Chapter 18.48 — PARKING AND LOADING REQUIREMENTS

Any building or structure erected or located, and any use of land established after the effective date of this title or any subsequent amendments thereto, shall be required to provide off-street parking and loading facilities in accordance with the provision of this title.

(Ord. 233-82 (part), 1982).

When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, floor area, seating capacity or other units of measurement specified in this title, the additional required parking and loading facilities for such increase shall be provided.

(Ord. 233-82 (part), 1982).

Any use of property which, on the effective date of this title or of any subsequent amendment thereto, in nonconforming only as to the regulations relating to off-street parking and loading facilities may be continued in the same manner as if the parking and loading facilities were conforming. However, such parking and loading facilities as do exist shall not be further reduced.

(Ord. 233-82 (part), 1982).

The number of off-street parking spaces required for each use shall be as follows:

(Ord. 313-93 §1, 1993; Ord. 309-93 §1, 1993; Ord. 233-82 (part),1982; Ord. No. 477-2024, § 1, 10-14-2024).

18.48.042 - Garage, carport and parking space requirements for residential structures qualifying for Farmers Home Administration financing.

• A. Notwithstanding any provision in this Chapter 18.48 to the contrary, if the applicant for a building permit for construction of a qualifying residential structure submits with the application a conditional loan commitment letter or letter of intent to finance issued by the Farmers Home Administration of the United States Department of Agriculture for the structure, the city issuing the building permit shall not impose any requirement on the permit respecting size or capacity then the Farmers Home Administration will finance under its then applicable regulations and policies. "Qualifying residential structure," as used in this section, means any single-family or multifamily residential structure financed by the Farmers Home Administration and which is restricted pursuant to federal law to ownership or occupancy by households with incomes not exceeding the income criteria for persons and families of low and moderate income, as defined by Section 50093 of the California Government Code, or more restrictive income criteria.

• B. In the event that a building permit shall be granted for a qualifying residential structure pursuant to subsection (A) of this section allowing the construction of a residential structure with a garage or carport with a size or capacity less than that required in Section 18.48.040 hereof, then, in such

event, such building permit shall also require, in addition to the garage or carport, an uncovered, paved parking space located outside the setbacks otherwise required by this title, and outside the driveway approach to the garage or carport.

(Ord. 262-88 §1, 1988).

18.48.043 - Garage, carport and parking space requirements for residential structures qualifying for rehabilitation or reconstruction for Community Development Block Grant financing.

• A. Notwithstanding any provision in this chapter to the contrary, if the applicant for a building permit for rehabilitation of over fifty percent of the reasonable value of a qualifying residential structure subject to the permit, or the reconstruction of a qualifying residential structure subject to the permit, submits with the application a conditional loan commitment letter or letter of intent to finance issued under the Community Development Block Grant program of the city for the structure, the city in issuing the permit will not impose any condition on the permit pertaining to off-street parking requirements otherwise imposed or required of the city.

ing residential structure subject to the permit, submits with the application a conditional loan commitment letter or letter of intent to finance issued under the Community Development Block Grant program of the city for the structure, the city in issuing the permit will not impose any condition on the permit pertaining to off-street parking requirements otherwise imposed or required of the city.

"Qualifying residential structure", as used in this section, means any single-family or multi-family residential structure financed by the city Community Development Block Grant which is restricted pursuant to federal or state law to ownership or occupancy by households with incomes not exceeding the criteria for persons and families of low income and moderate income, as defined by Section 50093 of the California Government Code, or more restrictive income criteria.

"Rehabilitation", as used in this section, shall mean the restoration of more than fifty percent of the reasonable value of the dwelling unit at the time of submitting the application for a building permit.

"Reconstruction", as used in this section, shall mean the complete or substantially complete rebuilding of an existing residential structure on the same parcel.

• B. In the event that a building permit shall be approved for a qualifying residential structure pursuant to subsection A of this section, portion(s) of the subject property not then in conformance with applicable off-street parking requirements shall be designated on the plans to ensure future compliance as required in this chapter when the property is sold or no longer qualifies for the Community Development Block Grant program financing. These plans, and the acknowledgement form signed by the property owner of the subject property, shall be recorded in the office of the county recorder.

• C. In the event the property is sold or no longer qualifies for the Community Development Block Grant Program, any real property or structures situated thereon that are not in compliance with applicable off-street parking requirements shall be subject to the enforcement and penalty provisions of Chapter 18.44 of this code.

(Ord. 360-2002 §1, 2002).

The required off-street parking for any building, structure or use of land of a type which is not listed in this title shall be determined by the director of planning. The director of planning shall be guided as much as possible by comparison with similar uses which are listed.

(Ord. 233-82 (part), 1982).

The off-street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve, except that in cases of practical difficulty, the director of planning may approve a substitute location which meets the following conditions:

• A. That all or part of substitute location is within reasonable walking distance of the principal use for which the parking is being provided. Said distance shall be walking distance along a public street or sidewalk;

• B. That the substitute lot is in the same possession as the use it is intended to serve. Such possession may be by deed or long-term lease, the terms of which meet the approval of the city. The present and future owners of the substitute lot shall be bound by covenants which shall be required to be filed in the office of the county recorder, requiring such owner to maintain the required number of parking spaces for the duration of the use served or the life of the building, whichever is greater.

(Ord. 233-82 (part), 1982).

For the purpose of computing off-street parking spaces which are required by this title, the following rules shall apply:

• A. "Floor area" means gross floor area unless otherwise specified for a particular use.

• B. Churches and other places of general assembly in which benches or pews are used in the place of seats, each eighteen inches of length of such benches or pews shall be counted as one seat.

• C. When determination of the number of off-street parking spaces results in a requirement of a fractional space, any fraction of one-third or more shall be counted as one required space.

• (Ord. 233-82 (part) 1982).

• A. The required off-street parking and loading facilities as required by this title may be provided collectively for two or more buildings or uses in any "C" or "M" zone; provided, that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses, and may be satisfied by the establishment and maintenance of common parking areas as herein provided. Such areas shall be subject to approval by the planning director, subject to the provisions of this title as to size, shape, location, improvements, and distance from an access to the use to be served.

• B. If the common parking area and the building sites to be served are subject to more than one ownership, permanent improvements and maintenance of such parking facilities must be provided for in one of the following manners:

  1. By covenant or contract among all such property owners, and duly recording an appropriate covenant running with the land and improvements and filed in the office of the county recorder;

  2. By creation of special districts and the imposing of special assessments in any of the procedures prescribed by the state law.

  3. By utilizing the authority vested in a parking authority as provided by state law;

  4. By dedicating such common parking area to the city for parking purposes subject to the acceptance of such dedication by the city council.

(Ord. 233-82 (part), 1982).

In the event that two or more uses occupy the same building, lot or parcel of land, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately.

(Ord. 233-82 (part), 1982).

Off-street employee parking in the rear of the building in "M" zone shall be developed at dimensions of not less than eight feet, six inches in width and nineteen feet in length. All other off-street parking space shall have dimensions not less than nine feet in width and twenty feet in length. No part of the area of a required parking space shall be used for driveways, aisles or other required improvements. Forty percent of the required spaces may be marked for small cars (eight feet six inches by eighteen feet).

(Ord. 233-82 (part), 1982).

Paved access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user. The width of the driveway entrances and exits from a public street shall be measured at the property line and shall comply with the following standards:

• A. Residential uses, minimum driveway width shall be ten feet.

• B. All other uses, minimum driveway width shall be twelve feet.

• C. Each developed site shall have not more than two accessways (driveways) to any one street.

• D. Accessways shall have a minimum of five feet full height curb from adjoining residential property lines.

• E. No driveway shall exceed a width of thirty feet at the sidewalk.

• F. No driveway shall be allowed to encroach into the curve of a street corner unless the radius of the curb return is greater than thirty feet.

• G. No vehicles may be parked on service station premises and offered for sale, lease or rent.

• H. No vehicles may be parked on sidewalks, parkways, driveway entrances, alleys or planting areas.

• I. No vehicles may be parked upon any roadway or public parking lot for washing, greasing, repairing or selling.

(Ord. 233-82 (part), 1982).

The location of parking and loading facilities shall comply with the following:

• A. In the residential zones, parking shall not be permitted in the required front yard. On a corner lot or through lot, parking shall not be permitted in other required side and rear yards in the residential zones, provided all other requirements of the title are met.

• B. In the commercial and manufacturing zones, the required yard areas may be used for parking where not specifically prohibited; provided, that the landscaping, fencing and all other provisions of this title are met.

• (Ord. 233-82 (part), 1982).

Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and vehicle sales area, shall be developed and maintained in good condition and in accordance with the provisions of this title.

(Ord. 233-82 (part), 1982).

• A. All off-street parking areas and vehicle, trailer and equipment sales and storage areas and any driveways used for access thereto, shall be paved. Prior to paving, adequate base material shall be installed in accordance with city standard specifications. Paving shall consist of plant-mix asphaltic paving at least three inches thick installed in accordance with city standard specifications, or other paving material acceptable to the director of planning as equal. The surface shall be graded and drained so as to dispose of all surface water.

• B. Residential driveways shall be paved with adequate base and at least two inches of plant mix asphaltic paving or acceptable substitute.

(Ord. 233-82 (part), 1982).

Any lighting used to illuminate off-street parking facilities or vehicles sales areas shall be so arranged as to reflect the light away from the adjoining premises in any residential zone. All lighting shall be subject to the approval of the planning director.

(Ord. 233-82 (part), 1982).

All required parking areas shall have the following improvements:

• A. Parking areas shall be legibly marked off on the pavement, showing the required parking spaces, and shall be so designed so as to prohibit vehicles from backing into traffic.

• B. Concrete parking barriers sufficient to insure that no portion of the vehicles parked on the premises shall extend over the property line or planned street width line, whichever is greater, shall be erected and maintained along the perimeter of the parking area.

• (Ord. 233-82 (part), 1982).

Required parking area shall be used exclusively for vehicle parking in conjunction with a permitted use and shall be so designed and maintained as not to constitute a nuisance at any time, and shall be used in such a manner that no hazard to person or property, or unreasonable impediment to traffic will result.

(Ord. 233-82 (part), 1982).

The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It is unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this title.

(Ord. 233-82 (part), 1982).

At the time a building permit is requested for any building or structure, or at the time a new use of land which would require off-street parking is established, a plot plan shall be submitted showing the proposed development of the property including the layout and development of the parking and loading facilities. All parking and loading spaces shall be designated as well as the access aisles and other improvement. The director of planning may disapprove such plans if he finds they are inconsistent with the purpose and intent, and the requirements of this title.

(Ord. 233-82 (part), 1982).

Off-street loading space shall be provided and maintained on the same lot with every building or separate occupancy as follows:

(Ord. 233-82 (part), 1982).

18.48.210 - Size of loading space.

Each required offstreet loading space shall be not less than ten feet in width and twenty-five feet in length.

(Ord. 233-82 (part), 1982).

Chapter 18.52 - ACCESSORY DWELLING UNITS

Sections:

Footnotes: --- ( 3 ) ---

Editor's note— Ord. No. 463-2020, § 2, adopted Oct. 8, 2020, repealed the former Ch. 18.52, §§ 18.52.010—18.52.090, and enacted a new Ch. 18.52 as set out herein. The former Ch. 18.52 pertained to similar subject matter and derived from Ord. No. 437-2017, § 1, adopted July 13, 2017.

• A. "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family or multifamily dwelling unit is situated. An accessory dwelling unit also includes the following: (a) an efficiency unit; or (b) a manufactured home.

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

• C. "Accessory use" means use as an accessory dwelling unit as permitted under this Chapter.

• D. "Application" means a permit application.

• E. "Building permit" means a permit issued by the city building office to construct a new structure or amend an existing one.

• F. "Building official" means the person(s) designated by the city to inspect and/or enforce the housing, building, and/or zoning provisions of this code, and to issue building permits.

• G. "Car share vehicle" means a vehicle owned by an individual which is made available for rental for a short period of time through an internet facilitator.

• H. "Chapter" means a chapter of the City of Weed Municipal Code.

• I. "City" means the City of Weed.

• J. "City council" means the city's duly elected or appointed city council, acting as a body at a duly called and conducted public meeting thereof.

• K. "City manager" means the duly appointed city manager of the City of Weed, or his or her designee, or any duly appointed acting city manager.

• L. "Community development director": Unless another person is designated by the city manager or city council, the city manager shall act as the community development director under this chapter.

• M. "Code" means the City of Weed Municipal Code, including any amendments hereafter adopted, and includes any state codes incorporated therein by reference.

• N. "Connection fees" means a fee imposed by the City of Weed for the privilege of connecting a customer to city water, sewer, or drainage services.

• O. "Development standards" means the standards specified at Section 18.52.030, hereinbelow.

• P.

"Discretionary review" means review by the city council, planning commission, or other body, person, or persons vested with the power under state law or this code to approve, conditionally approve, or disapprove a proposed project, upon the exercise of their reasonable discretion.

• Q. "Dwelling" means a place used, or intended to be used, as a residence or abode by human beings.

• R. "Dwelling unit" means a residential dwelling unit.

• S. "Efficiency unit" is defined a Health and Safety Code section 17958.1.

• T. "Existing structure", for the purpose of defining an allowable space that can be converted to an accessory dwelling unit, means the area within the walls and roof of any structure in existence on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the building official, regardless of any non-compliance with zoning codes.

• U. "Floor plan" means a printed or hand-drawn diagram showing the locations of exterior and interior walls, doors, windows, stairs, and other physical features of a structure.

• V. "Floor space" means the floor area within the exterior walls of a structure that is accessible and available for use by persons, including closets and the floor areas beneath any built-in kitchen cabinets and counters.

• W. "Garage" means a fully enclosed structure capable of, and intended to be used for, the parking of one or more automobiles.

• X. "General plan" means the general plan of the City of Weed, including any amendments thereto.

• Y. "Hearing" means a proceeding before the city council or city planning commission wherein an applicant and/or other interested person may be heard, and upon which the city council or planning commission typically exercises discretionary review.

• Z. "Impact fee" means a fee imposed or collected by the city for the purpose of offsetting the cost of future capital improvements that are expected to be made necessary by reason of a new, different, or expanded use of land within the city.

• AA. "Junior accessory dwelling unit" means a dwelling unit that is no more then five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

• BB. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage.

• CC. "Lot" means a parcel.

• DD. "Manufactured home" is defined at Health and Safety Code section 18007.

• EE. "Ministerially" means reviewed, considered, approved, or disapproved without discretionary review.

FF.

"Non-conforming zoning condition" means a physical improvement on a property that does not conform to the city's then current zoning standards.

• GG. "Parcel" means a discrete area of land designated by an assessor's parcel number by the County of Siskiyou.

• HH. "Permit" means a permit for an accessory dwelling unit or junior accessory dwelling unit.

• II. "Passageway" means a pathway that is unobstructed clear to the sky, which extends from a street to an entrance to an accessory dwelling unit.

• JJ. "Planning commission" means the city's duly appointed planning commission, acting as a body at a duly called and conducted public meeting thereof.

• KK. "Plot plan" means a printed or hand-drawn diagram showing the locations of proposed and existing structures, improvements, and other physical features of a lot.

• LL. "Primary dwelling" means the duly approved and lawfully existing residential structure(s) on a lot.

• MM. "Primary structure" means the existing residential structure on a lot.

• NN. "Project" means a proposal made pursuant to this chapter to construct or modify a structure, or to authorize or change the use of a structure.

• OO. "Property" means a lot or parcel.

• PP. "Public transit" means a facility, including, but not limited to, a bus or tram stop, where the public may access buses and other forms of transportation that charge set fares (if any), run on fixed routes, and are available to the public.

  • QQ. "Residential dwelling unit" means a structure intended to be used, and actually used, as an abode for human beings.

  • RR. "School fees" means a fee collected by the city for the purpose of offsetting the cost of future capital improvements to school facilities that are expected to be made necessary by reason of a new, different, or expanded use of land within the city.

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

  • TT. "Unit" means a residential dwelling unit or an accessory dwelling unit.

  • UU. "Utilities" means services provided by the city, including but not limited to water, sewer, and drainage.

• (Ord. No. 463-2020, § 2, 10-8-2020)

An accessory dwelling unit within an existing structure (including a dwelling unit, attached or detached garage, or any accessory structure) shall be permitted ministerially with a building permit, regardless of any other standards within this Chapter, upon compliance with applicable building and safety codes, and if there

is independent exterior access from the existing residence and sufficient side and rear setbacks for fire safety.

(Ord. No. 463-2020, § 2, 10-8-2020)

• A. General Plan. Construction of an accessory dwelling unit pursuant to this Chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the accessory dwelling unit is located, and an accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

• B. Occupancy. There must be at least one existing or proposed residential dwelling on the lot for which an application under this Chapter is submitted. The accessory dwelling unit may not be sold separately from the lot and primary structure, but may be rented on a month-to-month, year-toyear, or longer, basis. Rental of an accessory dwelling unit to vacationers or other short-term (less than monthly) renters is governed by other provisions of this code.

• C. Correction of Existing Non-Conforming Zoning Conditions. Correction of existing non-conforming zoning conditions shall not be required as a condition of approval of an application for an accessory dwelling unit.

• D. Location. An accessory dwelling unit may either be attached to the existing structure or detached therefrom a minimum of ten feet, on the same lot.

• E. Zoning Requirements; Setbacks. Accessory dwelling units are permitted in all residential and mixed-use zoning districts. No setback shall be required for an existing structure that is converted to an accessory dwelling unit and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling that is constructed above a garage or existing structure. Aside from the exceptions provided for off-street parking, fire sprinklers, and setbacks for converting existing space into an accessory dwelling unit, requirements relating to other zoning requirements generally applicable to residential construction shall apply to an accessory dwelling unit. Minimum rear and side yard setback requirements are not to exceed four feet.

  1. At least one accessory dwelling unit is allowed within multi-family dwellings, but permits for the same shall be issued to no more than twenty-five percent of the existing multifamily dwelling units.

  2. No more than two detached accessory dwelling units are allowed on existing multi-family sites.

• F. Off-Street Parking.

  1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

  2. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.

3. No off-street parking is required if any of the following apply: The proposed accessory dwelling unit is within half-mile walking distance along a public street or other right-of-way of a public transit stop. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure if: (a) on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or (b) there is a car share vehicle located within one block of the accessory dwelling unit.

• G. Unit Size. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary dwelling. A detached accessory dwelling unit on the subject parcel shall have a total floor area not to exceed one thousand two hundred square feet.

• H. Utility Service. The utility service for the accessory dwelling unit must be serviced through the existing or proposed single-family or multi-family dwelling service. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating city connection fees or capacity charges for utilities, including water and sewer service.

• I. Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

• J. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

• K. Multiple Units. An accessory dwelling unit and junior accessory dwelling unit shall be permitted on one lot with at least one existing dwelling unit.

(Ord. No. 463-2020, § 2, 10-8-2020)

• A. Application. A permit application for an accessory dwelling unit or junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing before the city council or planning commission, notwithstanding California Government Code sections 65901 or California Government Code section 65906 or any local ordinance regulating the issuance of variances or special use permits.

B.

Action on Application. The building official shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling unit on the lot.

• C. Permit Sequence. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new residential dwelling unit on the lot, the building official may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the building official acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. A certificate of occupancy for the accessory dwelling unit or junior accessory dwelling unit shall not be issued prior to the issuance of a certificate of occupancy for the primary dwelling.

• D. Permit Requirements. All required materials and application materials that are required for a residential building permit are required for the accessory dwelling unit, including but not limited to the following:

  1. Plot Plan. A plot plan, drawn to scale, showing dimensions of all existing structures, existing and proposed dwellings, with proposed parking configuration, existing and proposed setbacks and distance between structures clearly shown.

  2. Floor Plan. Floor plans showing dimensions of floor areas.

  3. Impact Fees. Impact fees, including school fees, are not required for an accessory dwelling unit with floor space of seven hundred fifty square feet, or less. Impact fees for accessory dwelling units with over seven hundred fifty square feet of floor space shall be calculated proportionately in relation to the floor space of the primary dwelling.

  4. Connection Fees. Pursuant to Section 18.52.030(F), accessory dwelling units, shall not be considered new residential uses for the purpose of calculating city connection fees or capacity charges for city utilities such as water and sewer service.

(Ord. No. 463-2020, § 2, 10-8-2020)

18.52.050 - Proposed accessory dwelling units not complying with development standards.

• A. A proposed accessory dwelling unit that does not comply with the standards at Section 18.52.030 may be permitted upon the issuance of an administrative use permit at the discretion of the city manager, acting in his or her capacity as the community development director, supported by the following finding that the proposed accessory dwelling unit would not be detrimental to the public health and safety and would not unreasonably negatively impact the privacy of adjacent neighbors.

B.

In order to waive or modify requirements under this chapter for additional or new on-site parking the community development director must find that enforcing those requirements would be detrimental to public health or safety and that the waiver or modification will meet the purposes of this Chapter. (Ord. No. 463-2020, § 2, 10-8-2020)

Existing accessory dwelling units that are in compliance with this code at the adoption of this chapter shall be allowed to continue in existence and shall be considered in compliance with this Chapter. Pursuant to California Health and Safety Code section 17980.12, owners of unpermitted or substandard accessory dwelling units may, upon application and approval by the community development director, be granted delayed code enforcement for up to five years from the effective date of this Chapter if the city manager determines that there are no adverse health or safety issues. This provision shall expire on December 31, 2029.

(Ord. No. 463-2020, § 2, 10-8-2020)

Denial by city staff of any application for a building permit may be appealed by the applicant to the planning commission. All appeals must be made in writing to the city clerk within thirty days after written notice of the denial is mailed or delivered to the applicant. Any such appeal must be accompanied by the required fee, the amount of which shall be established by the city council.

(Ord. No. 463-2020, § 2, 10-8-2020)

Chapter 18.54 - REASONABLE ACCOMMODATION POLICY

It is the policy of the city pursuant to the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions.

(Ord. No. 433-2016, § 1, 11-10-2016)

In order to make specific housing available to an individual with a disability, any person acting on behalf of an individual with a disability may request a reasonable accommodation in the rules, policies, practices, and procedures regulating the siting, funding, development or use of housing by completing the "Fair Housing Accommodation Request" form and filing it with the planning department.

A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed with no fee, at any time that the accommodation may be necessary to ensure equal access to housing, (e.g., at the outset or during the approval process).

A reasonable accommodation request may include, but is not limited to yard area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s) required strictly for accessibility accommodation.

If an applicant needs assistance in making the request for reasonable accommodation or any appeals associated with the request, the planning department shall provide reasonable assistance necessary to ensure that the process is accessible to the applicant.

(Ord. No. 433-2016, § 1, 11-10-2016)

When a request for reasonable accommodation is filed with the planning department it is referred to the planning director or his/her designee for review and consideration. If necessary to reach a determination on the request for reasonable accommodation, the planning director or his/her designee may request further information from the applicant consistent with the Federal Fair Housing Amendments Act of 1988, specifying in detail what information is required.

Not more than forty-five days after receiving a written request for reasonable accommodation, the planning director or his/her designee shall issue a written determination on the request. In the event that the planning director or his/her designee requests further information pursuant to the paragraph above, the running of this period shall be stopped. Once the applicant provides a complete response to the request, a new forty-five-day period shall begin.

(Ord. No. 433-2016, § 1, 11-10-2016)

The planning director or his/her designee shall consider the following criteria when determining whether a requested accommodation is reasonable:

A.

The applicant making the request for reasonable accommodation is an individual protected under the Federal Fair Housing Amendments Act of 1988.

• B. The accommodation is necessary to make a specific dwelling unit(s) available to an individual protected under the Federal Fair Housing Amendments Act of 1988.

• C. The requested accommodation would not impose an undue financial or administrative burden on the city.

• D. The requested accommodation would not require a fundamental alteration in the nature of a program, policy, and/or procedure.

• E. Other unforeseen factors that may have a bearing on the specific accommodation request.

• (Ord. No. 433-2016, § 1, 11-10-2016)

The conditions of approval may, where appropriate, provide for any or all of the following:

• A. Inspection of the affected premises periodically by the city building official as specified in the conditions, to verify compliance with this section and with any applicable conditions of approval;

• B. Removal of the improvements by the applicant, where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists;

• C. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; and

• D. Any grant of accommodation for an individual with a disability shall be considered as a personal accommodation for the individual applicant and does not run with the land.

(Ord. No. 433-2016, § 1, 11-10-2016)

The planning director or his/her designee's written determination on the request for reasonable accommodation shall explain in detail the basis of the determination, including the findings on the criteria set forth Section 18.54.040 and conditions of approval set forth in Section 18.54.050. The written determination shall be sent to the applicant by certified mail. All written determinations shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Section 18.54.070.

(Ord. No. 433-2016, § 1, 11-10-2016)

Within ten days of the date of the planning director's or his/her designee's written determination, the applicant may file an appeal of the determination. The appeal process shall be conducted pursuant to the procedures set forth in Chapter 18.54 of this title. Appeals will be heard by the city planning commission.

(Ord. No. 433-2016, § 1, 11-10-2016)

The city council finds that the adoption and implementation of the ordinance codified in this chapter is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061, (Title 14 of the California Code of Regulations) because there is no potential for causing a significant effect on the environment.

(Ord. No. 433-2016, § 1, 11-10-2016)

Chapter 18.60 - MEDICAL MARIJUANA CULTIVATION

The purpose of this chapter is to regulate the cultivation of medical marijuana for personal use in a manner that protects the health, safety, and welfare of the community and minimizes or eliminates the potential nuisances associated with marijuana cultivation in a manner which is consistent with applicable state and federal laws and regulations.

(Ord. No. 425-2015, § 1, 3-12-2015)

This chapter shall be applicable to all zoning districts within the city.

(Ord. No. 425-2015, § 1, 3-12-2015)

This chapter shall be interpreted and applied in such a manner so as to not be in conflict with any state or federal law or regulation. This chapter shall not be deemed to permit any activity that is prohibited by any state or federal law or regulation. In particular, this chapter is not intended to interfere with a patient's right

to use or possess medical marijuana as provided in California Health and Safety Code Section 11362.5, et seq. If any portion of this chapter is determined to be in conflict with any state or federal law, that portion of this chapter shall be deemed null and void.

(Ord. No. 425-2015, § 1, 3-12-2015)

18.60.030 - Definitions.

For the purposes of this chapter, the following definitions shall apply:

"Business entity means a corporation, unincorporated association, limited liability company, partnership, limited partnership, limited liability partnership, professional corporation, or similar organization.

"Canopy area" means the straight-line width of the foliage of a particular marijuana plant as measured horizontally at the widest point. If the foliage of two or more plants overlaps, the measurement shall be made at the widest point from the outside edge of the plant at one end to the corresponding outside edge of the plant at the other end of the straight line.

"City" means the City of Weed, California.

"City administrator" means the city administrator of the city.

"City clerk" means the city clerk of the city, or his or her designee.

"City council" means the city council of the city.

"Code" means the municipal code of the city.

"Cultivation" means the planting, growing, harvesting, drying, processing, storage, or distribution of medical marijuana.

"Legal parcel" means a parcel of real property that may be separately sold in compliance with the California "Subdivision Map Act."

"Medical marijuana" means any plant(s) or part(s) thereof of the genus cannabis that has been recommended by an authorized person in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly known as the "Compassionate Use Act" and the "Medical Marijuana Program."

"Medical recommendation" means a current recommendation from a person authorized by law that recommends to another specific person, in writing, the consumption or other use of medical marijuana for medicinal or therapeutic purposes, and the possession by the latter person of a current and otherwise valid medical marijuana identification card ("MMIC"), issued by the Siskiyou County Department of Health and photo identification of that person issued by the California Department of Motor Vehicles or other photo identification of that person issued by a state or federal governmental agency.

"Outdoors" means any location within the city that is not fully enclosed and secure structure consisting of

a roof and walls.

"Person" means an individual adult human being.

"Playground" means public facilities such as slides, swings, and climbing apparatus intended for use by young children.

"Primary caregiver is a person defined by Health and Safety Code Section 11362.7(d), as interpreted by the courts of this state (see, for example, People v. Mentch (2008)) who has been designated as such, in writing by a qualified patient.

"Property" means a single, legal parcel of land where a qualified patient or primary caregiver resides. If the property consists of contiguous parcels owned by the same person or business entity, it shall be considered to be a single parcel for purposes of this chapter.

"Qualified patient is a person defined by Health and Safety Code Section 11362.7, who also possesses a medical recommendation, described hereinabove.

"Residence" means the property on which a qualified caregiver may legally reside in compliance with all applicable laws, ordinances, and regulations, and who is doing so at the time he or she is engaged in medical marijuana cultivation. Such a residence may not be, or include, a school, preschool, or daycare facility.

"School" means a qualified and legally operating institution of learning, whether public or private, offering a regular course of instruction to children at the kindergarten, elementary school, middle school, or high school levels. Residences in which home schooling, preschool, or daycare facilities exist are not included, nor are facilities providing instruction solely in religion, performing or visual arts, recreation, or other limited curriculum.

(Ord. No. 425-2015, § 1, 3-12-2015)

Qualified patients and designated primary caregivers shall be allowed to cultivate medical marijuana at their private residences in accordance with applicable state law and their medical recommendation. Cultivation shall be at a scale that is consistent with the standards established by law and this chapter, whichever is less. If a primary caregiver is cultivating medical marijuana for a qualified patient, the latter may not also cultivate medical marijuana at his or her own residence. If a qualified patient cultivates medical marijuana at the residence of the qualified patient, the qualified patient may not also designate a primary caregiver to cultivate medical marijuana for the qualified patient.

(Ord. No. 425-2015, § 1, 3-12-2015)

18.60.050 - Conditions.

• A. No cultivation shall take place within a residence, provided, however, that seedling up to eight inches in height may be grown therein.

• B. Structure. The cultivation may take place only within a structure which is not the residence, permissible structures to include a detached garage, greenhouse, or other outbuilding. The roof and walls of the structure may be wood, metal, plastic, translucent plastic sheeting, glass, or any other material, and the design shall be such as will help to both confine the odors of the plants within the structure and shield the plants from being viewed from locations off the property, it being recognized that most structures will not accomplish this objective completely.

• C. Electrical lines and fixtures need not be code compliant, but must not constitute a safety hazard.

• D. Heating equipment must not constitute a safety hazard.

• (Ord. No. 425-2015, § 1, 3-12-2015)

A maximum of eighty square feet of canopy area, or twelve plants, whichever is greater, may be under cultivation on the property. If a primary caregiver is engaged in medical marijuana cultivation for a qualified patient at the primary caregiver's residence, medical marijuana may be cultivated there for no more than two qualified patients, including the primary caregiver. In no event shall more than six plants per qualified patient be under cultivation.

(Ord. No. 425-2015, § 1, 3-12-2015)

A qualified patient and/or designated primary caregiver must reside on the property where the cultivation of medical marijuana occurs. Neither the qualified patient, nor its primary caregiver may cultivate medical marijuana on more than one property within the city.

(Ord. No. 425-2015, § 1, 3-12-2015)

The owner or occupant of property where medical marijuana is being cultivated shall:

• A. Screen or fence it with solid materials in such a manner that the medical marijuana which is being cultivated shall not be visible from any viewpoint which is up to six feet above ground level on any adjacent public or private right-of-way, or adjacent public or private property; and

• B. Use reasonable means to prevent access to the plants by the public.

(Ord. No. 425-2015, § 1, 3-12-2015)

The outdoor cultivation of medical marijuana is prohibited within three hundred feet of any public city park playground, school, or public library.

(Ord. No. 425-2015, § 1, 3-12-2015)

Cultivation of medical marijuana is prohibited within five feet of any property boundary line, that is, the leaves of any plant may not project closer than five feet to the boundary line.

(Ord. No. 425-2015, § 1, 3-12-2015)

Cultivation of medical marijuana is prohibited as a home occupation business activity within the city.

• (Ord. No. 425-2015, § 1, 3-12-2015)

• A. Conditions. The cultivation of medical marijuana shall not adversely affect the health or safety of any nearby resident, nor cause physical annoyance or discomfort to any nearby resident in any manner, whether by the creation or release of noxious gas, smoke, noise, or odor, nor be hazardous to the public due to the use or storage of materials, processes, products, or wastes.

  • B. Violation. A violation of this section constitutes a public nuisance for which the city or any adversely affected member of the public may seek relief through the courts, in addition to such penalties as may be specified in this chapter.

• (Ord. No. 425-2015, § 1, 3-12-2015)

• A. Permit Required. A qualified patient or primary caregiver who desires to cultivate medical marijuana may do so only in accordance with the regulations of this chapter by applying for a medical marijuana cultivation use permit under this section, and shall be subject to the other terms and conditions of this chapter.

• B.

Permit. A qualified patient who desires to cultivate medical marijuana for himself or herself, or a primary caregiver who desires to do so for another person, on particular property shall complete and file with the city clerk an application for a medical marijuana cultivation use permit, and therein provide such information as the city clerk shall then require, including but not limited to copies of the medical marijuana identification cards for the applicant(s), and written, notarized authorization of the cultivation by the property owner if the property is not owned of record by at least one of the applicant. Nothing herein shall require the disclosure to the city of the identity of any qualified patient other than the applicant. The city shall not inquire as to the medical or other condition of the applicant. The city maintain the confidentiality of contents of any application made under this section and not produce or allow the inspection of the same by any person except in regard to the enforcement of this section or as may be required by law.

• C. Issuance. The city administrator shall determine whether the permit shall issue, based upon whether it complies with this chapter, and shall issue written findings in the event a permit is denied. The city administrator may designate a person to exercise his or her authority under this subsection in his or her absence.

• D. Appeal. Any applicant whose application is denied by the city administrator may appeal the decision to the city council by making a written request therefor.

• E. Changes in Information Provided. If the information provided in any application filed under subsection B, above, becomes incorrect, the applicant, within thirty days, shall file with the city clerk an amended application or such other form as the city clerk may then require.

• F. Expiration. A use permit issued pursuant to this section shall expire one year from its date of issuance, but may be renewed upon the filing of the required application to the city clerk. The city clerk may, but is not required, to give prior notice to the applicant of the expiration of the use permit.

• G. Revocation. A use permit issued pursuant to this section may be revoked or suspended by the city council, upon prior notice to the issuee and an opportunity for the issuee to be heard. The hearing shall be in closed session if permitted by law.

• H. Fees. The city council may, by resolution, establish fees to be paid by applicants to recover the cost of the processing of applications, renewals, appeals, and other procedures required or authorized by this chapter.

• I. Existing Cultivation. Medical marijuana cultivation which is already in existence within the city, but would be subject to a permit requirement under this chapter, shall be terminated not less than ninety days after the effective date of this chapter.

(Ord. No. 425-2015, § 1, 3-12-2015)

• 18.60.140 - Inspections.

A permit under this chapter shall not issue unless at least one occupant of the property where the cultivation is to take place executes and delivers to the city, in a form acceptable to the city clerk, written irrevocable permission for law enforcement or other officials of the city to enter, inspect, and photograph the premises at reasonable times and intervals without the necessity of prior notice or probable cause to inspect the cultivation for compliance with this chapter and any other applicable code provisions and state laws. The permittee shall cooperate with the official in arranging for allowing the inspection. The said written permission shall remain in effect for one hundred eighty days following the expiration or revocation of the permit and shall be binding upon any persons who occupy the property during its effective period.

(Ord. No. 425-2015, § 1, 3-12-2015)

18.60.150 - Violations; penalties: Injunction.

• A. Criminal Prosecution. Any person who violates any provision of this chapter shall, in the discretion of the city attorney, be guilty of either an infraction or a misdemeanor, and upon conviction shall be punished in the manner then specified by this code or state law. Alternatively, an administrative citation may be issued, as provided in this code.

• B. Injunction. In addition to criminal penalties, the city may seek a court order to enjoin any activity prohibited by this chapter, or to require the performance of any activity mandated hereby.

• C. Nuisance. A violation of this chapter is declared to be a public nuisance.

• (Ord. No. 425-2015, § 1, 3-12-2015)