Chapter 18.04 — PURPOSE

An official land use zoning ordinance for the city is adopted and established to assist in implementing the General Plan, to serve the public health, safety, comfort, convenience and general welfare, to provide for the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide and provide a definite plan for the future growth and development of the city.

When there is no planning commission, the city council shall do all things required of the planning commission by this title.

In addition to the provisions established in this zoning ordinance, the city shall comply with relevant federal and state laws, as they are amended. these laws frequently change over time, and they shall be implemented through the city, as applicable.

(Ord. 373, §3, 2023)

Chapter 18.06 - PROCEDURES

These procedures apply to those planning entitlements codified herein, including general plan amendments, zone changes, text amendments, annexations and pre-zoning, conditional use permits, home occupation use permits, site plan permits, and variances.

Before accepting any application for filing, the city shall charge and collect fees for the purpose of defraying the expenditures incidental to the proceedings. Said fees shall be as adopted by resolution of the city council.

For each appeal to the planning commission or city council from any order, requirement, decision or determination of the community development director or planning commission in the determination of enforcement of the provisions of this title, a filing fee is to be paid at such times and in such amounts as shall hereinafter be set forth by the city council from time to time by resolution.

Following a determination by the community development director that an application is deemed complete, the secretary of the planning commission shall fix a time and place of public hearing thereon. Not less than ten calendar days nor more than thirty calendar days before the date of such public hearing, notice of the date, time, place of hearing, and location of the property and the nature of the request, shall be given in the following manner

A.

By publishing once in a newspaper of general circulation in the city;

B.

By posting on the official city bulletin boards;

C.

By mailing a notice, postage prepaid to the applicant, to each member of the planning commission, and to the owners of all property involved or within three hundred feet of the exterior boundaries thereof, using for this purpose the last known name and address of such owners as shown upon the last assessment roll of the city or county; and

D.

By electronic mail (e-mail) and/or posting on the city website.

Upon a determination by the community development director that an application is complete for filing, the application file shall be available for review by the public during regular city business hours.

Public hearings as provided for in this title shall be held before the community development director, planning commission, or city council at the time and place for which public notice has been given as hereinbefore required. The community development director, planning commission, or city council may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the administrative record of the application being considered. Any such hearing may be continued provided that, prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the date, time and place to which such hearing will be continued. If the date, time and place of the continued hearing are not specified, the matter shall be re-noticed as specified in section 18.06.040.

A.

Within thirty-five calendar days after the conclusion of a public hearing, the community development director, planning commission or city council shall render its written decision on the matter so heard.

B.

The planning commission or city council shall announce and record its action by formal resolution, and such resolution shall recite the appropriate findings upon which the decision is based.

C.

Within ten calendar days after the final written decisions by the planning commission or city council on an application, notice of the decision in the matter shall be mailed to the applicant at the address shown upon the application and to persons requesting same.

Decisions made by the community development director may be appealed to the planning commission. Decisions made by the planning commission may be appealed to the city council. The granting, either with or without conditions, or the denial of an application shall be final unless within ten calendar days after the decision by the community development director, or the planning commission, the applicant or any person aggrieved, shall appeal there from in writing to the planning commission or city council by presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the planning commission or city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice, and conducting the hearing, shall be the same as prescribed for hearings as specified in sections 18.60.040 and 18.60.050.

No permit or license shall be issued for any use or activity involved in a planning application until same shall have become final by reason of the failure of any person to appeal, or by reason of a final action of the

community development director, planning commission, or city council.

If the use or activity authorized by any planning permit is, or has been unused, abandoned, or discontinued for a period of twelve months, said planning permit shall become null and void and of no effect.

Prior to expiration date of any planning permit, a written request may be submitted to the review authority that approved the permit requesting an extension of time for up to twelve months each time in order to complete the permit. Said request shall state the reasons for the extension and shall be accompanied by any fees pursuant to section 18.60.020.

A.

Within ten calendar days after a final recommendation by the planning commission on an application for a general plan amendment, text amendment, zone change, or annexation and prezoning, its recommendations together with the administrative record of the application shall be delivered to the city council.

B.

The city council after receipt of the report and recommendation from the planning commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as specified in sections 18.60.040 and 18.60.050.

C.

No permit or license shall be issued for any use involved in an application for a zone change or text amendment until same shall have become final by the adoption of an ordinance.

A planning permit approved under the provisions of this title may be revoked for noncompliance with the condition of the permit or for the creation of a nuisance as herein defined. The review procedure for a planning permit revocation proceeding shall be a public hearing by the review authority that approved the permit. Said proceeding can only be initiated by the community development director, planning commission, or city council after determining if there are sufficient reasons to conduct the hearing.

As part of an application for those planning applications specified in section 18.06.010, the applicant and real party of interest shall agree to defend, indemnify, hold harmless, and release the city, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of the above, the purpose of which is to attack, set aside, void or annual approval of the application or adoption of the environmental document which accompanies the application.

Chapter 18.08 - DEFINITIONS[[2]]

Footnotes:

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Editor's note— Ord. 373, §4(Att. 1), adopted Oct. 16, 202, repealed the former Ch. 18.08, §§ 18.08.010— 18.08.520, and enacted a new Ch. 18.08 as set out herein. The former Ch. 18.08 pertained to similar subject matter and derived from prior code; Ord. 330 §§3, 4, adopted 2008; Ord. 333 §2(Exh. A), adopted 2010.

18.08.010 - Definitions—Generally.

This title shall be known as the "Zoning Ordinance" of the City of Sutter Creek. For the purpose of this title, certain terms and words are defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number, and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.

"Affordable rent" means the maximum monthly rent for a specified income level calculated in accordance with Health and Safety Code Section 50053 and implementing regulations.

"Affordable sales price" means the maximum housing cost for a specified income level, calculated in accordance with Health and Safety Code Section 50052.5 and implementing regulations.

"Affordable units" means those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price to very low income households, low income households, or moderate income households.

"Alley" means a public way permanently maintained as a secondary means of access.

"Apartment hotel" means a building, or portion thereof, designed for or containing both individual guest rooms or suites of rooms and dwelling units.

"Apartment house" means a building, or portion thereof, designed for or occupied by five or more families living independently of each other.

"Area requirements" means the minimum net square footage of any lot excluding street rights-of-way. Area requirements are the equivalent of land use density.

"Automobile service station" means an establishment for the primary purpose of gasoline or vehicle fuel retail sales. This may also include sales of automotive accessories, vehicular operating fluids, and convenience goods or groceries, as well as the provision of minor vehicle maintenance, such as vehicle washing facilities, excluding automotive repair.

"Boarding and rooming house" means a residence, other than a hotel, wherein a room or rooms, with or without individual or group cooking facilities, are rented, leased, or subleased under two or more separate

written or oral rental agreements, leases, or subleases, whether or not the owner, agent or rental manager resides within the dwelling unit.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. See also structure.

"Building footprint" means the ground area of a building or group of buildings.

"Building height" means the vertical distance from the average finished grade of a building footprint to the highest point of the structure. See also Grade.

"Building setback" is the minimum distance allowed between a lot line and the nearest building, column, wall, or fence structure requiring a building permit.

"Bungalow court" means a group of two or more detached one-family or two-family dwellings as rental units located upon a single lot, together with all open spaces as required by this title.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter or storage.

"Change of occupancy" means a discontinuance of an existing use and substitution therefore of a use of a different kind or class.

"Child day care 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, as defined in California Health and Safety Code Section 1596.750 as amended. "Child day care facility" includes day care centers - child and family day care homes.

"Day care center, adult" means a social rehabilitation facility or adult day program, as defined in Health and Safety Code Section 1502, that provides care to persons eighteen years of age or older on less than a twenty-four-hour basis.

"Day care center, child" means a child day care facility, other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers, and includes childcare centers licensed pursuant to Health and Safety Code Section 1596.951.

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business.

"Concession or incentive" is as defined in Government Code Section 65915.

"Condominium" means a building or group of buildings in which the interior spaces of units are owned, individually, but the structure, common areas, and facilities are owned by the owners on a proportional, undivided basis.

"Convenience store" means a retail business with primary emphasis placed on providing the public a convenient location at which to purchase from a wide array of consumable products, predominantly food or food and gasoline services.

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.

"Director" means the community development director, or a designee of the community development director.

"Duplex dwelling" or "duplex" means a single building consisting of two dwelling units designed for or occupied exclusively by two families living independently of each other.

"Dwelling" means a building or portion thereof designed or occupied for residential purposes, including one-family/single-family, two-family, multiple dwellings, but not including hotels, boarding and lodging houses, trailers and mobile homes.

"Dwelling group" means a combination or arrangement of dwellings on one building site.

"Dwelling unit" means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), that constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.

"Educational animal project" means an animal husbandry activity which is under the supervision of an educationally-oriented youth program or organization that is connected with a school or nonprofit organization.

"Educational institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

"Emergency shelter" has the meaning ascribed to it in Government Code Section 65582(d) and Health and Safety Code Section 50801(e), as such sections may be amended from time to time, and which presently define the term "emergency shelter" to mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

"Employee housing" has the meaning ascribed to it in Health and Safety Code Section 17008, as may be amended, and that is regulated by the California Department of Housing and Community Development.

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

"Family" means a group of individuals, not necessarily related by blood or marriage, or adoption, or guardianship, living together in a single dwelling unit as a single housekeeping unit.

"Family day care home" means a licensed home in which the daycare provider resides and that provides family child care for up to twelve children, or for up to fourteen children, as may be applicable if the criteria in Health and Safety Code Sections 1597.44 and 1597.465 are met, as set forth in Health and Safety Code Section 1596.78, as may be amended from time to time, provided the provider holds a license from the state to operate as such. A family day care home is not required to hold a business license from the city nor pay a fee or tax to the city to operate.

"Family food production" means the non-commercial raising or keeping of animals by a family on the same lot as the primary residence of the family, solely for the purposes of personal use and consumption.

"Farmworker housing" has the same meaning as "employee housing," as set forth in Health and Safety Code Section 17008(a), for farmworkers.

"Floor area" means the sum of the gross floor area for each story of a building measured from the exterior faces of the exterior walls. Floor area includes all enclosed spaces.

"Floor area ratio" means the total floor area of the building or buildings on a lot, divided by the lot area. For example, on a lot with ten thousand square feet of lot area, a FAR of 1.00 will allow ten thousand square feet of gross square feet of building floor area to be built, regardless of the number of stories in the building (e.g., five thousand square feet per floor on two floors or ten thousand square feet on one floor). On the same lot, a FAR of 0.50 would allow five thousand square feet of floor area and a FAR of 0.25 would allow two thousand five hundred square feet.

"Fourplex dwelling" or "fourplex" means a single building consisting of four dwelling units.

"Front lot line" means the boundary line of a lot that separates the property from the street or right-of-way. On a corner lot, only the line separating the street on which the proposed or existing structure will face is considered as a front lot line.

"Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the building setback line.

"Garage" means a building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings on the premises are stored or kept.

"Gas station" means an automobile service station and convenience store which supplies fuel to motor vehicles, groceries, and sundry items, and can include vehicle servicing and repairing, vehicle washing, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work.

"Grade" means the average of the finished ground level at the center of all walls of a building. "Gross acre" means the entire acreage of a parcel.

"Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

"Halfplex dwelling" or "halfplex" means one-half of a duplex dwelling which is located on a separate lot from the other half of the duplex. Also referred to as a zero lot line unit.

"Home occupation" means an occupational activity or business use conducted within a dwelling unit and/or an accessory structure by a resident of the property, and that is secondary to the residential use of a property, but does not include a family day care home.

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums.

"Hotel" means a building that provides accommodations for temporary lodging and services for travelers and tourists, in which there are five or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

"Interior lot" means a lot other than a corner lot.

"Live-work unit" means a building or space within a building that is used jointly for office/business and residential uses allowed in the applicable zoning district.

"Lot" means a parcel.

"Lot area" means the total horizontal area (i.e. map area) within the lot lines of a lot.

"Lot coverage" means the ratio of the total footprint area of all structures and impervious cover on a lot relative to the lot area. The sum of the footprints of all primary and accessory structures, including garages, carports, covered patios, and roofed porches is used to calculate lot coverage.

"Lot depth" means the lesser of the horizontal distances separating the front and rear lot lines measured at the side lot lines.

"Lot width" means the lesser of the horizontal distances separating side lot lines measured at the front and rear lot lines.

"Low barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, that meets the requirements of Government Code Section 65662, as may be amended.

"Major transit stop" means a site containing any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; or (c) the intersection of two or major bus routes with a frequency of service interval of fifteen minutes or less during the morning or afternoon peak commute period, or as otherwise defined by Public Resources Code Section 21064.3.

"Manufactured housing" has the same meaning as "manufactured home" in Section 18007 of the Health and Safety Code.

"Mined lands" means and includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, working, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

"Mining waste" means and includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

"Mobile home" means a structure, transportable in one or more sections, built on a permanent chassis and designed for use as a single-family dwelling unit and which (1) has a minimum of four hundred square feet of living space; (2) has a minimum width in excess of one hundred two inches; (3) is connected to permanent utilities; and (4) is tied down to a permanent foundation or is set on piers, with wheels removed and skirted, in a mobile home park or on a lot owned, rented, or leased by the homeowner.

"Mobile home parks" means a parcel or contiguous parcels under one ownership that are planned and improved, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, to accommodate mobile homes for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. Mobile home parks may include accessory outdoor storage areas for recreational vehicles, boats, etc., for the exclusive use of park residents.

"Multiple family dwelling" means a building containing two or more dwelling units for the use of individual households; an apartment or condominium building is an example of this dwelling unit type.

"Nonconforming building" means a building or structure or portion thereof conflicting with the provisions of this title applicable to the zone in which it is situated.

"Nonconforming use" means a use that conflicts with the provisions of this general plan, and may include use of a conflicting structure, a conflicting use within a conforming building, a conflicting use within a conflicting structure, or a conflicting use of land.

"Nuisance" means anything which is injurious to the health, safety or public welfare, or is an obstruction to the free use and enjoyment of property in the affected area.

"Occupied" means the active use of a property, structure, or dwelling.

"One-family dwelling" or "single-family dwelling" means a dwelling, not attached to any other dwelling, which is designed for and occupied by not more than one family and surrounded by open space or yards.

"Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf.

"Outdoor retail sales" means the outdoor display of products by a permanent business establishment and temporary retail operations, including farmer's markets; sidewalk sales; seasonal sales; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; and retail sales of various products from individual vehicles. Does not include flea markets or swap meets which occupy more than two acres of land.

"Parcel" means a contiguous area of land, except for intervening easements and right-of-way with a continuous boundary defined by the description of said parcel as recorded in the office of the county clerk or by reference to a recorded subdivision plat.

"Permit" means any formal authorization from, or approved by, the city, the absence of which would preclude surface mining operations.

"Person" means any individual, firm, partnership, joint venture, association, club, fraternal organization, corporation, estate trust, receiver, organization, syndicate, city, county, municipality, district or other

political subdivision, or any other group or combination acting as a unit. In regard to surface mining and reclamation "person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.

"Pet" means domestic animals ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, birds and the like

"Planned development" is as defined in Civil Code Section 1351(k).

"Primary dwelling unit "means an existing or proposed single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household, and does not include an accessory dwelling unit or junior accessory dwelling unit.

"Public garage" means a garage, other than a private garage.

"Rear lot line" means the line opposite the front lot line.

"Rear yard" means a yard extending across the full width of the lot between the building setback line and the rear lot line. The depth of the required rear yard is measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.

"Reclamation" means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational or emergency occupancy, and bearing the state or federal insignia of approval for recreational vehicles.

"Residential care facility, large" means any family home or group care facility serving seven or more persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.

"Residential care facility, small" means any family home or group care facility serving six or fewer persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.

"Residential caretaker unit" means permanent or temporary housing that is secondary or accessory to the primary use of the property. Such dwellings are used for housing a caretaker employed on the site of a nonresidential use where a caretaker is needed for security purposes or to provide twenty-four hour care or monitoring facilities, equipment, or other conditions on the site, or for employees and seasonal workers employed on the site where work is in locations deficient in housing. Caretaker units are limited in size to a maximum of eight hundred square feet.

"School" means a public or private elementary, junior high, or high school which offers instruction in the several branches of learning and study required to be taught by the Education Code of the State of California.

"Senior housing" means a housing development consistent with the California Fair Employment and Housing act (Government Code Section 12900 et. Seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the federal Fair Housing Amendments Act of 1988 P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as the phrase is used in California Civil Code Sections 51.2 and 51.3. Senior housing shall be allowed the same as other residential uses in the same zone.

"Short-term rental unit" or "Vacation rental" means a residential dwelling unit or accessory building rented for periods of thirty consecutive days or fewer. Also known as a vacation rental.

"Side lot line" means any lot lines other than a front lot line or a rear lot line.

"Side yard" means a yard between the main building and the side lot line extending from the building setback line of the required front yard to the rear yard the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building.

"Single housekeeping unit" means an interactive group of persons jointly residing in a single dwelling unit exercising joint responsibility for and use of the dwelling's common areas, jointly sharing household expenses, and jointly sharing household activities and responsibilities such as meals, chores, and household maintenance.

"Single room occupancy facility" means a structure that provides living units that have separate sleeping areas and may have private or some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents.

"Single room occupancy unit" means a room that is used, intended or designed to be used by no more than two persons as a primary residence, but which lacks either or both a self-contained kitchen or bathroom.

"Special event" means any commercial outdoor gathering of at least twenty-five individuals, whether on public or private property, assembled with a common purpose for a period of up to seventy-two hours. Special events include, but are not limited to concerts, fairs, carnivals, parades, races, festivals, celebrations, or any other gathering or events of similar nature. Special events do not include: a temporary event conducted in an approved place of public assembly, such as a theater, convention center, meeting hall, public school events on school property, sports facility, or fairgrounds; or private non-commercial events/ parties held at a private residence. Events occurring for more than three contiguous days are not special events and require a conditional use permit.

"State board" means state mining and geology board, in the department of conservation, State of California.

"State geologist" means individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

"Storage" means the placement or keeping of an object, vehicle, or materials in a stationary location on private property for a period of time exceeding seventy-two hours.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

"Street" means a thoroughfare which affords the principal means of access to abutting property.

"Structure" means anything constructed or erected, the use of which requires being attached to the ground or attached to something located on the ground. For the purposes of this document, the term "structure" includes "buildings."

"Supportive housing" or "permanent supportive housing" means permanent housing with no limit on the length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. Shall also include associated facilities if used to provide services to housing residents.

"Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

A.

In-place distillation, retorting or leaching;

B.

The production and disposal of mining waste;

C.

Prospecting and exploratory activities.

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

"Time share unit" means a condominium or similar unit that can be purchased for a specified annual term of use (typically one to two weeks).

"Townhouse" means a dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit and where no unit is located over another unit.

"Trade school" or technical school means a postsecondary educational institution designed to train students for a specific job in a skilled trade career.

"Transient occupancy building" means a building that has an occupancy of 30 consecutive days or fewer, and may include a boarding house, vacation rental unit, hospice, or hostel.

"Transitional housing" means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible. Transitional housing limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

"Triplex dwelling" or "triplex" means a single building consisting of three dwelling units.

"Use" means the purpose for which a lot or structure is or may be leased, occupied maintained, arranged, designed, intended, constructed, erected, moved, altered, and/or enlarged in accordance with the general plan land use designations and city zoning ordinance.

"Yard" means an open space on a lot unoccupied and unobstructed from the ground upward.

(Ord. 373, §4(Att. 1), 2023)

18.08.020 - Rules and interpretations.

A.

Terminology. The following rules apply to all provisions of the zoning code:

1.

Language. The words "shall", "must", "will", "is to", and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either-or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including, but not limited to".

5.

Local reference. "City" as used herein means the City of Sutter Creek and all public officials, bodies and agencies referenced herein are those of the city unless otherwise stated.

B.

Number of days. Whenever the number of days is specified in the zoning code, or in any permit, condition of approval, or notice issued or given as provided in the zoning code, the number of days shall be construed as calendar days. when the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

C.

Minimum requirements. In interpreting and applying the provisions of the zoning code, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the zoning code imposes a greater restriction upon the use of buildings or land or requires larger open spaces than are imposed or required by this Code or other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of the zoning code shall control.

(Ord. 373, §4(Att. 1), 2023)

Chapter 18.10 - General Provisions

The regulations specified in this title shall be subject to the interpretations and exceptions codified in this chapter.

All ordinances and parts of ordinances in conflict with this title are hereby repealed. Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern.

The illegality or invalidity of any provision or portion of this ordinance shall not affect the validity of the remainder of the ordinance, and this ordinance shall be constructed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this ordinance unenforceable.

A.

Uses other than those specifically listed in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those specifically listed and are in the opinion of the planning department or planning commission, as evidenced by a resolution in writing, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.

B.

Public utility distribution and transmission lines, both overhead and underground, shall be allowed in any district without limitation as to height provided, however, that the routes of the proposed transmission lines shall be located within established public utility easements or rights-of-way.

C.

Uses shall be consistent with the general plan.

(Ord. 373, §5(b), 2023)

A.

The proposed site improvements shall be consistent with city improvement standards and all ordinance requirements;

B.

The proposed site development shall not conflict with the various elements of the general plan, and the purposes of this title; and

C.

Site plans shall depict the site layout or use in two dimension, whereas plans for design review shall depict the visual street view and three dimensional layout of the proposed improvement.

(Ord. 373, §5(c), 2023)

No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, including elevator or stairway towers, steeples, roof signs, chimneys, or other similar structures shall exceed the height limit provided in this title. If specifically permitted within a zoning district, radio and television masts, telecommunication towers, electrical generating towers, flagpoles, and smokestacks may extend not more than thirty feet above the height limit provided in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 373, §5(d), 2023)

This section does not apply to accessory dwelling units and junior accessory dwellings regulated by Government Code Section 65852.2 and Chapter 18.61 of the Sutter Creek Municipal Code. The following regulations apply to the location of accessory buildings unless otherwise provided in this title.

A.

No detached accessory buildings in residential zones may exceed two stories, or thirty-five feet in height, except in accordance with state height allowances for affordable units.

B.

No detached accessory building or structure in residential zones shall be located within the front yard setback.

C.

Detached accessory buildings in residential zones shall be located at a distance no less than ten feet from the side street line

D.

Except for accessory dwelling units, as established by state law, no accessory buildings in residential zones, if one story in height shall be located nearer than five feet to the side or rear property line; or if two stories in height, shall be located nearer than eight feet to the side or rear property line.

(Ord. 373, §5(e), 2023)

Editor's note— Ord. 373, §5(f), adopted Oct. 16, 2023, repealed § 18.10.070, which pertained to additional dwelling units and derived from prior code.

On through lots either line separating such lot from a public thoroughfare may be designated by owner as the front lot line. In such cases the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum yard shall conform to the front yard setback for the zone in which the property is located.

Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, carports, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed two feet.

B.

Open, unenclosed uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side, or rear yard not more than six feet provided, however, that an open work railing which meets California Building Code requirements may be installed or constructed on any such porch, platform, or landing place.

C.

Detached accessory buildings in residential zones may occupy side and rear yards as provided in section 18.10.060(D).

D.

The storage of vehicles including motor homes, campers, boats, trailers and the like shall not be permitted within the front yard setback or the street side yard setback.

E.

Stored materials. The storage of materials or objects shall be within a fully enclosed structure, or hidden from view from public property or adjacent private property by constructing a lawful, solid, opaque wall or fence.

F.

Garages facing the street shall be set back at least twenty feet from the property line or back of sidewalk where sidewalks exist.

(Ord. 373, §2, 2023)

18.10.100 - Fences, walls and hedges.

A.

In residential zones, no fence, non-structural wall or hedge located in the rear or side yards shall exceed a height of six feet above finish grade.

B.

In residential zones, no fence, non-structural wall or hedge located in the required front yard shall exceed a height of four feet above finish grade.

C.

In residential zones no fence, non-structural wall or hedge located in the required street side yard shall exceed a height of four feet above finish grade, except when located no closer than five feet from the

property line or back of curb, said fence, non-structural wall or hedge may be up to six feet in height above finish grade.

D.

In the R-1, R-2, and R-3 zones no barbed wire shall be used in or about the construction of a fence, nonstructural wall or hedge along the front; side, or rear lines of any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

E.

The provisions of paragraphs (A), (B), (C), and (D) of this section shall not apply to fences required by law to surround and enclose public utility installations or for the fencing of livestock.

F.

A building permit is required for fences within commercial and industrial zones exceeding six feet in height.

G.

Barriers for swimming pools shall meet the requirements of Part 2.5 Appendix V of the California Building Code.

(Ord. 337 §2(Exh. A), 2010; Ord. 373, §§2, 5(a, g), 2023)

A.

Where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings, no building hereafter erected or structurally altered shall project into the front yard setback to a greater extent than the average front yard line so established.

B.

In determining such front yard depth, buildings located more than thirty-five feet front the front property line or buildings facing a side street on a corner lot shall not be counted.

Volume II of the City of Sutter Creek General Plan contains implementing standards, guidelines, and plans that provide additional direction and requirements applicable to development within the city. General Plan Volume II includes standards for specific areas within Sutter Creek, conservation efforts, parks and circulation improvements, and the Sutter Creek Design Standards, Capital Improvement Program, and Improvement Standards. Development projects are expected to comply with these standards, as applicable."

(Ord. 373, §5(h), 2023)

The Sutter Creek Improvement Standards establish the minimum standards to be applied to improvements and private development projects to be dedicated to the public and accepted by the city for maintenance or operation, as well as improvements to be installed within existing rights-of-way and easements. These standards apply to and regulate the design and preparation of plans for construction of streets, highways, drainage, sewerage, street lighting, water system facilities and related public improvements.

(Ord. 373, §5(i), 2023)

The city's adopted design standards provide specific guidance on new development by type and location of the development to facilitate the city's architectural regulations. They include standards for site organization, architecture, landscaping, parking, access, screening, fences and walls, lighting, refuse/storage/ and equipment areas, roofs, building materials, colors, entries, and other design components. Specific standards are established for projects within the historic district and Main Street historic district, and general standards are established for all projects in the city.

(Ord. 373, §5(j), 2023)

Chapter 18.12 - ZONES

In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; and to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, fifteen classes of land use zones are established to be known as follows:

• (Ord. 333 §2(Exh. A), 2010; Ord. 373, §6(a, b), 2023)

In addition to the base zones listed in section 18.12.010, there are also three "combining zone" designations which can be applied to specified base zones as follows:

18.12.020 - Zoning map.

Figure 1—Sutter Creek Zoning Map attached hereto and incorporated herein.

==> picture [276 x 439] intentionally omitted <==

(Ord. 373, §6(c), 2023)

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:

A.

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries;

B.

In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;

C.

In case any uncertainty exists, the planning commission shall determine the location of boundaries;

D.

Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property apply to such vacated or abandoned street or alley;

E.

Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property apply to such vacated or abandoned property; and

F.

All property in the city and all property hereafter annexed and pre-zoned upon annexation, shall be classified consistent with the land use diagram, Figure 4-1 the General Plan.

(Ord. 373, §6(d), 2023)

Except as hereinafter provided in Chapter 18.46, nonconforming buildings and uses:

A.

No building shall be erected, and no existing building be moved, altered, added to or enlarged, nor any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use specifically listed in this title or amendments thereto as permitted in the zones to which such land, building or premises is located;

B.

No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments thereto for the zone in which such building is located;

C.

No building shall be erected nor any existing building be moved, altered, enlarged or rebuilt nor any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto for the zone in which such building is located; and

D.

No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

In all R-3 zoning districts allowing residential development, the minimum density of residential units allowed for that zoning district shall be required per gross acre and such units shall be constructed as all or part of any proposed project, exclusive of any density bonuses or incentives mandated by state law to encourage affordable housing development, unless findings are made by the planning commission that the minimum density requirement cannot be met. Density ranges between districts shall be consecutive and there shall be no overlaps or gaps between districts.

(Ord. 330 §2, 2008; Ord. 373, §6(a, e), 2023)

18.12.060 - Transitional and supportive housing.

A.

Pursuant to Government Code Section 65583, supportive housing and transitional housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zoning district.

B.

Pursuant to Government Code Section 65651, permanent supportive housing shall be allowed, by right, in any mixed use and nonresidential zoning districts permitting multifamily uses."

(Ord. 373, §6(f), 2023)

18.12.065 - Low barrier navigation centers.

Pursuant to Government Code Section 65662, low barrier navigation centers shall be allowed by right in any mixed use and nonresidential zoning districts permitting multifamily uses."

(Ord. 373, §6(g), 2023)

No person shall keep or maintain more than four dogs or cats (a maximum of four animals) over four months of age.

(Ord. 373, §6(h), 2023)

Development within Safety Zones 5 and 6 identified in the Westover Field Airport Land Use Plan (ALUP) shall be reviewed by the City for compatibility with the ALUP and may be subject to Amador Airport Land Use Committee review.

(Ord. 373, §6(i), 2023)

Chapter 18.13 - RR ZONE—RESIDENTIAL RANCHETTE ZONING DISTRICT[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. 373, §7(a), adopted Oct. 16, 2023, amended the title of Ch. 18.13 to read as herein set out. The former Ch. 18.13 title pertained to A Zone—Agriculture.

The following regulations apply in the RR residential ranchette zone unless otherwise provided in this title.

(Ord. 373, §7(a), 2023)

The residential ranchette zoning district is designated for detached one-family dwellings on a minimum five-acre lots characterized by varying terrain.

(Ord. 373, §7(a, b), 2023)

18.13.020 - Permitted uses.

Uses permitted in the RR zone are:

A.

One detached one-family dwelling per lot or parcel;

B.

The accessory buildings necessary to such use located on the same lot or parcel of land including an attached or detached garage;

C.

Family food production plus the growing of fruits, flowers and vegetables, and related horticultural activities;

D.

Educational animal project;

E.

One horse, or one cow, or two rarities (ostrich or emu), or two llamas, or two sheep, or two goats for each two acres of lot area;

F.

Family daycare homes;

G.

Home occupations upon securing a home occupation use permit;

H.

Accessory dwelling units and junior accessory dwelling units pursuant to chapter 18.61;

I.

Employee housing for six or fewer employees; and

J.

Residential care facilities—small.

(Ord. 373, §7(a, c), 2023)

18.13.030 - Buildings—Height limitations.

Maximum building height in the RR zone shall be limited to two and one-half stories and shall not exceed thirty-five feet.

(Ord. 373, §7(a), 2023)

18.13.040 - Yard—Front.

There shall be a front yard of not less than thirty-five feet.

18.13.050 - Yard—Side.

There shall be a side yard of not less than twenty feet, except that on the street side of corner lots there shall be a side yard of not less than thirty feet.

18.13.060 - Yard—Rear.

There shall be a rear yard of not less than forty feet.

18.13.070 - Area requirements.

The minimum lot area shall be not less than five acres or two hundred seventeen thousand square feet.

(Ord. 373, §7(d), 2023)

18.13.080 - Buildings—Required distance between.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building. There shall be a minimum distance of six feet between accessory buildings.

18.13.090 - Buildings—Lot coverage.

Building lot coverage shall not exceed fifteen percent of the lot area.

(Ord. 373, §7(e), 2023)

18.13.100 - Animal standards.

A.

Number of animals permitted per parcel: No limit.

B.

Animals shall not be kept or maintained in pens, coops, corrals, barns or similar structures closer than one hundred feet from any property line.

Maximum development density shall be up to one unit per five acres.

• (Ord. 373, §7(f), 2023)

Chapter 18.14 - RE ZONE—RESIDENTIAL ESTATE

The following regulations apply in the RE residential estates zone unless otherwise provided in this title.

The residential estates zoning district is designated for detached one-family dwellings on larger lots characterized by varying terrain.

Uses permitted in the RE zone are:

A.

One detached one-family dwelling per lot or parcel;

B.

The accessory buildings necessary to such use located on the same lot or parcel of land including an attached or detached garage;

C.

Family food production plus the growing of fruits, flowers and vegetables, and related horticultural activities;

D.

Educational animal project;

E.

One horse, or one cow, or two ratites (ostrich or emu), or two llamas, or two sheep, or two goats for each two acres of lot area;

F.

Family daycare homes;

G.

Home occupations upon securing a home occupation use permit;

H.

Accessory dwelling units and junior accessory dwelling units pursuant to chapter 18.61;

I.

Employee housing for six or fewer employees; and

J.

Residential care facilities—small.

(Ord. 373, §8(a), 2023)

18.14.030 - Buildings—Height limitations.

Maximum building height in the RE zone shall be limited to two and one-half stories and shall not exceed thirty-five feet.

There shall be a front yard of not less than thirty-five feet.

There shall be a side yard of not less than fifteen feet except that on the street side of corner lots there shall be a side yard of not less than twenty feet.

There shall be a rear yard of not less than forty feet.

The minimum lot area shall be not less than forty thousand square feet.

(Ord. 373, §8(b), 2023)

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building. There shall be a minimum distance of six feet between accessory buildings.

Building lot coverage shall not exceed fifteen percent of the lot area.

Maximum development density shall be up to one unit per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints.

(Ord. 373, §8(c), 2023)

Chapter 18.15 - RL ZONE—RESIDENTIAL LOW DENSITY

The following regulations apply in the RL residential low density zone unless otherwise provided in this title.

The residential low density zoning district is designated for detached one-family dwellings on lots characterized by a suburban setting.

18.15.020 - Permitted uses.

Uses permitted in the RL zone are:

A.

One detached one-family dwelling per lot or parcel;

B.

The accessory buildings necessary to such use located on the same lot or parcel of land including an attached or detached garage;

C.

The non-commercial growing of fruits, flowers and vegetables, and related horticultural activities;

D.

Family daycare homes;

E.

Home occupations upon securing a home occupation use permit;

F.

Accessory dwelling units and junior accessory dwelling units pursuant to chapter 18.61;

G.

Employee housing for six or fewer employees; and

H.

Residential care facilities—small.

(Ord. 373, §9(a), 2023)

Maximum building height in the RL zone shall be limited to two and one-half stories and shall not exceed thirty-five feet.

There shall be a front yard of not less than thirty feet.

There shall be a side yard of not less than ten feet, except that on the street side of corner lots there shall be a side yard of not less than fifteen feet.

There shall be a rear yard of not less than twenty-five feet.

The minimum lot area shall be not less than twenty thousand square feet net.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building. There shall be a minimum distance of six feet between accessory buildings.

Building lot coverage shall not exceed thirty percent of the lot area.

(Ord. 373, §9(b), 2023)

Maximum development density shall be up to two units per acre (one unit per half acre), as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints.

(Ord. 373, §9(c), 2023)

Chapter 18.16 - R-1 ZONE—ONE FAMILY DWELLING

The following regulations apply in the R-1 one-family dwelling zone unless otherwise provided in this title.

The one family dwelling zoning district is designated for detached one-family dwellings on lots characterized by a full range of urban services and traditional residential subdivision design.

Uses permitted in the R-1 zone are:

A.

One detached one-family dwelling per lot;

B.

The accessory buildings necessary to such use located on the same lot including an attached or detached garage;

C.

Horticultural activities for personal use;

D.

Family daycare homes;

E.

Home occupations upon securing a home occupation use permit; and

F.

Accessory dwelling units and junior accessory dwelling units pursuant to chapter 18.61;

G.

Employee housing for six or fewer employees; and

H.

Residential care facilities—small.

(Ord. 373, §10(a), 2023)

Maximum building height in the R-1 zone shall be limited to two and one-half stories and shall not exceed thirty-five feet.

There shall be a front yard of not less than twenty-five feet.

There shall be a side yard of not less than five feet except that on the street side of corner lots there shall be a side yard of not less than twelve feet.

There shall be a rear yard of not less than fifteen feet

The minimum lot area shall be not less than seven thousand square feet per dwelling unit, provided, however, that when a lot has not less than five thousand square feet and was recorded at the time the passage of the ordinance codified herein, said lot may be occupied by not more than one dwelling unit. Existing lots of record with a minimum lot area less than five thousand feet may be developed with one dwelling unit upon securing a conditional use permit.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building. There shall be a minimum distance of six feet between accessory buildings.

Building lot coverage shall not exceed fifty percent of the lot area.

Maximum development density shall be up to 6.22 units per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints.

(Ord. 373, §10(b), 2023)

Chapter 18.20 - R-2 ZONE—TWO FAMILY DWELLING

The following regulations apply in the R-2 two-family dwelling zone unless otherwise provided in this title.

The two family dwelling zoning district is designated for detached one-family dwellings on smaller lots, duplex-type units, and zero lot line half-plex units.

18.20.020 - Permitted uses.

A.

Permitted uses in the R-2 zone include:

1.

A two-family dwelling on a single lot;

2.

A zero-lot line duplex with a half-plex unit on an individual lot;

3.

A detached one-family dwelling on a single lot;

4.

The accessory buildings necessary to such use, located on the same lot including an attached garage;

5.

Family daycare homes;

6.

Home occupations upon securing a home occupation use permit;

7.

Accessory dwelling units and junior accessory dwelling units pursuant to chapter 18.61;

8.

Employee housing for six or fewer employees; and

9.

Residential care facilities—small.

B.

Conditional uses in the R-2 zone shall include:

1.

Mobile home parks.

(Ord. 373, §11(a), 2023)

Building height in the R-2 zone shall be limited to two and one-half stories and shall not exceed thirty-five feet.

There shall be a front yard of not less than twenty feet.

There shall be a side yard of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet.

There shall be a rear yard-of not less than ten feet

The minimum lot area for a duplex shall be not less than three thousand five hundred square feet per halfplex unit (seven thousand square feet per duplex). The minimum lot area for a one-family dwelling shall be not less than five thousand square feet.

There shall be a minimum distance of ten feet between buildings used for dwelling purposes unless a zero lot line duplex is constructed which meets the area separation requirements of the California Building Code. There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building. There shall be a minimum distance of six feet between accessory buildings.

(Ord. 373, §2, 2023)

Building lot coverage shall not exceed seventy-five percent of the lot area.

Maximum development density shall be up to fifteen units per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints.

(Ord. 373, §1(1)b, 2023)

Chapter 18.28 - R-3 ZONE—MULTIPLE FAMILY DWELLINGS[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. 373, §13(a), adopted Oct. 16, 2023, amended the title of Ch. 18.28 to read as herein set out. The former Ch. 18.28 title pertained to R-4 Zone—Multiple Family Dwellings.

The following regulations apply in the R-3 multiple-family dwelling zone unless otherwise provided in this title.

(Ord. 373, §13(a), 2023)

The multiple family zoning district is designated for apartments, condominiums, and townhouse-type units to achieve higher density housing.

A.

Uses permitted in the R-3 zone are:

1.

Multiple family dwellings, apartment houses, condominiums, and townhouses;

2.

The accessory buildings necessary to such use located on the same lot or parcel of land including garages and carports;

3.

Home occupations upon securing a home occupation use permit;

4.

Family daycare homes;

5.

Farm worker housing;

6.

Residential care facilities (small and large);

7.

Transient occupancy buildings and board and rooming house;

8.

Transitional housing;

Permanent supportive housing that meets the criteria set forth in Government Code Section 65651 et seq.;

10.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 18.61; and

11.

Single room occupancy (SRO) dwellings.

B.

Permanent supportive housing projects that meet specific criteria specified in Article 11 (commencing with Section 65650), within Chapter 3 of Division 1 of Title 7 of the Government Code are allowed by right. All other supportive housing projects not meeting the criteria specified in Government Code Article 11 Section 65650 are subject to a conditional use permit.

(Ord. 330 §6, 2008; Ord. 373, §13(a, b), 2023)

Building height in the R-3 zone shall be limited to three stories and shall not exceed forty feet.

(Ord. 373, §13(a), 2023)

There shall be a front yard of not less than ten feet.

There shall be a side yard of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet.

There shall be a rear yard of not less than ten feet.

The minimum lot area shall be not less than three thousand five hundred square feet or one thousand square feet per dwelling unit.

(Ord. 373, §13(c), 2023)

There shall be a minimum distance of six feet between buildings used for dwelling purposes. There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

There shall be a minimum distance of six feet between accessory buildings.

Building lot coverage shall not exceed seventy-five percent of the lot area.

Maximum development density shall be sixteen to twenty-nine units per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints. See 18.62 regarding density bonus allocations.

(Ord. 373, §13(d), 2023)

Chapter 18.29 - PS ZONE—PUBLIC SERVICE

The following regulations apply in the PS public service zone unless otherwise provided in this title.

(Ord. 373, §14, 2023)

The public service district is designated for public service uses and facilities that are owned and operated by federal, state, or local government, public utilities, and special districts that provide governmental or public services.

(Ord. 373, §14, 2023)

Uses permitted in the PS zone shall include:

A.

Government offices;

B.

Schools;

C.

Cemeteries;

D.

Transit centers;

E.

Water or sewer treatment plants, pump station, and other utility buildings or structures;

F.

Fire stations and public safety training facilities; and

G.

Publicly owned and operated community meeting halls, conference halls, or other facilities open to and used by the general public.

(Ord. 373, §14, 2023)

Accessory facilities and uses that are permitted upon the granting of a conditional use permit in the PS zone shall be:

A.

Waste disposal or transfer sites;

B.

Public utility maintenance facilities and operation yards with outdoor storage of materials and supplies;

C.

Residential caretaker units, one unit per parcel; and

D.

Special large-assembly events.

(Ord. 373, §14, 2023)

18.29.030 - Buildings—Height limitations.

Building height for the PS Zone shall be limited to three stories and shall not exceed forty feet.

(Ord. 373, §14, 2023)

18.29.040 - Yard—Front.

Buildings shall be located at least ten feet from the front lot line.

(Ord. 373, §14, 2023)

Five feet or in conformance with the California Building Code.

(Ord. 373, §14, 2023)

18.29.060 - Yard—Rear.

There shall be a rear yard of not less than ten feet.

(Ord. 373, §14, 2023)

18.29.070 - Buildings—Required distance between.

None.

(Ord. 373, §14, 2023)

The minimum lot area shall be not less than seven thousand square feet.

(Ord. 373, §14, 2023)

18.29.090 - Buildings—Lot coverage.

Building lot coverage shall not exceed eighty-five percent of the lot area.

(Ord. 373, §14, 2023)

Chapter 18.30 - MH COMBINING ZONE—MANUFACTURED HOUSING COMBINING

The following regulations apply in the A, RE, RL, R1 and R-2 zones.

This chapter is designed to specify the criteria for the installation of manufactured homes within the city.

Manufactured homes are permitted within specified residential zones that allow a detached one-family dwelling, and under the following criteria:

A.

Manufactured homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 United States Code, Section 5401 et seq.);

B.

Manufactured homes must be placed on permanent foundations pursuant to a building permit issued by the city and pursuant to Section 18551 of the California Health and Safety Code;

C.

Electrical, gas, water and sewer service to the manufactured home must also be installed under a building permit issued by the city;

D.

Manufactured homes must adhere to the snow load, wind pressure, and building setback requirements of the city;

E.

No manufactured home shall be permitted which exceeds a period of ten years from the date of manufacture to the time of installation; and

F.

Siding material, roofing material and roof overhangs shall be consistent with similar conventionally

constructed homes in the vicinity, with roof eave and gable overhangs of not less than one foot, measured from the vertical side of the structure. Exterior covering material shall extend to the top of the concrete or masonry foundation.

(Ord. 373, §15(a), 2023)

A.

All manufactured homes shall undergo design review before obtaining design clearance; design clearance shall be required before the application(s) may be processed for permitting and/or before the proposed activity is commenced. The design review process is established in the design standards.

B.

Manufactured homes shall not be permitted within areas designated as "historic" or "historic corridor" on the general plan land use maps, or in areas which carry the HR (historic residential) combining zone designation as shown on the zoning map.

(Ord. 373, §15(b), 2023)

Chapter 18.32 - C-1 ZONE—LIMITED COMMERCIAL

The following regulations apply to the C-1 limited commercial zone unless otherwise provided in this title.

The limited commercial district is designed to provide office, medical, and convenient services and products to residents on a daily basis.

(Ord. 373, §16(a), 2023)

Uses permitted in the C-1 zone are:

A.

Any of the following uses:

1.

Bakeries;

2.

Day care center—adult (fourteen or fewer clients);

3.

Banks and automatic teller machines;

4.

Barber shops;

5.

Beauty shops;

6.

Book stores;

7.

Confectionery stores;

8.

Day care center—child (fourteen or fewer clients);

9.

Dental clinics or offices;

10.

Dressmaking or millinery shops;

11.

Drug stores;

Financial service offices;

13.

Fire stations and public safety training facilities

14.

Dry cleaning, pressing and laundry establishments using non-inflammable and non-explosive cleaning fluid;

Fitness/health studios, spas;

16.

Dry goods or notions stores;

17.

Sales and repair of electric appliances and electronic goods;

Florist shops;

Gift shops;

Grocery, fruit, and vegetable stores;

21.

Hardware stores;

Jewelry stores;

Live-work units;

Meat markets or delicatessen stores;

Medical clinics;

Medical and dental laboratories;

27.

Offices, professional;

28.

Photographic shops;

29.

Restaurants, tea rooms or cafés where all customers are served at a table or counter (excluding dancing, entertainment and sale of intoxicating liquors);

30.

Shoe stores or shoe repair shops;

31.

Stationery stores; and

32.

Tailoring, clothing or wearing apparel shops;

33.

Veterinarian clinics.

B.

The above specified businesses shall be professional offices or retail establishments permitted only under the following conditions:

1.

Such businesses shall be conducted entirely within an enclosed building. Businesses proposing outdoor uses shall do so only on application to and approval by the planning commission as a conditional use;

2.

Products made incidental to a permitted use may be sold at retail on the premises;

3.

All public entrances to such businesses shall be from the principal street upon which the property abuts, except that a rear or side entrance from the building to a public parking area may be provided;

4.

Refer to chapter 15.16 for signage requirements and chapter 13.12 for obstructions to public way requirements;

5.

The accessory buildings necessary to such use located on the same lot or parcel of land, including a storage building for the exclusive use of the patrons of the above stores or businesses;

6.

Day care center—adult, with fifteen or more clients, requires an application and approval by the planning commission as a conditional use; and

7.

Day care center—child, with fifteen or more clients, requires an application and approval by the planning commission as a conditional use.

C.

Any use conducted within a C-1 zone shall comply with the provisions of chapter 18.50, site plans.

(Ord. 373, §16(b), 2023)

Maximum building height in the C-1 zone shall be limited to three stories and shall not exceed forty feet.

(Ord. 373, §16(c), 2023)

All buildings shall be located at least ten feet from the front lot line; provided, that where existing buildings on sheets within a block average less than the required setback, the provisions of section 18.10.110 shall apply.

Five feet or in conformance with the California Building Code.

(Ord. 373, §2, 2023)

There shall be behind every building a rear yard having a minimum depth of ten feet. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of said alley.

Building lot coverage shall not exceed eighty-five percent of the lot area.

Maximum development density shall be sixteen to twenty-nine units per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints. See 18.62 regarding density bonus allocations.

(Ord. 373, §16(d), 2023)

Chapter 18.36 - C-2 ZONE—COMMERCIAL

The following regulations apply in the C-2 commercial zone unless otherwise provided in this title.

The commercial district is designed to provide retail commercial uses to insure the economic vitality of the community.

Uses permitted in the C-2 zone shall be:

A.

Any commercial use permitted in the C-1 zone;

B.

Any of the following uses:

1.

Retail or wholesale stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that not more than twenty-five percent of the floor area is used in the manufacture, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes;

Antiques and collectibles;

3.

Automobile, recreation vehicle, boat, and truck parking and storage ;

4.

Automobile service stations;

5.

Automobile and truck repair and renovation, body and fender works, painting, upholstering, and used parts storage, all when operated or maintained wholly within a building;

6.

Banks and automated teller machines;

7.

Bars and cocktail lounges;

8.

Billiard or pool halls or bowling centers;

9.

Bird stores or pet shops;

10.

Blueprinting and photostating shops;

11.

Books and media stores;

12.

Brewpubs;

13.

Cafes and coffee shops;

14.

Candy and confectionery stores;

Cleaning and pressing establishments using non-inflammable and nonexplosive cleaning fluid;

16.

Clothing and apparel stores;

17.

Conservatories of music;

Convenience stores;

Delicatessens and meat and food markets;

Department stores;

Drug stores;

22.

Dry cleaning, pressing and laundry establishments using non-inflammable and non-explosive cleaning fluid;

Electric appliances and electronic goods sales and repair;

Electronics store;

25.

Emergency shelters operated by a governmental agency or non-profit corporation having all approvals, licenses, and permits required by state or local law for such operations.

26.

Event venues;

Fabric and craft supply stores;

Fire stations and public safety training facilities;

Florist shops;

Funeral parlors;

Furniture stores;

Gas stations;

Gift shops; 34.

Grocery, fruit, and vegetable stores;

Hardware stores;

Hospitals;

Hotels, motels, motor inns, lodges, time share units, short-term rental units, and vacation rentals; 38.

Housewares and home decorating shops;

Jewelry stores;

Liquor stores;

Live-work units;

Music and vocal instructions;

Music stores;

44.

Nurseries, flowers or plants;

45.

Parking garages and lots, public or private;

46.

Personal storage warehouses ("mini-storage");

Plumbing shops;

48.

Printing, lithographing or publishing establishments;

Restaurants and restaurants with drive through services, ;

Self-service laundries or launderettes;

51.

Shoe stores or shoe repair shops;

Skating rinks;

Stationery stores;

Storage garages including repairing and servicing;

Studios;

Taxidermists;

Tea rooms;

Telephone public utility buildings;

59.

Theaters or auditoriums (except drive-in theaters);

60.

Trade schools;

Upholstery shops;

62.

Used car sale areas, providing that no repair or reconditioning of automobiles shall be permitted, except when enclosed in a building.

C.

For any use conducted within a C-2 zone, the following conditions shall apply:

1.

Such stores, shops and businesses shall be conducted entirely within an enclosed building. Businesses proposing outdoor uses shall do so only on application to and approval by the planning commission;

2.

Uses shall comply with the provisions of chapter 18.50, site plans.

3.

Business shall not be conducted from within a residential garage, shed, or temporary structure, without a use permit therefore having been first obtained from the city.

4.

Accessory buildings necessary to such use located on the same lot or parcel of land may be permitted.

5.

Refer to chapter 15.16 for signage requirements and chapter 13.12 for obstructions to public way requirements.

D.

Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities are required to identify a minimum of one zone that permits emergency shelters by right. Emergency shelters shall be allowed by right in the C-2 zone, subject to the following standards:

1.

No individual shall be denied emergency shelter because of an inability to pay.

2.

Emergency shelters shall be operated under the authority of a governing agency or private organization that provides, or that contracts to provide, emergency shelters and which, when required by law, is properly registered and licensed.

3.

Emergency shelters shall comply with applicable California Health and Safety Codes.

4.

Emergency shelters shall comply with all property development standards of the zone in which they are located, and, in addition, no emergency shelter shall be located within three hundred feet of another such facility, said measurement being defined as the shortest distance between the outside walls of such facilities.

5.

Parking shall be as required pursuant to chapter 18.48, off-street parking.

6.

Each emergency shelter shall include, at a minimum, the following:

a.

Interior and exterior lighting necessary for security, safety, and operational purposes shall conform to the California Code of Regulations Title 24 Parts 2, 2.5 and 6 or any successor provisions as applicable in effect at the time the application is deemed complete. Exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way;

b.

If client intake is to occur on site, there shall be an indoor client intake/waiting area equal to a minimum of ten square feet per bed provided at the facility. If an exterior waiting area is also provided, it shall be

enclosed or screened from public view and adequate to prevent obstructing of the public right-of-way and required parking and access;

c.

Clean, sanitary beds and sanitation facilities, including showers and toiletries; and

d.

Segregated sleeping, lavatory, and bathing areas if the emergency shelter accommodates both men and women in the same building. Reasonable accommodation shall be made to provide segregated sleeping, lavatory, and bathing areas for families.

e.

At least one facility manager shall be on site at all hours the facility is open and one hour prior to and after facility operating hours. At least one full-time equivalent employee shall be required to be on site during facility operating hours for every twenty beds in the facility.

7.

Emergency shelters may provide one or more of the following types of supportive facilities or services for the exclusive use or benefit of the shelter clients:

a.

Central cooking and dining room(s);

b.

Recreation areas, indoor and/or outdoors;

c.

Laundry facilities for clients to wash their clothes;

d.

Intake and administrative offices;

e.

Counseling and other supportive services; or

f.

Secure storage areas for bicycles and other personal possessions.

The agency or organization operating the shelter shall have a written facility management plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; training, counseling, and treatment programs for residents; and facility information, including the number of persons who can be served nightly, the location of on-site waiting and intake areas, the provision of on-site management, and on-site security during hours of operation, as established in Government Code Section 65583(a)(4)(A).

(Ord. 330 §5, 2008; Ord. 333 §2(Exh. A), 2010; Ord. 373, §17(a), 2023)

Building height for the C-2 zone shall be limited to three stories and shall not exceed forty feet.

All buildings shall be located at least five feet from the front lot line; provided, that where existing buildings on streets within a block average less than the required setback, the provisions of section 18.10.110 shall apply.

Five feet or in conformance with the California Building Code.

(Ord. 373, §2, 2023)

There shall be behind every building a rear yard having a minimum depth of ten feet. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of said alley.

Distance between buildings on the same lot in the C-2 zone shall be none, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

Building lot coverage shall not exceed eighty-five percent of the lot area.

Maximum development density shall be sixteen to twenty-nine units per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints. See 18.62 regarding density bonus allocations.

(Ord. 373, §17(a), 2023)

Chapter 18.38 - DTC ZONE—DOWNTOWN COMMERCIAL

The following regulations apply in the DTC downtown commercial zone unless otherwise provided in this title.

The downtown commercial district is designed to protect and enhance the district's attractive and historic quality as a living example of Mother Lode architecture.

Uses permitted in the DTC zone shall be:

A.

Retail commercial uses which are pedestrian-oriented and conducive to the historic vitality of the downtown area, including the following:

1.

Antiques and collectibles;

2.

Arts and handmade crafts, ceramics, furniture, glass, and textiles;

3.

Assembly, large events;

4.

Bakeries, employing not more than ten persons on the premises

5.

Banks/Automated teller machines;

6.

Barber shops;

7.

Bars and cocktail lounges;

8.

Beauty shops;

Books and media shops

Brewpubs;

Cafes and coffee shops;

Candy and confectioneries;

Clothing, apparel, hats, and shoes;

Delicatessens and meat and food markets;

Department stores;

Event venues;

Fabric and craft supply stores;

Fine art and photography;

19

Fitness/Health studios;

Florist shops;

Gifts, precious metals, and jewelry;

Grocery, fruit, and vegetable stores;

23.

Hardware stores;

24.

Hotel, motel, motor inns, lodges, time share units, short-term rental units, and vacation rentals;

25.

Housewares and home decorating shops;

26.

Live-work units;

27.

Meeting and gathering halls and rooms;

28.

Music and musical entertainment;

29.

Music and vocal instruction;

Outdoor retail sales;

31.

Parking garages and lots, public and private;

32.

Restaurants;

Shoe stores or shoe repair shops;

34.

Specialty foods, beer, wine, and spirits;

35.

Sports equipment sales and rentals;

Stationery stores;

Studios;

38.

Tailoring;

Tea rooms; and

Theaters or auditoriums (excluding drive-in theaters).

B.

Professional governmental and similar offices;

C.

Trailhead parking and preserve entrances, hiking trails, information booths, riding stables, public parks, and accessory recreational facilities;

D.

First and second-story residential uses, as allowed in section 18.28.020(A)(1)—(10), including studio apartments, and excluding boarding houses and transitional housing;

E.

Low barrier navigation centers;

F.

Conversion of residential dwellings to commercial uses upon securing a site plan permit pursuant to chapter 18.50;

G.

Any use conducted within the DTC zone shall comply with the provisions of chapter 18.50, site plans; and

H.

The above uses in conjunction with historic displays and exhibits.

(Ord. 373, §18(a), 2023)

The following special provisions apply within the DTC zone:

A.

All structures shall conform to the provisions of Chapter 3.0 of the City's Design Standards, Historic Districts Design Standards;

B.

All signage shall conform to the requirements of chapter 15.16, signs;

C.

Use of sidewalks and other public spaces shall conform to the requirements of chapter 13.13, obstructions to public ways;

D.

Required vehicle parking requirements shall conform to the provisions of chapter 18.48, off-street parking; and

E.

In compliance with section 18.48.030, a change in use requires the appropriate minimum requirement for off-street parking.

(Ord. 373, §18(b), 2023)

18.38.040 - Buildings—Height limitations.

Maximum building height in the DTC zone shall be limited to three stories and shall not exceed forty feet.

18.38.050 - Yard—Front.

All buildings shall be located at least ten feet from the front lot line; provided, that where existing buildings on streets within a block average less than the required setback, the provisions of section 18.10.110 shall apply.

Five feet or in conformance with the California Building Code.

(Ord. 373, §2, 2023)

There shall be behind every building a rear yard having a minimum depth of ten feet. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of said alley.

Building lot coverage shall not exceed ninety-five percent of the lot area.

Maximum development density shall be sixteen to twenty-nine units per acre, as established in City of Sutter Creek General Plan Land Use Element Table 4-3, and dependent upon site conditions and constraints. See chapter 18.62 regarding density bonus allocations.

(Ord. 373, §18(c), 2023)

Chapter 18.39 - MU ZONE—MIXED USE

The following regulations apply in the MU mixed-use zone unless otherwise provided in this title.

(Ord. 333 §2(Exh. A), 2010)

The mixed-use zone is designed to provide a vertical and horizontal integration of uses, including commercial, office, residential, hotels, motels, and time share units.

(Ord. 333 §2(Exh. A), 2010)

Uses permitted in the MU Zone shall be:

A.

Uses permitted on the first floor of a building include neighborhood commercial uses including, but not limited to:

1.

Banks and automatic teller machines;

2.

Bars and cocktail lounges;

Beauty shops;

4.

Book stores;

5.

Cafés, and coffee shops

Convenience stores;

7.

Dry cleaning and laundry;

Florist shops;

Gift shops;

Grocery stores; 11.

Real estate sales;

Restaurants;

Specialty clothing stores; and

Stationery stores;

B.

Uses permitted on the second or higher floor of a building include:

Residential uses, as allowed in section 18.28.020(A)(1)—(10);

2.

Low barrier navigation centers; and

3.

Business and professional offices.

C.

Uses permitted on the first and higher floors of a building include:

1.

Live-work units;

2.

Hotels and motels; and

3.

Time share, short-term rental, and vacation rental units.

D.

Any use conducted within the MUC zone shall comply with the provisions of chapter 18.50, site plans.

(Ord. 333 §2(Exh. A), 2010; Ord. 373, §19, 2023)

Building height for the MU zone shall be limited to three stories and shall not exceed forty feet.

(Ord. 333 §2(Exh. A), 2010; Ord. 373, §19, 2023)

Buildings shall be located at least ten feet from the front lot line.

(Ord. 333 §2(Exh. A), 2010)

Five feet or in conformance with the California Building Code.

(Ord. 333 §2(Exh. A), 2010; Ord. 373, §§2, 19(a), 2023)

There shall be a rear yard of not less than ten feet.

(Ord. 333 §2(Exh. A), 2010)

Minimum parcel or lot size is seven thousand square feet.

(Ord. 373, §19(b), 2023)

18.39.070 - Buildings—Required distance between.

None.

(Ord. 333 §2(Exh. A), 2010)

Building lot coverage shall not exceed fifty percent of the lot area.

(Ord. 333 §2(Exh. A), 2010; Ord. 373, §19(b), 2023)

Building floor area ration shall not exceed 2.50 for mixed-use buildings and 1.50 for all other buildings.

(Ord. 333 §2(Exh. A), 2010)

Maximum development density shall be eight units per acre, as established in the City of Sutter Creek General Plan Land Use Element Table 4-3 and dependent upon site conditions and constraints. See chapter 18.62 regarding density bonus allocations.

(Ord. 373, §19(c), 2023)

Chapter 18.40 - I-1 ZONE—LIGHT INDUSTRIAL

The following regulations apply in the I-1 light industrial zone unless otherwise provided in this title.

The I-1 district is designed to provide less intensive industrial and manufacturing uses, including such uses within a park or campus setting.

Uses permitted in the I-1 zone shall be:

A.

Any of the following uses:

Manufacturing, processing, or treatment of products that do not produce, cause, or emit fumes, odor, dust, smoke, gas, noise or vibrations which are or may be detrimental to properties in the neighborhood or to the welfare of the occupants thereof;

2.

Animal hospitals, kennels, and veterinaries;

3.

Automobile assembling, body and fender works, painting, upholstering, dismantling and used parts storage when operated or maintained wholly within a building;

4.

Bakeries;

5.

Blacksmith shops;

6.

Boat building;

7.

Bottling plants;

8.

Breweries;

9.

Building material storage yards;

10.

Cabinet or carpenter shops;

11.

Carpet, awning, blinds, or mattress upholstery shops including cleaning and repair;

Contractor's plants or storage yards;

Creameries;

14.

Distributing plants;

15.

Draying; freighting or trucking yards or terminals;

16.

Electric welding and electroplating;

Feed and fuel yards;

Frozen and refrigerated food lockers;

Fruit and vegetable canning, freezing, packing, and preserving plants;

Ice and cold storage plants;

Laboratories, experimental and the like;

Laundries, cleaning, and dyeing plants;

Lumber yards;

Machine shops (except punch presses of over twenty tons rated capacity, drop hammers, and automatic screw machines);

Meat packing and processing;

Motion picture studios;

27.

Paint mixing plants (not employing a boiling process);

28.

Personal storage warehouses (mini-storage);

29.

Public utilities buildings and service yards, distributing stations, and electric transmission substations;

30.

Residential caretaker units, limited to one caretaker unit per parcel;

31.

Rubber fabrication or products made from finished rubber;

32.

Sheet metal shops;

33.

Stone monument works;

34.

Storage spaces for transit and transportation equipment;

35.

Trade schools;

36.

Upholstery shops;

37.

Used car sales areas;

38.

Vehicle repairing and overhauling shops;

Vehicle storage (cars, trucks, boats, and RVs);

Wholesale businesses, storage buildings and warehouses;

41.

Manufacture of:

a.

Billboards and advertising structures, electric or neon signs,

b.

Ceramic products;

c.

Clothing or garments;

d.

Cosmetics, perfume and toiletries, drugs, and pharmaceuticals;

e.

Electronic components, instruments, and devices;

f.

Food products (except the rendering or refining of fats or oils);

g.

Furniture;

h.

Musical instruments and toys;

i.

Shoes;

j.

Soap (cold mix only);

k.

Textiles; and

l.

Manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, clay, cloth, cork, felt, feathers, fiber, fur, glass, hair, horn, leather, metal, rubber, semiprecious metals or stones, shell, textiles, tobacco, wood, yard, and paint not employing a boiling process.

B.

Accessory buildings necessary to such use located on the same lot or parcel of land may be permitted.

C.

Any use conducted within the I-1 zone shall comply with the provisions of chapter 18.50, site plans.

D.

Industrial parks or research and development campuses may be conditionally permitted and shall include low-rise structures limited to two stories not to exceed thirty-five feet, with landscaped or open space areas.

(Ord. 373, §20(a), 2023)

Maximum building height in the I-1 zone shall be limited to four stories and shall not exceed fifty feet.

All buildings shall be located at least twenty-five feet from the front lot line.

Side yard in the I-1 zone shall be ten feet.

Rear yard in the I-1 zone shall be twenty feet.

Area requirements for the I-1 zone shall be a minimum lot size of seven thousand square feet.

Required distance between buildings on the same lot for the I-1 zone shall be ten feet.

Building lot coverage shall not exceed ninety percent of the lot area.

Chapter 18.41 - I-2 ZONE—HEAVY INDUSTRIAL

The following regulations apply in the I-2 heavy manufacturing zone unless otherwise provided in this title.

The I-2 district is designed to accommodate intensive industrial and manufacturing uses, including such uses that require outdoor operations or need to be protected from land use conflicts.

Uses permitted in the I-2 zone shall be:

A.

Any of the following uses:

1.

Canning and processing plants;

2.

Aircraft and automobile factories;

3.

Iron, steel, brass or copper foundries or fabrication plants and heavyweight casting;

4.

Planing mills, lumber mills and similar processes;

5.

Power plants, including co-generation plants;

6.

Tire recapping and retreading plants;

7.

Truck and trailer repairing and overhauling shops;

8.

Manufacture of prefabricated buildings;

9.

Manufacture of batteries.;

Construction material sales yards including the manufacture of material such as concrete and asphalt and the storage of aggregate; and

11.

Warehousing and storage, including construction material and equipment storage, public utilities materials and equipment storage, and public storage of vehicles, RVs, boats, and trailers.

B.

Accessory buildings necessary to such use located on the same lot or parcel of land may be permitted.

C.

Any use conducted within the I-2 zone shall comply with the provisions of chapter 18.50, site plans.

(Ord. 373, §21(a, b), 2023)

Maximum building height in the I-2 zone shall be limited to four stories and shall not exceed fifty feet.

18.41.040 - Yard—Front.

All buildings shall be located at least twenty-five feet from the front lot line.

18.41.050 - Yard—Side.

Side yard in the I-2 zone shall be ten feet.

18.41.060 - Yard—Rear.

Rear yard in the I-2 zone shall be ten feet.

Area requirements for the I-2 zone shall be a minimum lot size of forty thousand square feet.

18.41.080 - Buildings—Required distance between.

Required distance between buildings on the same lot for the I-2 zone shall be ten feet

Building lot coverage shall not exceed ninety percent of the lot area.

Chapter 18.42 - PD COMBINING ZONE—PLANNED DEVELOPMENT COMBINING

18.42.010 - Regulations designated.

The following regulations apply in the PD (planned development) combining zone unless otherwise provided in this title.

Combined with districts now existing or which may hereafter be created, it is intended to permit, on application and approval of detailed site, use, and building plans, creation of new planned development districts for purposes where parcels suitable in location and character for the uses and structures proposed are to be planned and developed as units. In view of the substantial public advantages of a

comprehensively planned approach to land development it is the intent of this chapter to promote and encourage development in this form where appropriate in location and character.

Uses permitted by right are all of the uses allowed in the underlying zone with which the planned development zone is combined. Additional uses consistent with the general plan may be included as approved by the planning commission.

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

No PD combining zone shall be designated for an area of less than one acre.

PD combining zones may be established or removed from the zoning map by the city council upon recommendation by the planning commission and consistent with the general plan land use map. Any development in a PD combining zone shall be subject to the requirements of this chapter and shall be in conformity with the requirements of the development plan adapted for such PD combining zone.

Prior to commencing a development project within a PD combining zone, a development plan for each parcel of land shall be approved by the planning commission.

A.

The development plan submittal shall include:

1.

A map showing any street system and lot design proposed within the zone. Any areas proposed for parks, 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. A plot plan shall show the approximate location of all proposed buildings, indicating maximum and minimum distances between buildings and property or building site lines.

3.

Elevations and/or perspective drawings showing the front or primary facade of each proposed structures except single-family residences. 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 the architectural style of the proposed structures and to demonstrate 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 community development director and/or planning commission, 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 site, and to and from adjacent 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 site along with a preliminary grading plan; and

e.

An economic feasibility report or market analysis.

A.

A PD development plan application 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.

B.

From time to time, the planning commission shall compare the actual development accomplished in the development project with the approved development schedule.

C.

If the owner or owners of property under a PD development plan have failed to meet the approved development schedule, the commission shall initiate proceedings under section 18.06.120 to repeal the development plan.

D.

Upon request of the property owner and for good cause shown, the planning commission may extend the time limits of the development schedule as provided in section 18.06.100.

Public hearings conducted for the purpose of consideration of a PD development plan shall be done in accordance with the procedures set forth in Chapter 18.06.

Establishment of procedures and requirements for the consideration of development agreements may be promulgated by the city council pursuant to Section 65864 et seq. of the Government Code.

Chapter 18.43 - OS ZONE—OPEN SPACE

The following regulations apply in the OS open space zone unless otherwise provided in this title.

(Ord. 333 §2(Exh. A), 2010)

The open space district is designed for the protection and preservation of oak woodland habitat and a broad range of wildlife species; oak woodlands, wetlands, and wildlife habitat mitigation; and passive recreational uses such as hiking and picnicking.

(Ord. 333 §2(Exh. A), 2010)

Uses permitted in the OS zone shall be:

A.

Environmental preservation;

B.

Environmental mitigation;

C.

Trailhead parking at preserve entrances;

D.

Hiking trails;

E.

Information booths; and

F.

Buildings for storage of equipment and materials necessary for the maintenance of on-site trails, information booths, signage, and mitigation areas.

(Ord. 333 §2(Exh. A), 2010)

18.43.030 - Buildings—Height limitations.

Building height for the OS zone shall be limited to two stories and shall not exceed twenty-five feet.

(Ord. 333 §2(Exh. A), 2010)

18.43.040 - Yard—Front.

There shall be a front yard of not less than twenty-five feet.

(Ord. 333 §2(Exh. A), 2010)

18.43.050 - Yard—Side.

There shall be a side yard of not less than twenty-five feet.

(Ord. 333 §2(Exh. A), 2010)

18.43.060 - Yard—Rear.

There shall be a front yard of not less than twenty-five feet.

(Ord. 333 §2(Exh. A), 2010)

18.43.070 - Buildings—Required distance between.

There shall be a minimum distance of one hundred feet between buildings.

(Ord. 333 §2(Exh. A), 2010)

18.43.080 - Buildings—Lot coverage.

Building lot coverage shall not exceed one percent of the lot area.

(Ord. 333 §2(Exh. A), 2010)

18.43.090 - Buildings—Maximum area.

Building area shall not exceed three thousand square feet.

(Ord. 333 §2(Exh. A), 2010)

18.43.100 - Lot—Minimum width.

There shall be a minimum lot width of not less than one hundred feet.

(Ord. 333 §2(Exh. A), 2010)

18.43.110 - Lot—Minimum depth.

There shall be a minimum lot depth of not less than one hundred feet.

(Ord. 333 §2(Exh. A), 2010)

Chapter 18.44 - R ZONE—RECREATION

18.44.010 - Regulations designated.

The following regulations apply in the R recreation zone unless otherwise provided in this title.

(Ord. 333 §2(Exh. A), 2010)

18.44.015 - Purpose.

The recreation district is designated for recreation uses and associated amenities that serve residents and visitors.

(Ord. 333 §2(Exh. A), 2010)

18.44.020 - Permitted uses.

Uses permitted in the R zone shall include:

A.

Gold course;

B.

Athletic fields, excluding stadiums;

C.

Tennis, racquetball, and other similar facilities;

D.

Swimming facilities;

E.

Riding stables;

F.

Public parks; and

G.

Accessory facilities and uses, including:

1.

Driving range;

2.

Clubhouses;

3.

Locker and shower facilities;

4.

Equipment maintenance and storage;

5.

Storage of herbicides and pesticides for maintenance; and

6.

Reclaimed water storage and disposal.

(Ord. 333 §2(Exh. A), 2010)

18.44.025 - Conditional uses.

Accessory facilities and uses that are permitted upon the granting of a conditional use permit in the R zone shall be;

A.

Bars;

B.

Restaurants; and

C.

On-site sales and rental of sports equipment.

D.

One residential caretaker unit per permitted use.

(Ord. 333 §2(Exh. A), 2010; Ord. 373, §22, 2023)

18.44.030 - Buildings—Height limitations.

Building height for the R zone shall be limited to three stories and shall not exceed thirty-five feet.

(Ord. 333 §2(Exh. A), 2010)

The minimum lot area shall be not less than seven thousand square feet.

(Ord. 333 §2(Exh. A), 2010)

18.44.050 - Buildings—Lot coverage.

Building lot coverage shall not exceed fifty percent of the lot area.

(Ord. 333 §2(Exh. A), 2010)

18.44.060 - Floor area ratio.

Building floor area ratio shall not exceed 0.50.

(Ord. 333 §2(Exh. A), 2010)

Chapter 18.45 - DESIGN STANDARDS

The purpose and intent of this chapter is to establish design standards that shall apply city-wide for preservation of the historic image of the City of Sutter Creek, together with an application review process to facilitate implementation of said standards.

(Ord. 360 §4, 2015)

The city council adopted design standards by Resolution 15-15-13 that are utilized in determining whether construction and development proposals are consistent with the adopted aesthetic and preservation goals of the city. The design standards include criteria for those aspects of structure and site design deemed important by the city council. The standards shall be made available to assist property owners, architects, contractors, and realtors in complying with this chapter.

(Ord. 360 §4, 2015; Ord. 373, §23(a), 2023)

A.

The design standards apply to every project in the city that requires either a building permit or a planning entitlement, or both, including each of the following: new construction; alterations to the exterior of an existing structure; repair of exterior features on an existing structure; additions to the exterior of an existing structure; moving an existing structure; demolition of an existing structure; and new subdivisions. In addition, within the Main Street historic district, these design standards also apply to the repair, maintenance, and painting of existing structures and facilities when neither a building permit nor planning entitlement is required. The design elements of each project (including site design, architecture, landscaping, signs, parking design) will be reviewed on a comprehensive basis.

B.

The review authority may interpret the design standards on a case-by-case basis by applying flexibility in their application to specific projects, as not all design criteria may be workable or appropriate for every project, as established in section 1.3.3 of the design standards. The overall objective is to ensure that the intent and sprit of the design standards are implemented.

(Ord. 360 §4, 2015; Ord. 373, §23(b), 2023)

The city council shall establish a design review committee (DRC) to make determinations and/or recommendations to the community development director and the planning commission with respect to a project's level of compliance with the design standards. The design review committee shall consist of five members appointed to three-year overlapping terms by the city council. All meetings of the committee shall be conducted in accordance with the open meeting laws of the State of California and such rules of procedure as the committee may establish for the conduct of its business.

(Ord. 360 §4, 2015; Ord. 362 §1, 2016)

For those areas of the city which due to their historical, economic or cultural significance, require special considerations to preserve or enhance existing structures and develop new structures as a community resource, historic districts shall be created and defined by the design standards. The design standards shall establish for the historic districts special standards designed to encourage and ensure preservation of each district's unique historic aesthetic and cultural resources.

(Ord. 360 §4, 2015)

All projects for activities to which this chapter applies shall undergo design review before obtaining design clearance; design clearance shall be required before the application(s) may be processed for permitting

and/or before the proposed activity is commenced. The design review process is established in section 1.4 of the design standards.

Any decision made by city staff may be appealed to the design review committee, and any decision made by the design review committee may be appealed to the planning commission. Decisions made by the planning commission may be appealed to the city council in accordance with chapter 2.53 of this Code.

(Ord. 360 §4, 2015; Ord. 362 §2, 2016; Ord. 373, §23(c), 2023)

Applicants for design clearance shall provide to the city information sufficient for determining consistency with the design standards. The city will provide forms listing the information required for each type of design clearance.

Additional information may be needed to evaluate certain types of projects. It shall be the responsibility of the applicant to provide any and all information and data deemed necessary by the city to evaluate the project's level of compliance with the design standards.

(Ord. 360 §4, 2015)

Chapter 18.46 - NONCONFORMING BUILDINGS AND USES

The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of this revised ordinance codified in this title:

A.

Any such nonconforming building or structure may be continued provided that such buildings and structures meet the safety requirements of the California Building Code, and there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other sections of this title;

B.

Any such nonconforming commercial or industrial use may be continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title;

C.

Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use;

D.

Any part of a building, structure or land occupied by a nonconforming use, which use is abandoned or discontinued for a period of two years or more, shall not again be used or occupied for a nonconforming use;

E.

The foregoing provisions of this section also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title, provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures or uses, said period shall be computed from the date of such reclassification or change; and

F.

The foregoing provisions of this section shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of property so used.

(Ord. 373, §2, 2023)

Any building or structure, for which a building permit has been issued prior to the effective date of this revised ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty days after the issuance of said permit and diligently prosecuted to completion.

Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title wherein the expense of such construction does not exceed one hundred percent of replacement value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one building permit started within a period of one year from date of damage and diligently prosecuted to completion. The provisions of this section shall not apply to public utility buildings and structures.

The provisions of this title apply to uses which become nonconforming by reason of any amendment to the ordinance codified in this title, as of the effective date of such amendment.

Chapter 18.47 - SPECIAL EVENTS

18.47.010 - Special event use.

A.

Upon receipt of a completed application for a special event permit, the city manager or their designee shall determine if the proposed use requires "administrative review" or "city council review." The following criteria shall be considered by the city manager or their designee for such a determination:

1.

Parking (e.g., adequacy of number, location, circulation design, safety, etc.);

2.

Frequency (e.g., possible conflicts with other activities within the community);

3.

Nuisance issues (e.g., dust, noise, odor, etc.);

4.

Circulation (e.g., assurance of pedestrian and vehicular circulation safety);

5.

Public safety (e.g., assurance of providing and maintaining open fire lanes, providing on-site security personnel and on-site emergency care service);

6.

Lighting (e.g., assurance of adequate on-site lighting and limiting off-site light and glare);

7.

Attendance (e.g., number of attendees will affect public safety requirements, adequate number of restroom facilities, as well as many of the other listed criteria);

8.

Clean-up (e.g., assure removal of temporary structures, equipment, debris, etc.);

9.

Duration (e.g., assure appropriate hours of operation and length of the event);

10.

Location (e.g., assure compatibility with surrounding land uses and adequacy of pedestrian and vehicular access);

11.

Signage (e.g., assure size and location that does not obstruct required visibility at driveway locations);

Public notice (e.g., assure standard public noticing of the event where wider impacts to the community may be involved);

13.

Other (e.g., criteria that may be unique to the proposed special event).

B.

The director shall notify the applicant of his/her determination within five working days of receiving a completed application.

(Ord. 373, §24, 2023)

The city manager or their designee shall prescribe the forms and documents to be filed for a special event permit. The forms and documents shall be filed with the city manager or their designee and accompanied, as required, by the following:

A.

A description of the site which may include a map drawn to scale showing lot lines and dimensions, ingress and egress points, improved areas, grading plans, parking, traffic control locations and a description, including location, of all signs;

B.

A fee as specified in the current city council fee resolution;

C.

Written authorization of the subject property owner or his/her designated representative agreeing to the special event;

D.

The names and mailing addresses of the property owners as shown on the last county equalized assessment roll for properties within three hundred feet of the special event site;

E.

A written explanation of the nature and duration of the special event;

F.

Such additional information as the city manager or their designee may require.

(Ord. 373, §24, 2023)

A.

Upon determination that the application will be processed as administrative review, the city manager or their designee shall review the application for its compliance with section 17.46.060. The city manager or their designee shall have the authority to, and shall take action to grant, grant with conditions, or deny the application based on the information contained in the application and any information obtained from the staff review of the project. The city manager or their designee shall render his/her decision in writing, setting forth the findings of fact supporting the decision, and shall serve the applicant with the written decision within ten days of the city manager or their designee 's determination. The decision is subject to a ten-day appeal period, and shall not become final until such time has expired.

The city manager or their designee may act on the application without initial prior notice to adjoining owners of property affected by the special event permit and without a hearing. If the city manager or their designee grants or conditionally grants the special event permit, he/she shall give notice of the action to those persons who would have received notice of a hearing before the planning commission had the application been for a conditional use permit. Such notice shall specify that any interested person, other than the applicant, may appeal the action of the city manager or their designee in the manner provided by section 18.50.080.

B.

For special events determined by the city manager or their designee to require city council review, a noticed public hearing shall be held by the city council. Noticing shall be consistent with the requirements of chapter 18.06. The notice shall include a description of the proposed use and its location, and the date, hour and place of the hearing. At the conclusion of the hearing, the city council shall grant, grant with conditions, or deny the application. The decisions of the city council shall be in writing, setting forth the findings of facts supporting the decision, and shall be served on the applicant within ten days.

(Ord. 373, §24, 2023)

Chapter 18.48 - OFF-STREET PARKING

For each dwelling, multiple dwelling, business or industrial establishment or other structure hereafter erected, there shall be provided and maintained off-street parking facilities to accommodate the motor vehicles used by the occupants' customers, clientele and employees of such dwelling, multiple dwelling, business or industrial establishment or structure. The aggregate amount of parking space for each type of use shall be not less than that stated in the following.

In the event that the required parking cannot be provided for each type of use, the in-lieu parking provisions as specified in Chapter 15.28 can be utilized.

Each type of use shall provide the minimum number of off-street parking spaces as follows:

(Ord. 333 §2(Exh. A), 2010)

In calculating the number of parking spaces by land use, partial totals shall be rounded up to the next full space.

As an alternative for special situations not addressed in section 18.48.030, required parking may be provided based on the occupant load as specified in the California Building Code. The required number of spaces shall be the occupant load divided by four.

(Ord. 373, §2, 2023)

Unless otherwise superseded by development standards adopted by the city, the following standards shall apply to off-street parking:

A.

Disabled/handicapped parking spaces and accessible path of travel shall be provided as required by the Americans with Disabilities Act and Title 24 of the California Administrative Code.

B.

Parking areas shall provide suitable maneuvering room so that vehicles enter and leave a parking lot in a forward direction.

C.

The minimum parking stall dimensions shall be eighteen feet long and nine feet wide, except for parallel parking stalls which shall be at least twenty-four feet long.

D.

The minimum aisle width shall be twelve feet per travel lane.

E.

All parking spaces, aisles, approach lanes and maneuver areas shall be paved with asphaltic concrete or concrete and shall be clearly marked with directional arrows and lines.

F.

Parking lots shall have a maximum slope of five percent measured in any direction.

G.

Tandem parking may be allowed to satisfy off-street parking requirements for single-family dwellings, duplexes, second unit dwellings, and bed and breakfast inns.

(Ord. 373, §25(a), 2023)

On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying materials or merchandise, there shall be provided and maintained on the lot adequate loading services in order to avoid undue interference with the pubic use of the streets or alleys. Required loading space may be included within the required parking space adjacent to a building.

A.

Nothing in this title shall prohibit the collective use of space for off-street parking, provided such collectively used space is equal to the sum of the requirements of each individual establishment participating in such collective use.

B.

When the required off-street parking space is provided on a separate lot from the main building, there shall be recorded in the office of the county recorder a covenant by the owner or owners of said lot for the benefit of the city to the effect that such owner or owners will continue to maintain such parking space as long as said building is maintained.

C.

Neither a required side yard abutting a street nor a front yard, shall be considered when calculating offstreet parking requirements. (Refer also to section 18.10.090.)

A.

The city may authorize the joint use of parking facilities for uses or activities if it finds the criteria listed below are met. The amount of parking spaces required shall be based on the criteria met by the proposed project. In no case shall the parking requirements be reduced where, based on substantial evidence, there is insufficient off-street parking to meet the needs of the neighborhood.

1.

The normal hours of operation of such uses or activities do not substantially coincide or overlap with each other; or,

2.

Transit alternatives are available near the development; or,

3.

For mixed-use developments, residential and commercial parking demand often occurs at different times of the day.

B.

Joint use parking shall be subject to the following limitations and conditions:

1.

No more than fifty percent of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

The applicant shall submit sufficient data to indicate that there is not substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities.

3.

The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the city attorney as to form and content guaranteeing that said required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this chapter. Such instrument, when approved as conforming to the provisions of this section, shall be recorded by the property owner in the office of the county recorder and a copy thereof filed with the planning department.

(Ord. 333 §2(Exh. A), 2010)

Chapter 18.49 - TELECOMMUNICATION AND ELECTRICAL GENERATING TOWERS

This chapter establishes standards for the development and operation of telecommunication and electrical generating towers.

Except as may be mandated by federal law this chapter applies to all telecommunication towers including cellular wireless communications towers, single pole/tower amateur radio antennas, and television and radio broadcasting towers; and to all electrical generating towers including tower-mounted solar arrays and wind turbines.

A conditional use permit is required for all telecommunication towers and electrical generating towers pursuant to Chapter 18.60.

In reviewing proposals for telecommunications and electrical generating towers, the planning commission shall apply the following standards:

A.

Sites shall be limited to commercial and industrial zoning districts;

B.

Towers, antennas, satellite dishes, and appurtenant equipment shall not be located within any front yard setback or street side yard setback;

C.

The owner and/or operator of the facility shall operate and maintain such facilities in a clean, safe, and attractive condition at all times;

D.

In conjunction with issuance of the conditional use permit, permitee shall provide a performance bond or cash equivalent equal to one hundred percent of the city's estimated cost for removal of the facility. Said bond amount may be revised periodically by the city, and the bond may be utilized by the city in the event that permitee fails to remove the facility; and

E.

Unused and/or obsolete equipment and towers shall be removed from the site within six months after their need has ceased, or the city may, after notice and hearing, remove the equipment and towers and place a lien on the land to recover reasonable cost of removal.

F.

The height of towers shall be limited as specified in section 18.10.050.

In evaluating proposed towers, the planning commission shall consider the following design criteria:

A.

Sites should be selected according to the following order of preference:

1.

In locations where topography, vegetation and other natural features provide the greatest amount of screening;

2.

On existing structures that lend themselves to tower-mounted equipment (such as water towers, church steeples, light poles, head frames, and the like); and

3.

Within industrial areas in which existing structures provide a visual buffer from adjacent areas.

B.

Preference should be given to co-location with other similar facilities;

C.

Equipment and supporting structures should be painted a single, neutral, non-glossy color, preferably earth-tones;

D.

Electrical and equipment wiring should be placed underground; and

E.

Monopole towers should be given preference over lattice towers.

In addition to the application information required for conditional use permits pursuant to Chapter 18.60, the following additional information shall be provided for any telecommunications or electrical generation tower:

A.

Alternate Site and Network Analysis. The applicant shall submit documentation that all potential alternative sites have been explored and analyzed, including co-location sites;

B.

Photo Simulation. Photo simulations of the proposed facility from all relevant viewsheds, roadways, and neighboring properties shall be submitted; and

C.

Airport Safety Zone. A clearance letter from the airport land use commission shall be submitted.

A.

Satellite antennas utilized for residential use, including portable units and dish antennas, shall be designed, installed and maintained in compliance with Federal Communications Commission and California Public Utilities Commission regulations.

B.

All such antennas and satellite dishes shall not be installed within the front yard setback, the side yard setback, or the street side yard setback.

C.

If compliance with these requirements would result in no or poor satellite reception, the location may be modified upon application to and approval by the planning commission.

Chapter 18.50 - SITE PLANS

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.

A.

Provisions of this chapter shall apply to the R-3, C-1, C-2, DTC, MUC, I-1, and I-2 zones.

B.

No building shall be constructed, reconstructed, rehabilitated or demolished on a parcel unless in compliance with all site plan requirements of this chapter.

(Ord. 373, §26(a), 2023)

A site plan drawn accurately to scale and showing the proposed development of the entire buildable lot shall be submitted, and shall include, but not be limited to, the following information:

A.

The location of all existing and proposed structures on the property together with their dimensions, distance between structures and setback distances from property lines;

B.

Approximate location of all streams, drainage channels, and/or bodies of water and an approximate indication of slope and elevations of the property;

C.

Names, locations, and widths of all existing and proposed streets and rights-of-way on or near the property;

D.

Proposed type and location of driveways, parking areas, curbs, gutters and sidewalks, solid waste enclosures, fences, landscaping, and signage consistent with city standards;

E.

Location of water, sewer, electrical, natural gas and storm drainage facilities to serve the proposed structure(s);

F.

The relationship of the proposed structure(s) to the existing buildings and structures in the immediate vicinity; and

G.

Exterior front elevation of each proposed buildings along with building height dimensions, type, color and pitch of roof, and exterior building materials and colors.

Application for site plan review shall be filed with the city office on a form furnished by said office, accompanied by twenty full scale copies of the site plan and related drawings along with one 8.5″ × 11″ reduction of the site plan, and a fee as adopted by resolution of the city council. The site plan and related drawings may be prepared by the applicant or the applicant's representative, and shall be made clear and legible, and drawn to scale.

Site plans may be approved by the community development director following public notice and hearing as specified in Chapter 18.06, or referred to the planning commission for notice and hearing.

The community development director, on the basis of the information submitted by the applicant, and evidence submitted at the hearing, may approve site plans as provided by this chapter when the following findings can be made:

A.

The proposed site development is essential or desirable to the public convenience or welfare;

B.

The proposed site development will not impair the integrity and character of the area in which it is located, or the zoning district;

C.

The proposed site development will insure that adequate public utilities and services are provided so that the project would not be detrimental to public health, safety, or general welfare;

(Ord. 373, §26(b), 2023)

In approving a site plan, the community development director is limited to applying standards and requirements to the permit as codified in the Municipal Code, including City Improvement Standards.

Decisions made by the community development director may be appealed to the planning commission pursuant to Chapter 18.06 of this title.

It is not possible to anticipate all situations that may arise or to prescribe standards applicable to every situation. Therefore, the community development director shall have the authority to approve exceptions to the strict application of applicable city codes and standards where the following findings can be made:

A.

The proposed project substantially complies with applicable city standards; and

B.

Allowing such an exception will result in an environmentally and/or aesthetically superior project than would have otherwise been authorized.

Chapter 18.52 - VARIANCES

The following regulations apply to the granting of variances.

When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this title occur by reason of a strict interpretation of any of the provisions of this title, the planning commission upon its own motion may, or upon the verified application of any interested person shall, in specific cases initiate proceedings for the granting of a variance from the provisions of this title under demonstrated unique hardships which insure that the spirit and purposes of this title will be observed, public safety and welfare secured, and substantial justice done. All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or map.

Before a variance may be granted, all of the following shall be shown:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;

B.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located;

C.

That the property owner would suffer a unique hardship under the general zoning regulations due to the property being different from other properties to which the regulations apply;

D.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity; and

E.

That the granting of such variance will not adversely affect the comprehensive general plan.

Applications for variances shall be accompanied by:

A.

A plot plan and description of the property involved showing the location of all existing and proposed buildings, additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission;

B.

A reference to the provisions of the ordinance from which said property is sought to be exempted.

The planning department shall review the application and prepare a staff report for action by the appropriate legislative body.

(Ord. 373, §27(a), 2023)

The planning department shall cause to be made or by members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous actions of the legislative bodies.

(Ord. 373, §27(b), 2023)

The application shall be set for hearing and properly noticed as specified in Chapter 18.06.

Chapter 18.54 - ZONE CHANGES

The following regulations apply to the granting of zone changes.

18.54.020 - Amendments and changes of zone boundaries.

A.

Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, the planning commission may recommend to the city council upon its own motion or upon the verified application of any interested person, proceedings to amend, supplement or change the zones, regulations, or districts established by this title.

B.

Amendments changing property from one zone to another, or changing the boundary of any zone, or any text amendments made to this title, may be made in the same manner as the ordinance codified in this title was adopted.

(Ord. 373, §28(a), 2023)

The planning department shall review the application and prepare a staff report for action by the appropriate legislative body.

(Ord. 373, §28(b), 2023)

The planning department shall cause to be made such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with the land use element of the general plan.

(Ord. 373, §28(c), 2023)

The application shall be set for hearing and properly noticed as specified in Chapter 18.06.

18.54.060 - Final actions.

A.

Within ten calendar days after final action by the planning commission on an application for amendments or changes of zone boundaries its recommendations together with the administrative record shall be delivered to the city council.

B.

The city council after receipt of the report and recommendation from the planning commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearings by the planning commission. The recommendation of the planning commission shall be considered by the city council.

C.

No permit or license shall be issued for any use involved in an application for a change of zone until same shall have become final by the adoption of an ordinance.

Chapter 18.56 - ZONING UPON ANNEXATION

A.

In any petition for the annexation of property to the city, the petitioner shall request prezoning consistent with the land use element of the general plan, or shall file a general plan amendment application along with the annexation petition.

B.

The planning commission shall conduct a public hearing to consider the petition for annexation and for prezoning the property as requested by the petitioner. Upon completion of the hearing, the planning commission shall make its recommendation to the city council by resolution. The recommendation of the planning commission shall be considered by the city council.

C.

Said notice of pre-zoning shall be consolidated with a notice required for annexation of property to the city, and shall comply with the law for the requirements of both notices of annexation and for zoning.

D.

Upon the hearing of the proposal to annex and zone, in addition to the ordinance for annexation, the city council shall zone the property in the manner required by law, pursuant to its notice and upon the completion of said annexation, the zoning of the property shall automatically take effect.

Conversion of agricultural lands annexed into the City of Sutter Creek from outside the planning area or sphere of influence shall be mitigated at a rate of 1:1 of equivalent value and quality of agricultural land, preferably within proximity to the City of Sutter Creek.

(Ord. 373, §29, 2023)

Chapter 18.58 - ACCOMMODATIONS OF PERSONS WITH DISABILITIES[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 373, §30(Att. 2), adopted Oct. 16, 2023, repealed the former Ch. 18.58, § 18.58.010, and enacted a new Ch. 18.58 as set out herein. The former Ch. 18.58 pertained to similar subject matter and derived from Ord. 330 §7, adopted 2008.

It is the policy of the City of Sutter Creek, pursuant to the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§ 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov't Code §§ 12955 et seq.) (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, to comply fully with the intent and purpose of fair housing laws.

(Ord. 373, §30(Att. 2), 2023)

A.

Reasonable Accommodation. "Reasonable accommodation" for purposes of this chapter shall mean providing individuals with disabilities flexibility in the application of land use, zoning, and building regulations when it is necessary to eliminate barriers to housing opportunities.

B.

Individual with a Disability. An "individual with a disability" shall mean someone who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone with a record of such impairment.

C.

Request. A request for reasonable accommodation may be made by any individual with a disability, or his or her representative, when the application of a land use, zoning, or building regulation, including policies, practices, or procedures, acts as a barrier to fair housing opportunities.

(Ord. 373, §30(Att. 2), 2023)

A.

Required Information. Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name and address of the requestor(s);

2.

Name and address of the property owner(s);

Address of the property for which accommodation is requested;

4.

Description of the requested accommodation and the regulation(s), policy, or procedure for which accommodation is sought; and

5.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

B.

Confidential Information. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

C.

Timing. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

D.

Assistance. If an individual needs assistance in making the request for reasonable accommodation, the planning division will provide assistance to ensure that the process is accessible.

(Ord. 373, §30(Att. 2), 2023)

A.

Timing. Planning director shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (B) herein. If the planning director fails to render a written decision on the request for reasonable accommodation within the thirty day time period allotted by subsection (A) herein, the request shall be deemed granted. Notwithstanding the foregoing, if necessary to reach a determination on the request for reasonable

accommodation, the planning director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty day period to issue a decision is stayed until the applicant responds to the request.

B.

Factors. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

1.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.

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

4.

Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use, zoning, or building program;

5.

Whether the requested accommodation is reasonable given the impact that the requested accommodation would have on the surrounding community and on public safety; and

6.

Whether there are other accommodations that may provide an equivalent level of benefit.

C.

Written Decision. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning director's findings on the criteria set forth in subsection (B) herein. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

D.

Laws in Full Force and Effect. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

E.

Decision Final Unless Appealed. The written decision of the planning director shall be final unless an applicant appeals it to the planning commission pursuant to section 18.58.050.

(Ord. 373, §30(Att. 2), 2023)

A.

Timing. Within thirty days of the date of the planning director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B.

Assistance. If an individual needs assistance in filing an appeal on an adverse decision, the planning division will provide assistance to ensure that the appeals process is accessible.

C.

Content of Appeal. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

Additional Remedies. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 373, §30(Att. 2), 2023)

Chapter 18.60 - CONDITIONAL USE PERMITS

The following regulations apply to the granting of conditional use permits.

Uses may be permitted by the planning commission and city council in zones from which they are prohibited by this title where such uses are deemed desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan. The procedure for filing applications, filing fees, investigation, notices, public hearings, findings and appeal shall be as specified in chapter 18.06, except that the city council upon recommendation of the planning commission may waive public hearings on an application for conditional use permits for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, convenience or welfare.

(Ord. 373, §31(a), 2023)

The following uses may be permitted in any zone unless limited to specific zones, and upon the granting of a conditional use permit:

A.

Bed and breakfast inns;

B.

Cemeteries, columbariums, mausoleums and mortuaries;

C.

Day care centers (adult/child);

D.

Churches or other places used exclusively for religious worship;

E.

Educational institutions including public and private schools;

F.

Establishments or enterprises involving large assemblages of people or vehicles including: amusement parks, circuses, carnivals, expositions, fair grounds, open air theaters, recreational and sports centers, and recreation vehicle parks;

G.

Hospitals and sanitariums;

H.

Institutions of a philanthropic (benevolent) or eleemosynary (charitable) nature;

I.

Libraries, museums and private clubs;

J.

Large scale neighborhood housing projects having a minimum gross area of five acres;

K.

Mining and natural resources development together with the necessary buildings, apparatus or appurtenances incidental thereto;

L.

Outdoor retail sales;

M.

Parks, playgrounds, parking lots or structures, and community buildings;

N.

Public utility or public service buildings, structures and uses, except as otherwise provided in this ordinance;

O.

New or remodeled residential structures in a commercial or industrial zone;

P.

Existing structures converted to residential uses in a commercial or industrial zone; and

Q.

Golf courses, driving ranges and country clubs.

R.

Special events.

(Ord. 373, §31(b), 2023)

Editor's note— Ord. 338 §1, adopted Sept. 20, 2010, repealed §18.60.025, which pertained to medical cannabis dispensaries and derived from Ord. 304 §5, adopted Nov. 15, 2004.

In approving a use permit, the commission may include such conditions as the commission deems reasonable and necessary under the circumstances to preserve the integrity and character of the district and to secure the general purposes of this title and the general plan. Such conditions, without limiting the discretion and authority of the commission in this regard, may include time limitations, architectural and site approval, street dedication, and street and drainage improvements.

Editor's note— Ord. 338 §1, adopted Sept. 20, 2010, repealed §18.60.035, which pertained to use permits for medical cannabis dispensaries and derived from Ord. 304 §6, adopted Nov. 15, 2004.

The commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this title when it finds that:

A.

The proposed uses of the property are desirable to the public convenience or welfare;

B.

The proposed uses will not impair the integrity and character of the area in which it is located or the zoning district;

C.

The proposed uses would not be detrimental to public health, safety, or general welfare;

D.

There are adequate public utilities and services available for the proposed uses; and

E.

The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this title.

(Ord. 373, §31(c), 2023)

18.60.050 - Home occupation use permits.

A.

Applications for a home occupation use permit shall be processed administratively by the planning department.

B.

Home occupation use permits may be granted if the planning department finds:

1.

There are no added vehicle trips;

2.

There is no signage pertaining to the home occupation;

3.

There is no exterior evidence of a home occupation and all equipment, supplies, and materials used in business are stored inside the dwelling or accessory structures;

4.

There is only up to one employee from outside the residence;

5.

The floor area used for the home occupation is no greater than twenty-five percent of the gross floor area.

Products produced by the home occupation are not displayed so as to be visible outside the dwelling unit.

7.

There are no public health or safety risks associated with the home occupation;

8.

There are no limitations to public utilities or services resulting from operation of the home occupation;

9.

The home occupation is secondary to the principal use a residence.

10.

There is only one home occupation per dwelling unit.

(Ord. 373, §31(d), 2023)

Chapter 18.61 - ACCESSORY DWELLING UNITS

This chapter provides for accessory dwelling units (ADU) and junior accessory dwelling units (JADU) consistent with Government Code Section 65852.2.

(Ord. 373, §33(Att. 3), 2023)

18.61.020 - Accessory dwelling unit criteria.

A.

Location. Accessory dwelling units may be allowed as follows:

1.

Parcels zoned for single-family, duplex or multifamily use, or on nonresidentially zoned properties, which are currently used for a single-family residential use, either simultaneous to or subsequent to construction of the principal single-family detached dwelling;

2.

Parcels which are currently used for a multifamily land use, when the accessory dwelling unit is created within portions of the existing multifamily dwelling structure that is not used as livable space, and if each space complies with applicable building and health and safety codes. However, one-story detached accessory dwelling units may be allowed on a multifamily dwelling parcel provided such units comply with the development standards for one-story accessory dwelling units in subsection D of this section.

B.

Limitation.

1.

Single-Family Residential Uses. In no case shall more than one accessory dwelling unit and one junior accessory dwelling unit be placed on the same lot or parcel for single-family dwellings.

2.

Multifamily Residential Uses.

a.

No more than two detached accessory dwelling units shall be allowed on a parcel zoned multifamily residential.

b.

The number of accessory dwelling units allowed on a multifamily property are limited to not more than twenty-five percent of the number of multifamily dwelling units on the property, except that at least one accessory dwelling unit shall be allowed.

C.

Zoning District Standards. All requirements and regulations of the zoning district in which the lot is situated shall apply, except as set forth in subsection D of this section.

D.

Special Conditions. The accessory dwelling unit may be established by the conversion of an attic, basement, garage or other portion of an existing residential unit or by new construction; a detached accessory dwelling unit may be established by the conversion of an accessory structure or may be established by new construction provided the following criteria are met:

1.

Floor Area. The floor area of an attached accessory dwelling unit shall not exceed eight hundred square feet or fifty percent of the existing living area, whichever is greater. The floor area of a detached accessory dwelling unit shall not exceed:

a.

Parcels of ten thousand square feet or greater: One thousand square feet.

b.

All other parcels: Eight hundred fifty square feet for a studio or one-bedroom accessory dwelling unit, or one thousand square feet for an accessory dwelling unit that provides for more than one bedroom.

2.

Height. Accessory dwelling units are subject to the same height standards that apply to primary dwellings on the lot in the applicable zoning district.

3.

Architecture.

a.

Accessory dwelling units shall be substantially compatible with the primary dwelling unit and the neighborhood.

b.

All windows along the wall facing the adjoining property line shall be clerestory (minimum of six feet height above the finished floor) or shall have permanently obscured glazing.

4.

Setbacks. Accessory dwelling units are subject to the same setback standards that apply to primary dwellings on the lot in the applicable zoning district, except that a setback of no more than four feet shall be required from the side and rear lot lines. No setback shall be required for a garage or other accessory structure which was constructed with a building permit as of January 1, 2020, that is converted to an accessory dwelling unit.

5.

Manufactured. Manufactured accessory dwelling units that meet the requirements of state law shall be allowed; provided, that they are constructed on a permanent foundation, are deemed substantially compatible architecturally with the primary dwelling unit by the planning director, and adhere to the development standards set forth in this chapter.

6.

Utility Connections. At the discretion of the city engineer, utility connections (sewer, water, gas, electricity, telephone) may or may not be connected to the primary dwelling unit. If utility connections are separate from the primary dwelling unit, power and telephone lines shall be underground from the point of source as approved by the respective utility purveyor to the accessory dwelling unit. However, for the creation of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure, the city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

7.

Selling Accessory Dwelling Units. The accessory dwelling unit shall not be offered for sale apart from the primary dwelling unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit, there is an enforceable restriction on use pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation, and the property is held pursuant to a recorded

tenancy in common agreement that includes the requisite provisions set forth in Section 65852.6. For purposes of this provision, all terms shall have the meaning set forth in Government Code Section 65852.6.

8.

Renting Accessory Dwelling Units. The rental of an accessory dwelling unit is allowed, provided the term is longer than thirty consecutive days. The rental of an accessory dwelling unit for thirty days or less is prohibited.

9.

Separate Entrance Required. The entry to an attached accessory dwelling unit shall be accessed separately and securely from the primary dwelling unit. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this chapter, a passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

10.

Applicable Codes. Accessory dwelling units must comply with applicable building, fire and other health and safety codes.

11.

Lot Coverage. Accessory dwelling units shall not be considered when calculating the maximum lot coverage allowed.

12.

Parking. There shall be one off-street parking space per accessory dwelling unit or per bedroom in the accessory dwelling unit(s), whichever is less. Off-street parking spaces for the ADU may be provided as tandem parking or in setback areas in locations determined by the city, unless the city finds that tandem parking or parking in setback areas is not feasible based upon specific site or regional topographical or fire and life safety conditions. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, no replacement off-street parking spaces shall be required.

E.

Application Procedure. Planning director, or designee, approval shall be required for all accessory dwelling units. The property owner shall file a completed administrative review application with the planning department, or a building permit application, and pay all applicable fees. The completed application form shall include, but not be limited to, data on the floor space and height of the proposed unit and the existing residential unit(s), a photograph of the existing residential unit(s), the height of adjacent residences, and an accurately drawn site plan showing the location and size of all existing and proposed structures, the proposed accessory dwelling unit, setbacks, utility connections and vehicle parking.

F.

Reserved.

G.

Existing Nonpermitted Accessory Dwelling Units. The planning director may approve an accessory dwelling unit constructed without benefit of required permits; provided, that the unit conforms to the current building code, is subject to applicable current permit and impact fees, and conforms to setback, height, area, and other physical development standards otherwise applicable.

H.

General Plan and Zoning Densities. Accessory dwelling units shall not be counted as "development units" under the general plan density requirements or the density requirements for the applicable zoning district.

I.

Connection Fees or Capacity Charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including sewer and water. Accessory dwelling units of seven hundred fifty square feet or less shall not be subject to impact fees. Accessory dwelling units larger than seven hundred fifty square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit.

J.

Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary dwelling unit (unless otherwise required by the fire chief based on state law).

K.

Maintenance and Conversion. An accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary dwelling unit) except with approval of the planning director. In considering such requests, the planning director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the planning director shall require the owner to make modifications to the property to: (1) comply with current building code requirements and (2) comply with current development standards in effect at the time of the request to terminate the use of the ADU.

(Ord. 373, §33(Att. 3), 2023)

18.61.030 - Junior accessory dwelling unit criteria.

A.

Location. Junior accessory dwelling units may be allowed only on parcels zoned for single-family residential use with an existing single-family dwelling unit on the parcel; or, as part of a proposed single-family residential use when it is within the proposed space of a single-family dwelling.

B.

Limitation. In no case shall more than one accessory dwelling unit and one junior accessory dwelling unit be placed on the same lot or parcel.

C.

Occupancy. Owner-occupancy is required in the single-family dwelling unit in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the single-family dwelling unit or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

D.

Existing Structure/Bedroom. A junior accessory dwelling unit shall be located within the walls of an existing or proposed single-family residence.

E.

Entrance. A junior accessory dwelling unit shall include its own discrete entrance, separate from the main entrance to the structure. A permitted junior accessory dwelling unit may include an interior entry to the main living area, and may include a second interior doorway for sound attenuation.

F.

Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

G.

Parking. Junior accessory dwelling units have no parking requirement.

H.

Deed Restriction. The junior accessory dwelling unit shall not be offered for sale apart from the primary dwelling unit. A deed restriction, which shall run with the land, shall be filed with the city and shall include both of the following:

1.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family 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 this section.

I.

Timing. A permit shall be issued within sixty days of submission of an application for a junior accessory dwelling unit that meets the criteria in this section and is part of an existing single-family dwelling.

J.

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

K.

For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

L.

A junior accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary dwelling unit) except with approval of the planning director. In considering such requests, the planning director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the planning director shall require the owner to make modifications to the

property to: (1) comply with current building code requirements and (2) comply with current development standards in effect at the time of the request to terminate the use of the ADU.

(Ord. 373, §33(Att. 3), 2023)

Chapter 18.62 - DENSITY BONUSES

The purpose of this section is to implement requirements of the State Density Bonus Law (California Government Code Title 7, Division 1, Chapter 4.3, Sections 65915, et seq.), and the city's housing element by specifying how the city shall provide density bonuses and other incentives, concessions, or waivers to developers for the production of housing affordable to lower income households, moderate income households, and senior citizens, and to increase the availability of childcare facilities in the city. Nothing in this chapter is intended to create a mandatory duty on behalf of the city or its employees under the Government Tort Claims Act, and no cause of action against the city or its employees is created by this chapter that would not arise independently of the provisions of this chapter.

(Ord. 373, §35(Att. 4), 2023)

All terms used in this chapter shall be interpreted in accordance with the definitions herein except to the extent otherwise defined in the State Density Bonus Law.

"Affordable rent" means the maximum monthly rent for a specified income level calculated in accordance with Health and Safety Code Section 50053 and implementing regulations.

"Affordable sales price" means the maximum housing cost for a specified income level, calculated in accordance with Health and Safety Code Section 50052.5 and implementing regulations.

"Affordable units" means those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price to very low income households, low income households, or moderate income households.

"Applicant" or "developer" means a person, persons, or entity who applies for a housing development, as well as the owner or owners of the property if the applicant does not own the property on which development is proposed.

"Area median income" or "AMI" means the median family income (adjusted for family size) for Placer County promulgated and published annually by the California Department of Housing and Community Development ("HCD") pursuant to Title 25, Section 6932 of the California Code of Regulations.

"Childcare facility" means a childcare facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

"Concession or incentive" is as defined in Government Code Section 65915.

"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 as of the date of application by the applicant to the city, as defined by Government Code Section 65915.

"Director" means the community development director, or a designee of the community development director.

"Housing development" is a residential development project for five or more residential units, including mixed-use developments, as defined in Government Code Section 65915.

"Planned development" is as defined in Civil Code Section 1351(k).

"Total units" means a calculation of the number of units in a housing development, excluding units added by a density bonus award pursuant to this chapter and including units designated to satisfy an inclusionary zoning requirement if applicable.

(Ord. 373, §35(Att. 4), 2023)

18.62.030 - Eligible Projects.

The city shall grant one density bonus, the amount of which shall be as specified in section 18.62.040 and if requested by the applicant and consistent with the applicable requirements of this chapter, incentives or concessions, as described in subsection 18.62.050, reduced parking ratios, as described in subsection 18.62.060, and waivers and reductions, as described in subsection 18.62.070, if the housing development proposed by the applicant meets at least on of the following requirements:

A.

A minimum of five percent of the total units of the housing development is restricted and affordable to very low-income households as defined in Health and Safety Code Section 50105.

B.

A minimum of ten percent of the total units of the housing development is restricted and affordable to lower income households as defined in Health and Safety Code Section 50079.5.

C.

A minimum of ten percent of the total units of the housing development is sold to moderate income households, as defined by Health and Safety Code Section 50093, provided that all units are offered to the public for purchase.

D.

The housing development qualifies as a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5.

E.

A minimum of ten percent of the total units of a housing development are used for transitional foster youth, as defined by Education Code Section 66025.9, disabled veterans, as defined in Government Code Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), and are subject to a recorded affordability restriction of fifty-five years and provided at the same affordability as very low income units.

F.

All of the units of the housing development are used for students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, in which a minimum of twenty percent of the total dwelling units are for lower income households, with priority given to students experiencing homelessness (verified pursuant to Section 65195(b)(1)(f)(i)(IV) of the Government Code), and the rent for such units does not to exceed thirty percent of sixty-five percent of the area median income for a single-room occupancy unit type.

(Ord. 373, §35(Att. 4), 2023)

If a project meets the requirements set forth in section 18.62.030, the applicant shall be entitled to a density bonus calculated as set forth herein. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

A.

One Hundred Percent Affordable Housing Development. If one hundred percent of the units in the housing development are lower income or very low-income units, excluding manager's units, with up to twenty percent of the units for moderate income households, the city shall allow an eighty percent maximum density bonus and four concessions or incentives meeting all the applicable eligibility requirements of this chapter.

B.

Very Low-Income Housing Development. A very low-income housing development that meets the requirements of subsection 18.62.030(A) shall be entitled to the following density bonus calculation and number of incentives or concessions:

C.

Low Income Housing Development. A low-income housing development that meets the requirements of subsection 18.62.030(B) shall be entitled to the following density bonus calculation:

D.

Moderate Income Housing Development. A moderate income housing development that meets the requirements of subsection 18.62.030(C) shall be entitled to the following density bonus calculation and number of concessions or incentives:

E.

Senior Citizen Housing Development. A senior citizen housing development that meets the requirements of subsection 18.62.030(D) shall be entitled to a twenty percent density bonus.

F.

Transitional Housing Development. A transitional housing development that meets the requirements of subsection 18.62.030(E) shall be entitled to a twenty percent density bonus.

G.

Student Housing Development. A student housing development that meets the requirements of subsection 18.62.030(F) shall be entitled to a thirty-five percent density bonus and shall be entitled to one concession or incentive.

(Ord. 373, §35(Att. 4), 2023)

For purposes of this chapter, concessions and incentives include the following:

A.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in

identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code.

B.

Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

C.

Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

(Ord. 373, §35(Att. 4), 2023)

If a housing development meets the requirements of 18.62.030, the following parking requirements apply. If the total number of parking spaces for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

A.

General Parking Requirements. Upon an applicant's request, the city may not require more than the following parking ratios for housing developments (inclusive of parking for persons with disabilities):

B.

Special Parking Requirements. Notwithstanding subsection (A), upon the request of a developer, the city shall not impose a parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following for specified projects:

C.

The application of the ratios herein does not reduce or increase the number of incentives or concessions to which an applicant is entitled. An applicant may request parking incentives or concessions beyond those provided herein.

(Ord. 373, §35(Att. 4), 2023)

If a development standard would physically prevent the housing development from being built at the permitted density and with the granted concessions or incentives, the developer may propose to have those standards waived or reduced. The city is not required to waive or reduce development standards that would cause a public health or safety problem, an environmental problem, harm historical property, or would be contrary to law. The waiver or reduction of a development standard does not count as a concession or incentive, and there is no limit on the number of development standard waivers that may be requested or granted.

(Ord. 373, §35(Att. 4), 2023)

When an applicant for a tentative subdivision map, parcel map, or other housing development donates land to the city that meets the requirements of subsection (A), the applicant shall be entitled to the density

bonus calculations in subsection (B).

A.

Requirements. An applicant will be entitled to a density bonus if the land donation meets the following requirements:

1.

The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the city or to a housing developer approved by the city and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(I), as the same may be amended from time to time, if the design has not been reviewed prior to the time of transfer.

2.

The zoning classification and general plan designation of the land is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.

3.

The transferred land is at least one acre in size or sufficient size to permit development of at least forty units.

4.

There is appropriate zoning and development standards to make the development of the affordable units feasible.

5.

The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the city to allow the transferred land to be located within one-quarter mile of the boundary of the proposed project.

B.

Density Bonus. Land donations made in accordance with subsection (A) shall be entitled to the following density bonus calculation and number of concessions or incentives:

(Ord. 373, §35(Att. 4), 2023)

When an applicant for a housing development includes a childcare facility that meets the requirements in subsection (A), the applicant shall be entitled to the density bonus in subsection (B):

A.

Requirements. If an application for a housing development is submitted pursuant to this chapter, and includes a childcare facility on the premises of, as part of, or adjacent to, the project, the city shall require as a condition of approval that the following occur:

1.

The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable, pursuant to the State Density Bonus Law.

2.

Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income, pursuant to the State Density Bonus Law.

B.

Density Bonus and Concessions or Incentives. If a housing development meets the requirements of subsection (A), then the city shall grant either of the following:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

2.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

C.

Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. 373, §35(Att. 4), 2023)

To receive a density bonus or concessions or incentives set forth in subsection (B), an applicant shall meet the requirements for condominium conversions set forth in subsection (A).

A.

Requirements. An applicant proposing to convert apartments to condominiums shall meet the following requirements:

1.

A minimum of thirty-three percent of the total units of the housing development shall be restricted and affordable to low-income or moderate-income households, or

2.

A minimum of fifteen percent of the total units of the housing development shall be restricted and affordable to lower-income households.

B.

Density Bonus or Concessions or Incentives. If an applicant satisfies the conditions in subsection (A), the city shall grant a density bonus or other concessions or incentives of equivalent value. An applicant proposing to convert apartments to condominiums shall be ineligible for a density bonus, concession or incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus, concession or incentives were previously provided under this chapter. A density bonus awarded pursuant to this section shall be equal to a twenty-five percent increase in units to be provided within the existing structure or structure proposed for conversion. For concessions or incentives, the city shall not be required to provide cash transfer payments or monetary compensation but may include reductions or waivers of requirements which the city might otherwise apply as conditions of conversion approval.

C.

Nothing in this chapter shall be construed to require the city to approve a proposal to convert apartments to condominiums.

(Ord. 373, §35(Att. 4), 2023)

A.

Requirements. To submit a complete application to the city for a density bonus and other concessions or incentives, the applicant shall:

Identify the section and/or subdivision of the State Density Bonus Law under which the application is made. See Government Code Section 65915, subdivision (b), paragraph (2) for requirements related to lower income households, very low income households, senior citizen housing development, transitional foster youth housing development, disabled veterans housing development, housing development for homeless persons, and moderate income common interest development; see Government Code Section 65915, subdivision (h) for donations of land; see Government Code Section 65915, subdivision (h) for child care facilities; and see Government Code Section 65915.5 for conversion of apartments to condominium projects.

2.

Quantify the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

3.

Identify any incentives or concessions requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

4.

Identify any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

5.

Provide a preliminary sketch plan showing the context and compatibility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project.

6.

Provide information satisfactory to the director to enable the city to determine whether the requirements of the State Density Bonus Law and this code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible. (See Government Code Section 65915, subdivision (d).) Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the director.

7.

Make payment for the requisite fees in connection with the application.

B.

Review. The director shall review the information provided by the applicant and shall make a recommendation the decision-making body for the proposed project regarding the density bonus and any requested concessions, incentives, waivers, reductions, or modifications. To the extent the director

recommends the grant of a density bonus, concession, incentive, waiver, reduction, or modification, any such grant shall be conditioned upon the applicant's compliance with all relevant obligations set forth in the State Density Bonus Law and this code.

C.

Approval. The decision-making body for the proposed project shall also make the final decision on behalf of the city related to any application submitted in accordance with this section based on the director's recommendation and on substantial evidence. This chapter shall not be interpreted to require that the city grant a concession or incentive that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(Ord. 373, §35(Att. 4), 2023)

A.

Affordable units under this section shall be constructed at the same time as the market-rate units.

B.

The right to a density bonus or any other concession, incentive, or waiver under this chapter shall not be transferred to another development.

C.

Where a developer proposes to simultaneously develop two or more parcels in the city, nothing in this section shall prohibit the city from using a density bonus and/or concession/incentive granted for one of the parcels on another of the multiple parcels.

D.

The developer and/or property owner shall provide the city a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for households of moderate income, households of low income, and households of very low income.

E.

An applicant shall agree to ensure that a for-sale unit that qualified the applicant for award of a density bonus meets either of the following conditions:

1.

The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing costs and is subject to an equity sharing agreement, or

The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contact that satisfies all of the requirements specified in paragraph 10 of subsection (a) of Section 402.1 of the Revenue and Taxation Code and that includes the restrictions set forth in Government Code Section 65915(c)(2).

F.

An applicant shall agree to ensure the continued affordability of all very low and low-income rental units that qualified the applicant of the award of the density bonus for fifty-five years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

G.

The city may require a density bonus agreement or recorded affordability restrictions to effectuate any of the requirements of this chapter and to ensure compliance therewith. Such agreements shall be on a form approved by the city attorney.

(Ord. 373, §35(Att. 4), 2023)

Chapter 18.66 - SURFACE MINING AND RECLAMATION

A.

This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.

B.

The council finds and declares that the extraction of minerals is essential to the continued economic wellbeing of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

C.

The council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

D.

The council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

Words and phrases associated with surface mining and reclamation are provided in section 18.08— Definitions.

(Ord. 373, §35, 2023; Ord. 373, §36(a), 2023)

Editor's note— Ord. 373, §35, 36(a), adopted Oct. 16, 2023, repealed the former § 18.66.020, and enacted a new § 18.66.020 as set out herein. The former § 18.66.020 pertained to similar subject matter and derived from prior code.

A.

The provisions of this chapter shall apply to the incorporated areas of the city.

B.

The provisions of this chapter are not applicable to:

1.

Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster;

2.

Prospecting and exploration for minerals of commercial value where less than one thousand cubic yards of overburden is removed in any one location of one acre or less;

3.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden or involve more than one acre in any one location;

4.

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose;

5.

Such other mining operations that the city determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified (no such identifications made as of the effective date of these regulations) by the state board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975.

A.

Any person, except as provided in Section 2776, California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain:

A permit to mine; and

2.

Approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. A fee as established for the permitted uses in the city fee ordinance, shall be paid to the city at the time of filing.

All applications for a reclamation plan for surface mining operations shall be made on forms provided by the city clerk's office of the city and as called for by Section 2772 of California Surface Mining and Reclamation Act of 1975.

B.

No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976 shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues, provided, that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights, if prior to January 1, 1976 he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the city and receive, within a period of two months, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976 and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.

C.

The state geologist shall be notified of the filing of all permit applications.

D.

This chapter shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation.

The city council shall review the permit application and the reclamation plan and shall schedule a public hearing within thirty days of the filing of both the permit application and the reclamation plan. Such public hearing shall be held by the city council for the purpose of consideration of the issuance of a permit for the proposed surface mining operation.

Upon a finding by the city council that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the city council of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee condition upon the faithful performance of the reclamation plan shall be filed with the city council. Such surety shall be executed in favor of the city and reviewed and revised as necessary, biannually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period, or other reasonable term.

Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the state geologist by the city upon request. Proprietary information shall be made available to persons other than the state geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975.

As a condition of approval for the permit or the reclamation plan or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan.

Amendments to an approved reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the city.

Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan.

Variances from an approved reclamation plan may be allowed upon request of the operator and applicant, if they are not one and the same, and upon a finding by the city council that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land.

The provisions of this chapter shall be enforced by any authorized member of the city council or such other persons as may be designated by the council.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

Chapter 18.68 - ENFORCEMENT

A.

It shall be the duty of the city administrator to enforce this title. All departments, officials and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permits or license for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

B.

The provisions of this title shall be interpreted and administered by the planning commission whose inspectors or authorized representatives shall have the right to enter upon my premises affected by this title for purposes of inspection.

C.

Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title, is unlawful and a public nuisance and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.

D.

This title may also be enforced by injunction issued out of the superior court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof.

Any person, firm or corporation, whether as principal, agent, employee, or otherwise, willfully violating any provisions of this title shall be deemed guilty of a misdemeanor or infraction, and upon conviction shall be punishable by a fine or by imprisonment, or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal equitable or summary remedy to which the city or other political subdivision, or any person, firm, corporation, partnership, or co-partnership may otherwise be entitled, and the city, or any other political subdivision or person, firm, corporation, partnership, or co-partnership may

file a suit to the superior court of the county to restrain or enjoin any attempted or proposed activity in violation of this title.