or refuse to authorize issuance of a building permit or require a modification of the proposed plan of construction or specifications, and proposed equipment or operation. Any building permit so authorized and issued shall be conditioned upon the applicant's completed buildings and installations, conforming in operation to the performance standards as stipulated in the building permit.

(Ord. No. 743, § 3, 3-21-2017)

Whenever the performance standards procedure has been invoked and a building permit issued, the development services director shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the commission of the occurrence or existence of a probable violation thereof. The development services director shall investigate the alleged violation, and may employ qualified experts as necessary to determine whether a violation has occurred and to determine its extent. If it is determined by the development services director that a violation has occurred or exists, a copy of the findings shall be forwarded to the planning commission. The services of any qualified experts shall be financed by the violator if the violation is established; otherwise, the cost shall be borne by the city.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.68 - NONCONFORMING USES

The lawful use of land existing on the effective date of the ordinance codified in this title, although such use does not conform to the regulations specified by this title for the district in which such use is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title; and that if any such use ceases, as provided in this chapter, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(Ord. No. 743, § 3, 3-21-2017)

The lawful use of a building existing at the time of adoption of the ordinance codified in this title may be continued, although such building and/or use does not conform to the regulations specified for the district in which such building is located.

(Ord. No. 743, § 3, 3-21-2017)

Any use for which a use permit is required and may be granted by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 18.73.

(Ord. No. 743, § 3, 3-21-2017)

If at any time any building in existence on the effective date of the ordinance codified in this title does not conform to the regulations, including parking regulations, for the district in which it is located, and is damaged or destroyed by fire, explosion, act of God or act of the public enemy, to the extent of more than 60 percent of the actual value thereof according to the fair market value placed thereon by the county assessor for the fiscal year during which such destruction occurs, the land and building shall be subject to all the regulations specified by this title for the district in which such land and buildings are located.

(Ord. No. 743, § 3, 3-21-2017)

If the actual operation of a nonconforming use of a building ceases for a continuous period of six months, unless the legal owner can establish valid proof to the contrary, such cessation of the nonconforming use shall be considered abandonment. Without further action by the planning commission, the building and the land on which the building is located shall be subject to all the regulations specified by this title for the district in which such land and building are located.

(Ord. No. 743, § 3, 3-21-2017)

A.

Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations or additions are made and provided that such work does not exceed 25 percent of actual value in any one-year period.

B.

Subsection (A) shall not be applicable to any structure and parcel of land contained in any official target area or amendment thereto adopted as a part of the development services block grant housing program for which funds from the program will be loaned, granted, or otherwise used to maintain, repair or reconstruct such residential structure.

(Ord. No. 743, § 3, 3-21-2017)

A.

Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this title. "Actual construction" means the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases, "actual construction" work shall be diligently carried on until the completion of the building or structure involved.

B.

The foregoing provisions shall also apply to nonconforming uses in districts extended and in new districts created after the effective date of the ordinance codified in this title.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.70 - DEVELOPMENT AGREEMENTS

Government Code Sections 65864 through 65869.5 authorize the city to enter into binding development agreements with any person having a legal or equitable interest in real property for the development of such property and further authorize the city to establish procedures and requirements for consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. Therefore, when such agreements are deemed appropriate by the city to ensure orderly growth and development of the city, expand or extend specified public utilities, services, and facilities, enhance or protect existing amenities or provide new amenities for the benefit of the community; provide a furtherance of the goals and objectives of the general plan; or otherwise protect the public health, safety and welfare of the community, such agreements may be considered by the city under the regulations, procedures and requirements set forth in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

The city council shall by separate resolution fix a schedule of fees and charges for the filing and processing of applications and documents required to be filed under these regulations, procedures, and requirements.

(Ord. No. 743, § 3, 3-21-2017)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement. The development services director may require an applicant to submit proof of his interest in the real property and/or the authority and purported agent to act on behalf of an applicant. Before processing an application, the development services director shall obtain the opinion of the city attorney as to the sufficiency of any applicant's interest in the real property and the applicant's qualifications to enter into the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

The development services director shall prescribe the form for each application, notice and documents provided for or required under these regulations, procedures and requirements for the preparation and implementation of development agreements.

B.

The development services director may require an applicant to submit such information and supporting data as the development services director reasonably considers necessary to process the application.

(Ord. No. 743, § 3, 3-21-2017)

Editor's note— Ord. No. 816, § 1, adopted Mar. 4, 2025, repealed § 18.70.050, which pertained to preliminary review, and derived from Ord. No. 743, § 3, adopted Mar. 21, 2017. See Ch. 18.65 for current provisions.

Each application shall be accompanied by a form of development agreement proposed by the applicant. This requirement may be satisfied by use of a standard city form of development agreement. Specific proposals for modifications of or additions to the standard form may be proposed by the applicant. The agreement will be approved by the city at its sole discretion.

(Ord. No. 743, § 3, 3-21-2017)

An application shall contain, but not be limited to, the following information:

A.

A description of all real property subject to the agreement;

B.

The term of the agreement;

C.

Identification of parties to the agreement;

D.

Conditions precedent to change of parties to the agreement;

E.

A development plan;

F.

Development regulations and uses, including but not limited to, the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;

G.

A development program including timing, permits, and other authorizations and procedures;

H.

Provisions for reservations or dedications of land for public purposes;

I.

Conflicts with other laws and ordinances;

J.

Defaults, remedies, and termination procedures;

K.

Cooperative agreement in the event of legal challenge;

L.

Reimbursement of city costs;

M.

Performance recitals;

N.

Waivers and amendments;

O.

Severability.

(Ord. No. 743, § 3, 3-21-2017)

18.70.080 - Application—New development.

In the case of a new development, not previously authorized, the applicant shall obtain any or all of the following documents which are required by applicable law and the agreement shall include such references, terms, conditions, covenants, and standards as may be set forth in such documents:

A.

Approved/certified environmental document;

B.

Approved annexation documents;

C.

Approved zoning or prezoning;

D.

Approved planned unit development permit;

E.

Approved land use permit;

F.

Approved tentative subdivision map(s);

G.

Approved final subdivision map(s);

H.

Approved design review or site plan permits;

I.

Approved utility easements, right-of-way dedications, and/or other reservation or dedications for public purposes;

J.

Any other specific authorization deemed by the city to be of necessity a part of the development agreement.

(Ord. No. 743, § 3, 3-21-2017)

Where an existing development has been authorized by the city prior to the enactment of the ordinance from which this chapter derives and the development has not been commenced or is substantially incomplete, the agreement shall be applicable to only those portions of the development for which a valid building permit has not been issued. The contents shall include any amendments to the approvals listed in Section 18.70.080, and may contain any new authorizations or conditions deemed appropriate by the city to carry out the intent and purposes of this chapter and of the agreement.

Where any authorization under Section 18.70.080 is required by ordinance or by the plan of a new development and which authorizations have not previously been required of an existing development subject to this section, such requirements may be imposed only by the mutual consent of all parties to the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon formal application by an applicant, the development services director shall review the application and attachments in accordance with this title and any other applicable ordinance.

B.

Upon acceptance for filing by the development services director, copies of agreements, concurrent applications, plans and drawings shall be distributed to the city departments, public agencies, and responsible agencies as required by this title and any other applicable ordinance.

C.

Such departments and agencies shall have not longer than 45 days to respond to the application in writing; provided, however, that:

1.

In the event an environmental impact report (EIR) or combined EIR and environmental impact statement (EIS) is required, the responses to the application shall be received by the development services director no later than 30 days after certification and adoption of the final EIR or EIR/EIS.

2.

In the event a division of land subject to the state Subdivision Map Act and Division I of Title 17 is required, the responses to the application shall be received by the development services director, as required by state law.

D.

After receipt by the development services director of all written responses to the application and prior to giving notice of public hearing, the development services director shall prepare a report to the city planning commission which shall state whether or not the proposed agreement, or any amended form of the proposed agreement, is consistent with the city general plan, any applicable specific plan, previous authorizations, if any, and any applicable ordinances and codes.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall give notice of intention to consider adoption of a development agreement and of any other public hearing required by law or these regulations. The requirements for form and time of notice of intention to consider adoption of development agreement are as follows:

A.

Form of Notice. The form of the notice of intention to consider adoption of development agreement shall contain:

1.

The date, time, and place of the hearing;

A general explanation of the matter to be considered, including but not limited to a general description of the real property affected; and

3.

Any other information required by specific provision of these regulations or which the development services director considers necessary or desirable.

B.

Time and Manner of Notice. Notice shall be given by development services director as required by the provisions of Government Code Sections 65090—65096. If combined hearings are to be held, separate notices for each such hearing must be given by the development services director.

C.

Failure to Receive Notice. The failure of any person who is entitled to be given notice by applicable law and/or these regulations to actually receive notice, if notice has been properly given, shall not affect the authority of the city to enter into a development agreement and no such development agreement shall be invalid by reason of such failure to receive notice.

(Ord. No. 743, § 3, 3-21-2017)

The public hearing shall be conducted in accordance with the procedural standards set forth in Government Code Section 65804 for the conduct of zoning hearings. Such hearings may be continued from time to time as deemed necessary. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

(Ord. No. 743, § 3, 3-21-2017)

Where it is deemed appropriate by the development services director and does not conflict with the Government Code or city ordinance, a combined hearing or hearings may be held by the planning commission to avoid duplication of hearing requirements. The planning commission shall take action on each application and make separate findings by separate resolution or minute action.

(Ord. No. 743, § 3, 3-21-2017)

No action, inaction, or recommendation regarding the proposed development agreement shall be void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless in an examination of the entire circumstances, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the

error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed.

There shall not be a presumption that an error is prejudicial or that injury was done.

(Ord. No. 743, § 3, 3-21-2017)

18.70.150 - Planning commission recommendation.

A.

After the hearing by the planning commission, the commission shall make its recommendation concerning the agreement by resolution to the city council. The resolution shall include the planning commission's determination that the proposed development agreement:

1.

Is consistent with the objectives, policies, general land uses, and programs set forth in the general plan and any applicable specific plan;

2.

Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3.

Is in conformity with public convenience, general welfare and good land use practice;

4.

Will not be detrimental to the public health, safety and general welfare;

5.

Will not adversely affect the orderly development of property or the preservation of property values.

B.

The resolution shall include statements specifying reasons for the recommendation.

(Ord. No. 743, § 3, 3-21-2017)

A.

The city council shall give notice of a public hearing or hearings in the time and manner set forth in Section 18.70.110 and the city council shall hold such hearings as are required by the Government Code, this title, and any other applicable ordinance.

B.

Upon completion of the public hearing by the city council, the city council may accept, modify, or disapprove the recommendation of the planning commission; or may request more information from the applicant or city staff before making a final determination.

C.

The city council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

D.

Approval of a development agreement by the city council shall be by ordinance. The ordinance shall set forth the effective date of the agreement; provided, that the effective date shall be expressly conditioned upon all parties to the agreement certifying to their acceptance to all of the terms and conditions of the agreement by signature thereto prior to or upon the effective date. Failure of any of the parties to this agreement to so certify to the terms and conditions prior to the effective date shall automatically void the agreement.

(Ord. No. 743, § 3, 3-21-2017)

18.70.170 - Amendment or cancellation by consent.

A.

Initiation. Either party may propose to amend or to cancel, in whole or in part, a development agreement previously entered into.

B.

Procedure. The procedure for amendment or cancellation, in whole or in part, of a development agreement shall be the same procedure set forth in Sections 18.70.020 through 18.70.160; however, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to all other parties to the agreement of its intention to initiate such proceedings at least 30 days in advance of consideration of the amendment or cancellation required by public hearing.

(Ord. No. 743, § 3, 3-21-2017)

A.

Within ten days after the city enters into the development agreement, the city shall record the agreement with the county recorder.

B.

If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Government Code Section 65868, or if the city terminates or modifies the agreement as provided in

Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

(Ord. No. 743, § 3, 3-21-2017)

A.

The city shall review the development agreement every 12 months from the date the agreement is entered into.

1.

The time for review may be shortened either by agreement between the parties or by:

a.

Recommendation of the development services director; or

b.

Affirmative vote of at least three members of the planning commission; or

c.

Affirmative vote of at least three members of the city council.

2.

In no event shall the review period exceed a period of 12 months.

B.

The development services director shall initiate the review proceedings by giving notice to all parties to the agreement that the city intends to undertake a periodic review of the development agreement, and shall give such notice at least 30 days in advance of the date of such review by the city.

(Ord. No. 743, § 3, 3-21-2017)

18.70.200 - Periodic review—Hearing.

A.

If directed by the city council, the planning commission shall hear the matter regarding review of the development agreement.

B.

The city council or planning commission shall conduct a public hearing. The property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

(Ord. No. 743, § 3, 3-21-2017)

A.

If the development services director, city council, or planning commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for the period shall be concluded.

B.

If the development services director, city council, or planning commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city council or planning commission may commence proceedings to amend or cancel the agreement.

C.

If the planning commission is the reviewing body, the property owner may appeal the determination of the planning commission to the city council in accordance with Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

18.70.220 - Periodic review—Amendment or cancellation.

A.

Notice of Proceedings. If, upon a finding under Section 18.70.210(B), the city determines to proceed to amend or cancel the agreement, the city, through the development services director, shall give notice to the property owner of its intention to amend or cancel. The notice shall contain:

1.

The date, time, and place of the hearing;

2.

A statement as to whether or not the city proposes to cancel or to amend the development agreement;

3.

Other information, which the city considers necessary to inform the property owner of the nature of the proceeding.

B.

Hearing. At the date, time, and place set for the hearing on amendment or cancellation, the property owner shall be given an opportunity to be heard. The city council may refer the matter back to the planning commission or city staff for further proceedings or for report and recommendation. The city council may impose such conditions as it considers necessary to protect the interests of the city. The decision shall be made by amendment or repeal of the agreement ordinance. The decision of the city council is final.

(Ord. No. 743, § 3, 3-21-2017)