Chapter 17.04 — NONCONFORMING USES

17.04.160.1 Purpose of chapter. Within the districts established by this Zoning Code or amendments thereto, there exist structures, land uses and characteristics of uses which were lawful prior to the adoption of or amendments to this Zoning Code, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this chapter to:

A.

Permit the continued operation of such uses while guarding against such uses becoming a threat to more appropriate development;

B.

Provide for the eventual elimination of those uses likely to be most objectionable to their neighbors, and which are deemed to be harmful to the community environment and not in the best public interest; and

C.

Limit the number and extent of nonconforming structures by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and standards prescribed in this Zoning Ordinance, and by regulating their restoration after major damage.

17.04.160.2 Application of chapter.

A.

Generally. This chapter applies to uses, buildings, structures, landscaping, parking, and lots that were lawfully constructed or established, but do not conform to the requirements of this Zoning Code. It does not apply to lots of record in the NC subdistricts, regardless of their size (such lots are "conforming").

B.

Continuation of existing uses and structures. Section 17.04.170, Continuation of existing uses and structures, applies to legally nonconforming uses and structures, which will remain in existence under the same conditions that were in place when they were constructed or established.

C.

Nonconforming uses. Section 17.04.180, Nonconforming uses, sets out conditions for enlargement and alteration of buildings housing nonconforming uses, as well as for substitutions or alterations of uses that involve the use but not changes to the structure. The section also determines when a nonconforming use is required to cease operation.

D.

Nonconforming structures. Section 17.04.190, Nonconforming structures, sets out conditions for enlarging, repairing, or altering a nonconforming structure, and for replacing a damaged nonconforming structure. The section also determines the point at which parking must be brought up to standards. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

E.

Effect of annexation. Section 17.04.200, Effect of annexation, addresses projects that are in process prior to annexation, and their status after annexation.

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.170 - Continuation of existing uses and structures.

17.04.170.1 Existing uses and structures. Except as otherwise specified, any use, building, or structure existing when a zoning ordinance amendment rendered the use or structure nonconforming, may be continued, even though such use, building or structure may not conform with the provisions of this title for the district in which it is located; provided, that:

A.

The use or structure was not established in violation of any zoning regulation previously in effect in the area which constitutes the city, unless such use or structure now conforms with this Zoning Code; and

B.

Such use or structure does not constitute a nuisance.

17.04.170.2 Conditional uses. Any use which was a permitted use until the date this Zoning Code changed the use to a use for which a conditional use permit is required in the applicable district shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Subsection 17.05.260.1, Conditional use approvals.

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.180 - Nonconforming uses.

17.04.180.1 Enlargement and alteration of nonconforming uses. Except for dwellings, no building existing on the date that this Zoning Code rendered the use nonconforming, that is devoted to a use not permitted in the zoning district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as provided in Subsection 17.04.180.2 Substitution or alteration of a nonconforming use.

17.04.180.2 Substitution or alteration of a nonconforming use.

A.

Nonconforming uses shall not be reconstituted or substituted, or substantially altered, unless the use thereof is changed to a use permitted in the district in which such building, structure or land is located, or except upon approval of a conditional use permit by the planning commission pursuant to Subsection 17.05.260.1, Conditional use approval, and to the criteria of this subsection. The proposed alteration of a nonconforming use shall result in a lesser discrepancy between the existing conditions and the zoning requirements for the district based on the following criteria:

1.

The new use serves a need which is directly related or complementary to permitted uses of the property;

2.

The new use results in reduced parking, traffic or congestion problems;

3.

The new use is not to be detrimental to the habitability of adjacent properties throughout the period of its continued use; and

4.

The new use and resulting general appearance will not detract from the neighborhood character or desirability.

B.

The planning director may approve a one-time expansion to a light industrial use that is legally nonconforming due to the fact that the property is not zoned for the existing use. Approvals shall be subject to the following:

1.

The area of expansion shall be consistent with the design review manual;

2.

Existing storage and areas of outdoor operation shall be fully screened; and

3.

The site shall be brought up to standards in terms of complying with Subsection 17.03.150.1, Noise; Subsection 17.03.50.2, Vibration; and Subsection 17.03.150.3, Light and glare.

A.

If a nonconforming use ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located.

B.

Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

C.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.190 - Nonconforming structures and parking.

17.04.190.1 Replacement of damaged or destroyed nonconforming structures.

A.

Any nonconforming building or structure that has been damaged by more than sixty percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction.

B.

If less than sixty percent of the nonconforming building or structure is damaged above the foundation, it may be restored, reconstructed or used as before; provided, that all restoration or reconstruction shall be substantially completed within six months of such damage or destruction.

C.

Increasing the square footage of a nonconforming residential structure does not constitute adding to or enlarging for purposes of this section; provided, that no additional dwelling unit is created and such increase otherwise conforms to applicable development standards. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

17.04.190.2 Repairs, alterations and relocation.

A.

Repairs. Such repairs and maintenance work as required to keep the nonconforming building or structure in sound condition may be made.

B.

Alterations.

1.

In general. Enlargements or alterations may be made to a nonconforming structure only if the enlargements or alterations are consistent with all applicable district standards. May not be applicable to accessory or

junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

2.

Single-family and duplex structures. Nonconforming single-family and duplex structures may be altered if the structure was legally built prior to the effective date the zoning ordinance amendment rendered the structure nonconforming.

3.

Accessory structures and garages. Accessory structures, including garages, which were legally built prior to the date a zoning ordinance amendment rendered the structure nonconforming may be altered or expanded, provided the alterations comply with applicable parking requirements. Nonconforming garages or storage buildings may not be expanded to include a habitable space nor converted to a habitable space.

C.

Relocation. A nonconforming structure shall not be moved unless it conforms to the standards of all applicable district standards at its new location.

17.04.190.3 Nonconforming parking.

A.

Single-family and duplex uses.

1.

Single-family or duplex units which do not have the number or type of parking spaces required, but had the number and type of spaces required at the time the use was approved for construction, are not required to provide additional parking spaces unless additional bedrooms are constructed on the property. The resulting number of parking spaces, including both the existing, remaining parking and the additional parking, shall be in compliance with applicable parking requirements. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

2.

If additional parking is required to an existing unit, the additional parking may be covered or uncovered.

3.

No existing garage may be converted to other uses or existing parking spaces removed unless the property will comply with applicable parking standards. May not applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

B.

Multifamily uses.

1.

Multifamily uses that do not have the number of parking spaces required, but had the number of spaces required at the time the use was approved for construction, are not required to provide additional parking spaces unless additional units are constructed on the property or existing units are expanded.

2.

If units are added or expanded, additional parking shall be added so that the new or expanded units are in compliance with applicable parking standards. May not applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

3.

No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with parking standards of this Code. May not applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.200.1 Continuation of county permits. Whenever property is annexed to the city and such property has a building, structure, or use of land that was lawfully established or maintained in Colusa County pursuant to a valid permit granted by Colusa County, or any agency or political subdivision thereof, any and all conditions or requirements placed on such permit shall be complied with in order to continue or maintain such building, structure, or use of land in compliance with this Zoning Code. Violation of any such conditions or requirements shall constitute a violation of this Zoning Code and shall be subject to the enforcement provisions as specified in Subsection 17.07.330.3, Enforcement, in addition to any and all other penalties and remedies provided by law.

17.04.200.2 Inhabited annexation. Any property developed with an existing residential use that becomes nonconforming as a result of annexation to the City of Williams shall be deemed to be a legal nonconforming residential use with respect to this Zoning Code. Any such nonconforming residential use may be continued indefinitely, and may be repaired, altered and/or enlarged in conformance with this chapter.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.05 - ADMINISTRATION

Sections:

17.05.210 - Purpose and application of chapter.

17.05.210.1 Purpose of chapter. The purpose of this chapter is to set out all of the city's land planning and development approval procedures in one place, and to standardize them to the maximum practicable degree.

A.

Generally. All procedures for city land use planning, obtaining approvals pursuant to this Zoning Code, and for appealing decisions of the city staff or planning commission, are set out in this chapter.

B.

Land use planning. Section 17.05.230, General and specific plans, sets out the process for general and specific plan revisions and amendments.

C.

Required permits and approvals. Section 17.05.240, Permits and approvals, sets out all permits that are included in this Zoning Code, and which bodies are responsible for issuing each.

D.

Standards for administrative permits. Section 17.05.250, Standards for administrative permits, establishes the criteria for issuance of administrative permits.

E.

Standards for public hearing permits. Section 17.05.260, Standards for public hearing permits, establishes the criteria for issuance of public hearing permits.

F.

Standards for design review. Section 17.05.270, Design review, establishes the standards, guidelines, and review procedure for design review approval.

G.

Standardized development approval procedures. Section 17.05.280, Standardized development approval procedures, sets out a standard procedural framework for considering and deciding applications for development approval.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.220.1 Bodies established and authorized by the City of Williams Code of Ordinances.

A.

City council.

1.

Generally. The city council has all powers conferred upon it by the City of Williams and the Constitution and laws of the State of California. With respect to decision-making pursuant to this Zoning Code, the city council will exercise the powers set out in this chapter.

2.

Approvals. The city council shall hear and decide the following:

a.

General plan for the City of Williams and amendments thereto;

b.

Specific plans for the City of Williams and amendments thereto;

c.

Text amendments to this Zoning Code;

d.

Amendments to the official zoning map;

e.

Adoption and then periodical review of the design review manual;

f.

Pattern book approval; and

g.

Conditional use permits.

3.

Appeals. The city council, within thirty days shall hear and decide appeals from decisions of the planning and zoning commission after a public hearing.

B.

Planning commission.

1.

Generally. The planning commission is created and authorized by Chapter 2.24 of the City of Williams Code of Ordinances and pursuant to the laws of the State of California. This section is adopted pursuant to the

statutory authorization (Government Code Section 65101). Consequently, amendment of the statute after the effective date may modify, delete, or supplement the provisions of this section.

2.

Function. The planning commission shall undertake a continuing planning program for the physical, social and economic growth, development and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy of its area of jurisdiction.

3.

Powers and duties. In the discharge of its responsibilities, the planning commission has the power and duty to:

a.

Prepare, revise periodically, and recommend the general plan for adoption the City of Williams to the city council;

b.

Prepare, revise and recommend for adoption specific plans as necessary to the city council;

c.

Prepare and recommend for adoption as a means for implementing the plans and programs in its area zoning ordinances to include zoning district maps and appropriate revisions thereof to the city council;

d.

Make determinations regarding conditional use permits;

e.

Annually review the city's general plan housing element in accordance with California Government Code Section 65400;

f.

Make recommendations regarding the annual capital improvements program to the city council in accordance with California Government Code Section 65103;

g.

Perform design review and make final decisions regarding site plan and building design approvals;

h.

Periodically review the design review manual, taking any design review committee recommendations into consideration, and forward its own recommendation to the city council;

i.

Hear and decide appeals of the director's interpretation of provisions of this Zoning Code;

j.

Hear and decide variance requests to the terms of this Zoning Code; and

k.

Adopt policies or procedures to facilitate implementation of planning elements.

4.

Referral of matters to commission and reports. The city council may refer any matters or class of matters to the planning commission, with the provision that final action on it may not be taken until the planning commission has submitted a report on it or has had a reasonable period of time, as determined by the city council, to submit a report.

5.

Meetings, procedural rules and records.

a.

The planning commission shall meet at the call of the chair and at such times as the chair or planning commission may determine.

b.

The planning commission shall adopt rules of organizational procedure.

c.

The planning commission shall keep a record of its resolutions, findings and determinations.

A.

Public works director. The public works director shall be responsible for reviewing site permits. Upon completion of review, the public works director shall:

1.

Issue the site permit; or

2.

Deny the site permit, citing specific reasons for denial.

B.

Director of planning. The director of planning ("director") shall be responsible for:

1.

Reviewing and then either issuing or denying zoning clearance permits. If the zoning clearance permit application is for a limited use, then the director shall issue the permit only if the application demonstrates that all limited use standards are met or will be met when the use is established;

2.

Reviewing and then either issuing a temporary use certificate, or denying the certificate, citing specific reasons for denial;

3.

Ensure compatibility of minor development and/or building projects with the design review manual;

4.

Maintain the city's design review manual and ensure its periodic update where necessary in the opinion of the director;

5.

Processing the following through the design review committee, planning commission and city council (as applicable):

a.

Conditional use permit requests;

b.

Rezoning requests (map amendments);

c.

General plans and amendments;

d.

Specific plans and amendments;

e.

Variance requests;

f.

Appeals;

g.

Pattern book approvals;

h.

Design review; and

i.

Text amendments.

6.

Report to the city council actions and any recommendations of the planning commission.

C.

Building official. Prior to issuing a certificate of occupancy, the building official shall ensure that all review agencies that had been involved in processing plans have confirmed that buildings and sites comply with all applicable provisions of this Code and any applicable conditions that had been previously placed on the project through the review process.

17.05.220.3 Design review committee. A design review committee is hereby established.

A.

Membership. The design review committee shall consist of two planning commissioners and one at-large citizen member, who shall have some demonstrated design expertise or background in architecture, building design, and/or landscape architecture.

B.

Terms of office.

1.

The at-large member shall serve for a term of two years, and a maximum of three terms.

2.

The two planning commissioners shall serve for a term of one year, with no maximum number of terms as long as the commissioner remains on the planning commission.

C.

Appointment.

1.

One at-large member shall be appointed by the city council.

Two planning commissioners shall be appointed annually by the planning commission.

D.

Duties. The committee shall apply the design review manual as established in the city's design review procedures.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.230 - General and specific plans.

A.

Purpose. The city council or the planning commission, with the assistance of the director, may prepare for adoption by the city council a comprehensive, long-term general plan, and any amendment thereto, for the physical development of the city and of any land outside the city's boundaries which in the council's or commission's judgment bears relation to the physical development of the city. The general plan shall include the mandatory elements specified in the California Government Code and may include such other elements as the commission or council deems necessary or convenient to further the interest of the city.

B.

Timing of process.

1.

Finding of public necessity. Whenever the public necessity, convenience, general welfare, or good land use planning practice may require, the city council may by resolution, subject to the procedure provided in this section, adopt, amend or change the general plan.

2.

Annual limit. There shall be no more than a total of four general plan amendments processed in any calendar year.

C.

Adoption process.

1.

Initiation. Adoption, amendment or change to the general plan may be initiated by:

a.

The city council;

b.

The planning commission; or

c.

By petition of one or more property owners. Petitions shall be filed with the director on prescribed forms and accompanied by such data and information as may be required for that purpose by the director, planning commission, or city council. The petitioner shall also deposit a fee in an amount established by resolution, no part of which is refundable.

2.

Planning commission recommendation. The planning commission shall hold at least one public hearing on the adoption of the general plan or any amendment thereto and make a recommendation to the city council.

3.

City council action. Upon receipt of a recommendation on the adoption of a general plan or amendments thereto from the planning commission, the city council shall hold at least one public hearing on the proposal and approve, modify and approve, or disapprove the proposal. However, any substantial modification proposed by the city council not previously considered by the planning commission during its hearings shall first be referred to the planning commission for its recommendation. Failure of the planning commission to report within forty-five days after the referral, or within a time specified by the city council, shall be deemed a recommendation for approval.

A.

Purpose. The city council or the planning commission, with the assistance of the director, may prepare for adoption by the city council specific plans and any amendment thereto, based on the general plan which, in the council's or commission's judgment, are necessary or convenient for the systematic implementation of the general plan. The specific plan shall include the mandatory elements specified in the California Government Code and may include such other elements as the commission or council deems necessary or convenient to further the interest of the city.

B.

Timing of process. Whenever the public necessity, convenience, general welfare, or good land use planning practice may require, the city council may by resolution, subject to the procedure provided in this section, adopt, amend or change the specific plan.

C.

Adoption process.

1.

Initiation and planning commission recommendation. A request to adopt or initiate a specific plan shall be made in the same manner as the general plan.

2.

City council action. A specific plan shall be adopted or amended in the same manner as the general plan.

D.

Building permits. Upon adoption of a specific plan by the city council, no building permit shall be issued for properties subject to the specific plan unless the work authorized by the building permit is consistent with the specific plan.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.240.1 Permits required. Permits as provided in this section are required for development in the City of Williams.

A.

Generally. Administrative permits are permits that are issued by the city staff without the requirement for a public hearing.

B.

Administrative permits established. The administrative permits required by this Zoning Code are set out in Table 17.05.220.2, Administrative Permits. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Zoning Code.

Table 17.05.240.2 Administrative Permits

Section 17.02.120.9, New and Existing Landscaping and Water Efficient Landscape Standards.

associated with a new development project

A.

Generally. Public hearing permits are permits that are issued by the city after compliance with the requirements of this Zoning Code is determined at a public hearing.

B.

Public hearing permits established. The public hearing permits required by this Zoning Code are set out in Table 17.05.230.3 Public Hearing Permits. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Zoning Code.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Generally. A site permit is required as set out in Subsection 17.05.240.2, Administrative permits. Development activities that require a site permit include, but are not limited to:

1.

Any excavation, fill or earthmoving involving an earthwork quantity greater than ten cubic yards.

2.

Construction, paving or repaving of any driveway, private street, parking lot, sidewalk or path.

3.

Construction of any paved surface larger than one hundred square feet in area.

Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.

5.

Installation of any exterior lighting for any site or use except single-family, duplex, individual townhouse, twin home, or three-plex units.

6.

Pending site work of any type on any site located in an area of known subsidence.

B.

Application. Applications for approval of a site permit shall be on a form approved by the public works director. The application shall include an erosion control plan.

C.

Decision criteria. A site permit shall be issued if the public works director finds that:

1.

All applicable requirements of this Zoning Code have been met;

2.

The plans adhere to the City of Williams Storm Drainage Master Plan; and

3.

If any state or federal approvals are required, said approvals have been granted.

D.

Permit conditions. All site permits are issued upon the following conditions:

1.

The applicant shall notify the public works department at least twenty-four hours before beginning any land disturbing activity.

2.

The applicant shall obtain the permission of the public works director before modifying the erosion control plan.

3.

The applicant shall install and maintain all erosion control measures as identified in the erosion control plan.

The applicant shall maintain all road drainage systems, stormwater drainage systems and other facilities as identified in the erosion control plan.

5.

The applicant shall remove sediment resulting from land-disturbing activities from adjacent surfaces and/or drainage courses.

6.

The applicant shall allow the public works director or designee to enter the site to verify compliance with the erosion control plan or to perform any work necessary to bring the site into compliance with the erosion control plan.

7.

The applicant shall submit a revised plan for approval if the nature of the project changes from that proposed under the permit.

17.05.250.2 Site plan permit.

A.

Generally. A site plan permit is required as set out in Subsection 17.05.240.2, Administrative permits. Prior to development of any use or structure other than single-family (excluding manufactured home parks), duplex, or individual townhouse residential development, a site plan shall be approved by the director in accordance with this subsection. No development of any other type shall be lawful or permitted to proceed without final site plan approval. All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site plan approval must be met at the time of development.

B.

Director review of specific developments. A site plan process whereby the director has authority to approve the site plan based on objective standards of this Code and the Design Review Manual shall be the only process required of the following types of projects:

1.

A housing project for multifamily housing on sites zoned R-U HD (including those referenced in Section 17.05.250.2 B 5);

2.

Accessory and Junior Accessory Dwellings;

3.

Priority Residential Infill Development (refer to Section 17.01.050.16 and

An emergency shelter and low barrier navigation centers.

5.

For certain housing development (see Section 17.01.050.13) that requires ministerial review of objective standards that are applicable to affordable and streamline housing developments in accordance with California Government Code Sections 65940 thru 65950 and 65913.4.

C.

Application requirements. A complete application for site plan approval shall be submitted to the director as set forth in Section 17.05.280, Standardized development approval procedures, and shall be accompanied by information as provided for in the application checklist maintained by the director.

D.

Decision criteria. A site plan permit shall be issued if the director finds that:

1.

All applicable objective requirements of this Zoning Code have been met;

2.

The project is consistent with the general plan;

3.

The project is consistent with the design review manual for ministerial reviews; and

4.

That the planning commission has approved the architecture of the building and site that are shown on the site plan; or that the structure is exempt from discretionary or design review.

17.05.250.3 Design review. For projects that require design review, project applications shall be accompanied by information as provided for in the application checklist maintained by the director and at a minimum include the following documentation:

A.

A completed maximum applied water allowance for the conceptual landscape design.

B.

A conceptual landscape design plan which demonstrates that the landscape will meet the landscape design specifications of the city engineering standards uniform design criteria for landscaping and irrigation.

C.

A conceptual irrigation design plan which notes the irrigation methods and design actions that will be employed to meet the irrigation specifications of the city engineering standards uniform design criteria for landscaping and irrigation.

D.

A grading plan which demonstrates the landscape will meet the specifications of the city engineering standards uniform design criteria for landscaping and irrigation.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.260.1 Conditional use approval.

A.

General. The standards of this section are applicable to all conditional uses. Individual conditional uses shall also comply with the applicable standards of Section 17.01.040, Standards for limited and conditional uses.

B.

Application. Applications for approval of a conditional use permit shall be on a form approved by the director.

C.

Standards for all conditional uses. All conditional uses shall comply with the following standards:

1.

The conditional use will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory;

2.

There is no practicable alternative location where the use is permitted as-of-right within one-quarter mile of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of providing a needed community service to a population that has limited mobility;

3.

The approval of the conditional use will not create a critical mass of similar conditional uses that is likely to tend to discourage permitted uses by making the vicinity less desirable for them; and

4.

The conditional use is conducted in a manner that is not materially more disruptive to adjacent properties than other permitted uses in the district unless the conditional use is temporary and the duration of the use

is limited to minimize the impact. Conditions of approval may be attached to the conditional use to ensure that this requirement is satisfied.

D.

Revocation of conditional use permit. If the conditions of approval of a conditional use permit are not complied with, then the planning and zoning commission may revoke the permit pursuant to a public hearing and shall notify the property owner in writing of such hearing.

17.05.260.2 Pattern book approval.

A.

Generally. This subsection applies to any of the following proposed developments:

1.

Residential development, where some or all of the lots will be less than the minimum lot standards of Section 17.02.090, Residential lot, yard and height standards;

2.

Traditional neighborhood development;

3.

Mixed housing cluster development; or

4.

Mixed use development, where residential and commercial uses are vertically or horizontally mixed.

B.

Contents of a pattern book. The pattern book is a design guide for a specific development. It is submitted by the applicant to address the design of individual buildings or dwellings. The pattern book ensures that the development will be attractive, creative, and harmonious within it and with the surrounding existing uses. In general, the pattern book shall address the following topics:

1.

A palette of development styles and materials;

2.

A concept of the public/civic spaces;

3.

A concept of streetscape design and landscaping;

4.

A concept landscaping plan for each building lot that shows intended compliance with Subsection 17.02.120.11, Water efficiency landscape standards; and

5.

Specific modifications of the requirements of this Zoning Code.

C.

Application.

1.

An application for pattern book approval shall accompany all applications for approval of the types of developments listed in Subsection A., above, and shall be accompanied by information as provided for in the application checklist maintained by the director.

D.

Decision criteria. Upon recommendation by the planning commission, the city council shall review the pattern book to ensure that it will accomplish the following objectives:

1.

Harmony. The project is designed in harmony with the neighborhood.

2.

Connectivity. The project is designed to be connected with the overall transportation network, and the street pattern is characterized by:

a.

A dense system of parallel routes, both east-west and north-south, with many streets providing through connections;

b.

Minimal use of culs-de-sac;

c.

Frequent intersections; and

d.

Frequent points of access.

Quality. In order to ensure visual interest, the pattern book shall demonstrate the following:

a.

Single-family homes (attached or detached) are designed to provide a unit that has a unified appearance from the street with any street facade (front facade and street side facade), having comparable treatment in materials, color and trim.

b.

If masonry is used on a front facade, it is also applied to side facades in one or more of the following ways:

i.

Masonry returns to a break in the side facade, such as a chimney, room projection, or projecting window area;

ii.

An architectural return is applied to all corners so that the greater of ten percent of the length of the side building wall or three feet is finished with masonry to the same height as the front facade;

iii.

An architectural detail with a minimum width of sixteen inches is applied, such as a pilaster that caps the masonry and the other material that completes the corner; or

iv.

A wing wall screens the view of the side of the building from the street.

c.

Detached single-family homes will be articulated and detailed, and shall avoid undue imposition of building mass on the street.

d.

There shall be some detailing of doors, windows and their trim that carries around the buildings sides so that they show a relationship to the general style and character of the front.

e.

Front porches will be provided on all detached housing types within one thousand three hundred twenty feet along street centerlines from the center subdistrict, and may be provided elsewhere and on other housing types.

f.

Balconies will be provided on all multi-story townhomes and multi-story multifamily buildings.

g.

Utility meters shall not be on front or side elevations unless screened by vegetation or other approved screening.

4.

Diversity. The pattern book shall demonstrate one or more of the techniques below:

a.

Varied housing types at a fine-grained scale. Mixing types on a smaller scale, even having differing dwelling unit types in a block face, is a technique to reduce monotony and add interest.

b.

Varied architectural styles. Different architectural styles (e.g., Colonial Revival and Neoclassical) can be used to vary the appearance of buildings with comparable floor plans. A number of elements, including roof type and orientation, roof pitch, eve overhangs, windows, doors, or decorative elements shall be specified for each architectural style that will be used in the development.

c.

Varied floor plans. The differences in floor plans must significantly alter the width and shape in order to present a building volume or mass that is different. Such differences include, but are not limited to:

i.

Minimum of ten percent difference in front facade width; or

ii.

Different forms (rectangle, L, or X shapes), if the differences affect the front facade; or

iii.

Different numbers of stories; or

iv.

Different symmetry (symmetrical or asymmetrical).

d.

Varied gable orientation. Front or side gable roofs shall be varied over the same floor plan.

e.

Varied elements. Such details may include trims, materials, color, window arrangement (grouping), window fenestration, doors, door lights, window and garage doors, porches, chimneys, bay windows, towers, and balconies, as necessary to create the required variation. The pattern book must include detailed elevations,

lists of specific elements to be used, and an explanation of how the elements will be mixed to differentiate nearby buildings.

f.

Averaged lot width. A pattern book may show that block faces will include lots of varying widths.

5.

Light and air. The pattern of development, and the open space available on each lot and for the community are such that adequate light and air are provided for residents.

6.

Pedestrian-orientation. The pattern book shall demonstrate that the residential areas of the development are designed for the comfort and convenience of the pedestrian, with continuous sidewalks; tree-lined, traffic-calmed streets; and architecture that provides street-level interest and accessibility.

E.

Conditions of approval. The city council may place conditions of approval on the pattern book as necessary to ensure compliance with the decision criteria of Subsection D., above.

A.

City initiated text amendments. The mayor, any member of the city council, or the city administrator may initiate an amendment to the text of this Zoning Code.

B.

Public hearings and notification. Text amendments to this Zoning Code shall follow the same process as a zoning case as provided in Subsection 17.05.260.6, Rezoning and prezoning.

C.

Planning commission recommendation required. No amendment to this Zoning Code shall be effective unless the city council has received a final report from the planning commission on the merits of the amendment.

A.

Generally. The purpose of administrative appeals is to provide an opportunity for affected parties to seek appellate review of a decision of a responsible official or the planning commission in a timely and inexpensive way. Administrative appeals are decided by the planning commission.

B.

Standards of review. The planning commission shall decide appeals according to the same standards that the decision-maker was to apply to the application.

C.

Scope of review. The planning commission shall review the application in the same manner as the decisionmaker. However:

1.

No evidence shall be presented to the appellate body that was not considered by the decision-maker; and

2.

No issues shall be reviewed by the appellate body that were not described or obviously implied by the petition for appeal.

D.

Parties to appeal.

1.

A person or entity may appeal an interpretation made by the director if it demonstrates:

a.

That final action of the city caused it injury;

b.

The injury is different in kind or degree from injury to members of the general public; and

c.

The injury can be remedied if the appeal is granted.

2.

Any person or entity that owns property within three hundred feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

E.

Appeal application. An administrative appeal is initiated by filing a written application, addressed to the planning commission, along with the required fee, which has been set by the city council by resolution. The notice of appeal shall include the following information:

1.

The name, address and telephone number of the petitioner;

2.

A reference to the specific Zoning Code provision in question;

3.

A statement indicating how the petitioner qualifies as a party, pursuant to either Subsections D.3., D.4., or D.5. above; and

4.

A specific statement regarding the director's interpretation and the different interpretation that the applicant seeks.

F.

Timing of appeal. Appeal petitions shall be filed within ten days of the date of the director's interpretation. Failure to file within ten days shall render the application null and void.

G.

Notice. Notice of the public hearing on an appeal shall be mailed to all property owners within three hundred feet of the boundaries of the parcel that is the subject of the appeal, and shall be published in a newspaper of general circulation in the city not less than fifteen days before the hearing.

H.

Public hearing and decision. The planning commission shall hold a public hearing on the appeal at the next available regular meeting, after having received the facts in the case from the director and hearing the appeal from the applicant. Decisions regarding appeals shall be reduced to writing, executed by the chair of the planning commission. Such written decisions shall include the factual basis for the decision and a record of the vote on the decision by the planning commission.

A.

Generally. Variances are variations from the strict application of this Zoning Code. Variances shall be granted only in the exceptional circumstances that are set out in Subsection C. An applicant for a variance is not required to have an application denied by the planning director before seeking the variance.

B.

Application. Applications for variances to the terms of this Zoning Code shall be submitted on a form approved by the director.

C.

De minimus variances. The director may, but is not required to, grant a variance without review by the planning commission if:

1.

The variance request is to a setback or height regulation; and

2.

The variance would result in substantial compliance, achieving ninety percent or more compliance with the minimum setback or maximum height requirement.

D.

Decision criteria. The planning commission may authorize a variance in height, lot area, and/or yard regulations only in cases where strict compliance with the terms of this Zoning Code would result in unreasonable hardship and only in a manner so as to grant relief without substantial injury to the public health, safety and general welfare. The planning commission shall not grant a variance unless and until the following conditions are satisfied:

1.

There are extraordinary and exceptional conditions pertaining to the subject property because of its size, shape, or topography that are not applicable to other lands or structures in the same district;

2.

The need for a variance or the extraordinary and exceptional conditions do not result from the actions of the applicant;

3.

Granting the variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district;

4.

A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;

5.

Granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

6.

The variance requested is the minimum variance that will make possible a permitted use of the land, building or structure;

7.

The variance will not permit a use of land, building or structure that is not otherwise permitted in the applicable district;

8.

The variance will not permit an intensity of use of land that is not permitted in the applicable district;

9.

The variance is consistent with the city's general plan; and

10.

No other relief is available through the application of alternative development standards or an alternative development configuration that is allowed by this Zoning Code.

E.

Conditions of approval. The planning commission may condition approval of the variance as necessary to protect the public health, safety and welfare.

F.

Expiration and extension. If the permit that is approved subject to a variance expires, then the variance shall become null and void without further action or notice. The planning commission may, at its discretion, grant one extension of the variance for up to twelve months.

G.

Revocation of variance. If the conditions of the approved variance are not complied with, then the director may revoke the variance and shall notify the property owner in writing of such revocation.

H.

Parties to appeal.

1.

A person or entity may appeal a determination made by the director if it demonstrates:

a.

That final action of the city caused it injury;

b.

The injury is different in kind or degree from injury to members of the general public; and

c.

The injury can be remedied if the appeal is granted.

2.

Any person or entity that owns property within three hundred feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

I.

Appeal application. An administrative appeal is initiated by filing a written application, addressed to the planning commission, along with the required fee, which has been set by the city council by resolution. The notice of appeal shall include the following information:

1.

The name, address and telephone number of the petitioner;

2.

A reference to the specific variance in question;

3.

A statement indicating how the petitioner qualifies as a party, pursuant to either Subsections H.1., or H.2. above; and

4.

A specific statement regarding the director's interpretation and the different interpretation that the applicant seeks.

J.

Timing of appeal. Appeal petitions shall be filed within ten days of the date of the director's decision on the variance. Failure to file within ten days shall render the application null and void.

A.

Generally. Rezoning is the change of the zoning classification that applies to a lot or parcel.

B.

Application. Applications for approval of a rezoning shall be on a form approved by the director.

C.

Public hearings and legal notification required. The planning commission shall hold at least one public hearing prior to making its recommendation to the city council. The city council shall also hold at least one public hearing on the rezoning request prior to making its decision. Legal notifications for the public hearings shall follow the requirements listed in Appendix B.

D.

Decision criteria. The city council may approve an application for rezoning after recommendation by the planning commission if:

1.

The request is consistent with the policies in the general plan;

2.

The request is consistent with the future land use map of the general plan;

3.

Public facilities are in place or committed that will provide an acceptable and appropriate level of service for development under the requested zoning classification;

4.

The rezoning would not cause untimely urban sprawl; and

5.

The rezoning would not cause material degradation of the quality of life of residential neighborhoods; including but not limited to such factors as:

a.

The creation of material of new demand for heavy truck traffic through the neighborhoods;

b.

The functional failure (degradation to level of service F) of any intersections within one thousand three hundred twenty feet of the entrances to the parcel for which rezoning is requested; or

c.

The introduction of uses that are prone to be nuisances when located near residential areas if insufficient spacing or room for buffering is available.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Design review process.

The city council hereby agrees to establish appropriate standards and guidelines herein referred to as the design review manual, for the use of persons planning developments and signage after the effective date that are subject to design review approval and paint colors.

2.

The design review manual will set forth in pictorial and/or narrative form to illustrate undesirable as well as desirable examples of design and appropriate paint colors.

3.

The design review manual shall include design standards and guidelines that apply to both discretionary and ministerial review. Those standards and guidelines identified for housing development (see Section 17.01.050.13) shall include variations for review of ministerial (objective) standards that are applicable to affordable and streamline housing developments in accordance with California Government Code Sections 65940 thru 65950 and 65913.4.

4.

The design review manual shall be available for public reference in the planning department.

B.

Design review procedures.

1.

The city council shall adopt a procedures document that sets forth the rules, procedures and criteria for conducting design review and approval of paint colors.

2.

A record copy of the current procedures document shall be maintained in the office of the city clerk and in the planning department. Copies shall be available to the general public.

A.

General. The standards of this section are applicable to all buildings and structures that require design review.

B.

Application. Applications for approval of design review shall be on a form approved by the director.

C.

Standards of approval. All projects subject to design review shall demonstrate consistency with the design review manual or certain housing projects that require ministerial review as referenced in Section

17.01.050.13, shall demonstrate compliance with objective design standards in accordance California Government Code Sections 65940 thru 65950 and 65913.4..

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Generally. The standardized approval procedures of this section apply to all applications for development approval that are set out in Section 17.05.240.2, Administrative permits and Subsection 17.05.240.3, Public hearing permits.

B.

Development approval process. In general, the approval procedures set out in this section are intended to be undertaken in sequence until the application is considered and decided by the approving body as identified in Subsection 17.05.240.2, Administrative permits or Susbection 17.05.240.3, Public hearing permits.

A.

Generally.

1.

A pre-application conference may be held for all applications for development approval. At the preapplication conference, the responsible official and other members of city staff, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the city and what information will have to be provided.

2.

Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the city staff.

B.

Meeting materials. Meeting materials submittal requirements shall be in accordance with the submittal requirements maintained by the director.

A.

Generally. Every application for development approval required by this Zoning Code shall be submitted on a form approved by the director, along with the corresponding application fee.

B.

Forms.

1.

The director may promulgate and periodically revise forms for each type of application required by this Zoning Code.

2.

Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:

a.

The evaluation of applications for compliance with the standards of this Zoning Code; and

b.

The administration of this Zoning Code.

C.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

1.

The schedule is posted at city hall and on the city's worldwide web site; and

2.

The schedule provides for applications to be submitted:

a.

At least once per week for applications listed in Subsection 17.05.240.2, Administrative permits, except site permits and building permits, which shall not be limited to certain days.

b.

At least twice per month for applications listed in Subsection 17.05.240.3, Public hearing permits.

3.

The schedule does not restrict the timing of notices of appeal.

A.

Generally. Within thirty business days after an application is submitted, the director shall review the application to verify that it is complete.

B.

Incomplete applications.

1.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.

2.

An application that does not include the applicable processing fee shall be deemed incomplete.

C.

Complete applications. Complete applications shall be processed according to the applicable procedures of this chapter.

A.

Administrative review. When the director determines that an application is complete, then he or she shall cause the application to be reviewed for technical compliance with all applicable requirements of this Zoning Code.

B.

Administrative recommendation or decision.

1.

If the application is for an administrative permit the director shall approve, approve with conditions, or deny the application, as appropriate; or

2.

If the application is for an administrative permit that requires ministerial review the director shall approve it when it complies with ojective standards of this code, and when applicable, objective design standards of the Design Review Manual; or

3.

If the application is for a public hearing permit, the director shall make a recommendation regarding the application and forward it to the next body that will consider it for further recommendation or approval.

A.

Generally. All projects that are subject to review by the design review committee, as determined by the procedures section of the design review manual, shall be considered by the committee.

B.

Decision or recommendation. The design review committee shall:

1.

Approve the application;

2.

Approve the application with conditions;

3.

Deny the application with direction to the director to return to the committee with a written document describing the findings for this action; or

4.

Continue the application.

5.

If the application is subject to ministerial review and is referred to the Design Review Committee by the director, the Committee's comments shall be limited to compliance objective standards of this Zoning Ordinance and with objective standards of the Design Review Manual in accordance California Government Code Sections 65940 thru 65950 and 65913.4.

In the case of required commission determination, the committee shall make a recommendation to the commission.

C.

Appeal of denied application.

1.

If the committee or commission denies an application and is otherwise the final decision body over the design of the project, then the applicant may appeal the decision to the city council.

2.

Appeal petitions shall be filed with the city clerk within fourteen days of the date of the committee's or commission's determination. Failure to file within fourteen days shall render the application null and void.

A.

Generally. All public hearing approvals require a public hearing before the planning commission, as may be required by Subsection 17.05.240.3, Public hearing permits.

B.

Hearing procedures. The planning commission shall adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure:

1.

Any person may appear at a public hearing, submit evidence, and be heard.

2.

If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.

3.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

4.

Citizens, applicants, and the city shall have the right to present expert witnesses.

5.

No action may be taken on items that are not on the planning commission agenda.

C.

Decision or recommendation. The planning commission shall:

1.

Approve the application;

2.

Approve the application with conditions;

3.

Deny the application with direction to the director to return to the commission with a written document describing the findings for this action;

4.

Continue the application.

5.

In the case of a rezoning, the commission shall make a recommendation to the city council.

D.

Appeal of planning commission decision. Any interested person may appeal a decision of the planning commission if it is otherwise the final decision making body over the application, to the city council.

1.

Grounds for an appeal. The applicant shall demonstrate grounds for appeal:

a.

That final action of the planning commission caused it injury;

b.

The injury is different in kind or degree from injury to members of the general public; and

c.

The injury can be remedied if the appeal is granted.

2.

Timing of appeal. Appeal petitions shall be filed with the city clerk within ten days of the date of the decision being appealed. Failure to file within ten days shall cut off the right of appeal.

3.

Standards to be reviewed. The city council will decide appeals according to the same standards that the planning commission was to apply to the application.

4.

Decision. The city council, after holding a public hearing, notice for which followed the same standards as for a rezoning, and in accordance with Subsection B., above, shall:

a.

Reverse the decision of the planning commission;

b.

Uphold the decision of the planning commission;

c.

Remand the case to the planning commission for consideration of specific points that were not previously considered in the case.

17.05.280.8 City council public hearing.

A.

Generally. Public hearing approvals that require a decision by the city council according to Subsection 17.05.240.3, Public hearing permits shall be heard at public hearing by the city council pursuant to this section.

B.

Hearing procedures. The city council shall adopt rules of procedure that are consistent with the following objectives:

1.

Any person may appear at a public hearing, submit evidence, and be heard.

2.

If a speaker represents an organization, the city council may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.

3.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

4.

Citizens, applicants, and the city shall have the right to present expert witnesses.

C.

Decision. After the public hearing on the application, and after having received a recommendation from the planning commission, the city council shall:

1.

Approve the application;

2.

Approve the application with conditions;

3.

Deny the application;

4.

Continue the hearing on the application; or

5.

Refer the application back to the planning commission for further review and recommendation.

A.

Continuances. Requests for continuance of any proceeding called for herein may be granted at the discretion of the body holding the public hearing. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.

B.

Withdrawal. Any applicant may withdraw an application, either in writing or on the record during the proceeding before the recommendation or decision is made.

C.

Automatic withdrawal. An application will be considered automatically withdrawn if there is no activity made on the application by the applicant during any thirty-day period. The director may issue a letter providing the applicant an opportunity to activate the application.

A.

Generally. Approval of an application authorizes only the particular use, plan, or other specific activity for which the approval was granted. Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.

B.

Continuity of approvals. Approvals run with the land that is the subject of the approval. Text amendments and use interpretations generally impact more than one parcel of land, and therefore are effective city-wide until repealed or modified in due course.

C.

Writing and findings required. Approvals shall be reduced to writing and shall include findings that support the decision. For administrative approvals, the approval and findings shall be signed by the responsible official. For discretionary approvals and appeals, the approval and findings shall be signed by the person who presided over the meeting in which the decision was made.

D.

Expiration of approvals.

Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 17.05.280.10, Time Limitations and Extensions, if either of the following occur:

a.

A building permit or site permit has not been issued to establish the use authorized in the approval; or

b.

The use does not require a building permit and is not established, ongoing, and in operation.

2.

Although a permit may expire, nothing in Subsection D.1., above, abrogates the right to seek a new permit. However, the new permit application will be decided based on its compliance with the standards that are in place at the time it is filed.

3.

Any approval not listed in Table 17.05.280.10, Time Limitations and Extensions, shall not expire. Such approvals shall continue in force until superseded by an amendment to this Zoning Ordinance, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

4.

In any case wherein demolition or removal of any existing structure is a part of design review approval, the demolition or removal shall be completed, and all debris removed from the site, within the specific period of days designated in the design review approval, or the entire design review approval shall be deemed to have expired for cause.

TABLE NOTE:

1 Unless specified otherwise in the approval. The approval may also specify periodic review, at which time the approval could be terminated.

2 If there has been no substantial change in the factual circumstances surrounding the originally approved design. The Director may make minor modifications of the approved design at the time of extension.

E.

Extensions of approvals.

1.

Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this subsection shall result in the approval's expiration as provided above.

2.

This subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the responsible official.

F.

Effect of appeals and litigation. If there is an appeal or litigation during the time period that limits the applicant's ability to proceed, the appeal or litigation shall suspend the expiration date of the approval, and the date shall be recalculated when the appeal or litigation, including appeals, is complete. The new expiration date shall be established by adding the number of days that the approval remained valid before the appeal or litigation commenced to the date the appeal or litigation was completed by a final, nonappealable order. This subsection does not apply if the litigation is related to enforcement of a violation of this Zoning Code.

A.

Generally. It is the policy of the City of Williams not to hear successive applications for the same approval after an application is denied. The limitations of this section prevent the consideration of successive applications for the same project.

B.

Time required between substantially similar applications. The city shall not accept any application that is substantially similar to an application that was denied within the period set out below:

Generally. Six months shall elapse between the date an application is denied and the date a substantially similar application is filed.

2.

Rezonings. Rezonings follow the general rule of Subsection B.1., above, except that if substantially similar rezoning applications are denied twice, two years shall elapse from the last date of denial before a new substantially similar application is accepted for processing.

C.

Appeal and waiver of restrictions.

1.

The responsible official's determination that an application is substantially similar to a denied application is subject to administrative appeal.

2.

In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the city council, which may grant the waiver for good cause shown.

A.

Certificate of occupancy required. All building permits issued by the city after the effective date shall be completed with the applicant's request for a certificate of occupancy.

B.

New construction. No newly constructed building or premises shall be occupied until a certificate of occupancy is issued.

C.

Change of use. No existing building that has been issued a building permit for a change of its use shall be occupied until a certificate of occupancy is issued.

D.

Final inspection.

1.

Site inspection. In addition to other inspections required by the city, the applicant shall request a final inspection, and allow access to the property, to confirm compliance with all requirements of this Zoning Code and conditions of plan and use approval.

Landscaping inspection. Prior to issuing a final certificate of occupancy the applicant shall submit a letter, signed by the landscape designer or landscape architect, certifying that the required landscaping and irrigation has been installed in accordance with the approved project design.

3.

Design review. A certificate of occupancy shall not be issued in part or whole for any building or group of buildings subject to design review unless and until the work specified in the design review approval has been completed.

E.

Decision criteria. The building official shall only issue the certificate of occupancy upon a finding that all requirements of this Zoning Code, conditions of approval, and other applicable code requirements are met.

A.

Grounds for deferral. In the event of a declared drought or during the winter season, or if the landscaping installation would otherwise have reduced probability of survival, the director may defer the installation of landscaping to a specified date.

B.

Surety required. A good and sufficient surety bond, case deposit or a letter of credit shall be filed with the director prior to the issuance of a certificate of occupancy. The surety bond shall be written by a surety company authorized to do business in this state. The letter of credit shall be issued by a bank which is authorized to do business in this state.

C.

Amount of surety. The bond, case deposit or letter of credit, shall be in an amount fixed by the director to insure that all landscape materials are provided and installed in accordance with the landscape plan plus twenty percent contingency to defray administrative costs.

A.

A certificate of completion is required for landscaping and irrigation work upon with completion of improvements.

B.

The certificate of completion shall include the following elements:

1.

Project information sheet that contains:

a.

Date;

b.

Project name;

c.

Project applicant name, telephone and mailing address;

d.

Project address and location; and

e.

Property owner name, telephone and mailing address.

2.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape plan package;

3.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certificate;

4.

A regular maintenance schedule that includes:

a.

Routine inspection;

b.

Adjustment and repair of the irrigation system and its components;

c.

Aerating and dethatching turf areas;

d.

Replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices.

An irrigation schedule that includes:

a.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

i.

The plant establishment period;

ii.

The established landscape; and

iii.

Temporarily irrigated areas.

b.

Information for each station for all of the following that apply:

i.

Irrigation interval (days between irrigation);

ii.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

iii.

Number of cycle starts required for each irrigation event to avoid runoff;

iv.

Amount of applied water scheduled to be applied on a monthly basis;

v.

Application rate setting;

vi.

Root depth setting;

vii.

Plant type setting;

viii.

Soil type;

ix.

Slope factor setting;

x.

Shade factor setting; and

xi.

Irrigation uniformity or efficiency setting.

6.

An irrigation audit report, that includes:

a.

Inspection;

b.

System tune-up;

c.

System test with distribution uniformity;

d.

Reporting overspray or runoff that causes overland flow; and

e.

Preparation of an irrigation schedule.

7.

Soil analysis report, if not submitted with the landscape plan package, and documentation verifying implementation of report recommendations. Irrigation audit report.

C.

The project applicant shall:

1.

Submit the signed certificate of completion to the city for review;

Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.

D.

The director shall:

1.

Receive the signed certificate of completion from the project applicant;

2.

Approve or deny the certificate of completion. If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.06 - MEASUREMENTS, CALCULATIONS, WORD USAGE AND DEFINITIONS

Sections:

17.06.290 - Measurements.

17.06.290.1 Open space. The following qualify as open space for the purposes of this Zoning Code:

A.

Outdoor recreation areas. All forms of outdoor recreation areas count as open space, including passive areas and nature reserves, ball fields, tennis courts, swimming pools and golf courses.

B.

Stormwater facilities. Open air stormwater facilities count as open space. These facilities may be permitted in floodplains even though they are protected from being part of the developed portion of the site.

C.

Bufferyards. The required bufferyards count as open space.

D.

Required landscape areas. Required landscape areas, such as parking lot landscaping areas, count as open space. However, landscaping of private lots in residential subdivisions is not counted as open space.

E.

Agriculture. Agriculture counts as open space in cluster, planned, or conservation cluster development options when it is part of the development plan.

F.

Resource protection areas. All areas that are protected natural resource count as open space.

A.

Generally. Lot width is the distance from one side lot line to the opposite side lot line at the front setback line. See Figure 17.06.290.2A, Measurement of Lot Width; Standard Lots:

Figure 17.06.290.2A Measurement of Lot Width; Standard Lots

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B.

Corner lots. Lot width (for regulatory purposes) is the distance from the interior side lot line to the side street lot line, measured at the front building line, minus the difference between the street yard setback and the side yard setback. See Figure 17.06.290.2B Measurement of Lot Width; Corner Lots:

Figure 17.06.290.2B

Measurement of Lot Width; Corner Lots

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C.

Irregular lots. Lot width is the distance from one side lot line to the opposite side lot line along the tangent of the curve representing the front building line. See Figure 17.06.290.2C Measurement of Lot Width; Irregular Lots. Generally, the front building line is the front setback line. However, if an alternative front building line has been established on the plat of a subdivision that is more distant than the front setback line from the front property line, then the lot width is measured at the alternative front building line.

Figure 17.06.290.2C Measurement of Lot Width; Irregular Lots

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17.06.290.3 Setbacks.

A.

Generally. Setbacks are measured from lot lines towards the center of the lot, as follows:

1.

Front setbacks are measured from the front lot line. The front lot line is the lot line that abuts the right-ofway from which the lot takes its address.

2.

Rear setbacks are measured from the rear lot line. The rear lot line is the lot line that is opposite from the front lot line.

3.

Side setbacks are measured from side lot lines. Side lot lines are lot lines that intersect with front lot lines.

B.

Flag lots. On flag lots, setbacks are measured as provided in subsection A., above, except that the front setback line is measured from the "shared lot line." See Figure 17.06.290.3, Setback Measurement:

Figure 17.06.290.3 Setback Measurement

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17.06.290.4 Height.

A.

Buildings. Building height is calculated by measuring the vertical distance from the average finished grade along the front building line to:

The highest peak or ridge line of the roof for pitched roof styles; or

2.

The top of the parapet for flat roof styles.

B.

Other structures. Structure height is calculated by measuring the vertical distance from the average finished grade around the base of the structure to the highest point on the structure. This measurement applies to:

1.

Structures without roofs (e.g., fences); and

2.

Amateur radio antennae, whether mounted on a roof, the ground, or another structure.

C.

Specialized structures and building appurtenances.

1.

Specialized structures and building appurtenances are not counted in the calculation of building height, provided that:

a.

They project not more than:

i.

Fifteen feet above the highest point on the building for buildings that are thirty-five feet in height or higher; or

ii.

Seven feet above the highest point on the building for buildings that are less than two stories in height.

b.

They occupy not more than ten percent of the total roof area of the building; and

c.

They are not used for human habitation, commercial, or industrial purposes, except as incidental to the operation of the building.

D.

Smokestacks and grain elevators. Smokestacks and grain elevators shall be permitted to a height of ninety feet in the AR, BP, and IN districts. In other districts, they are subject to Subsection C., above.

17.06.290.5 Floor area. Floor area is measured as the horizontal area of all habitable building floors in square feet, measured from the outside face of all exterior walls. No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells) unless specified in the applicable section as an exemption.

17.06.290.6 Separation of adult-oriented businesses. The required separation distances of Subsection 17.01.030.9, Adult-oriented business zoning, shall be made using a straight line, without regard to intervening structures or objects, from the nearest property line of the parcel on which the adult-oriented business is proposed to be located to the nearest property line upon which is located the church, other religious institution, public park, school or library that is the subject of measurement. The distance between an existing adult-oriented business shall be measured in a straight line between the principal front doors of each business without regard to intervening structures or objects.

17.06.290.7 Noise levels. Noise levels shall be measured:

A.

By a sound level meter, set to A-weighted decibels;

B.

On the property that is receiving the noise, which is the site intended to be protected under the regulations of this Zoning Code; and

C.

Outside of a building and on a line located ten feet inside the property of the premises receiving the noise, and at a height of six feet above that ten-foot line. If there is a building located within the ten-foot area, the measurement shall be taken outside of the building from a line abutting the exterior wall.

(Ord. No. 244-21, § 1, 7-21-2021)

17.06.300 - Calculations.

17.06.300.1 Base site area.

A.

Generally. Base site area is used to calculate gross density. See Subsection 17.06.300.4, Density.

B.

Calculation. Base site area equals the total area of the parcel proposed for development (gross site area), minus the sum of the areas of the following:

1.

Land within the planned right-of-way of existing streets or streets that are on the adopted thoroughfare plan of the City of Williams.

2.

Land that is within major utility rights-of-way that are wider than fifty feet.

3.

Land that is cut off from development by railroads, limited access highways, waterbodies, or wetlands and is not proposed for development.

4.

Land that has previously been set aside as protected open space (e.g., subject to a conservation easement, plat restriction, or condition of development approval.). See Figure 17.06.300.1, Illustrative Calculation of Base Site Area:

Figure 17.06.300.1

Illustrative Calculation of Base Site Area

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17.06.300.2 Net buildable area.

A.

Generally. Net buildable area is used to identify the area of a parcel where development will occur and that is not in the protected open space.

B.

Calculation. Net buildable area is equal to the lesser of:

Base site area (calculated as provided in Subsection 17.06.300.1, Base site area) minus areas of open water (streams are measured to the ordinary mean high water mark) and delineated wetlands that were not already subtracted from the area of the parcel proposed for development to calculate the base site area (e.g., wetlands or open water areas that are within previously dedicated conservation easements, or cut off from development by a limited access highway, are not subtracted more than once); or

2.

The total area of the parcel proposed for development minus the area of open space required for the development type in Subsection 17.06.300.1, Residential area and density and parcel standards. See Figure 17.06.300.2, Illustrative Calculation of Net Buildable Area:

Figure 17.06.300.2

Illustrative Calculation of Net Buildable Area

Using a thirty percent open space ratio for illustrative purposes, the net buildable area for the illustration on the left is calculated as base site area minus areas of open water and delineated wetlands; and the net buildable area for the right-hand illustration on the right is calculated as the total area of the parcel proposed for development minus the area of required open space.

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17.06.300.3 Open space ratio.

A.

Generally. OSR refers to open space, which is a measure of "green" space and areas of open water on a parcel proposed for development.

B.

Calculation of requirement. This subsection sets out how to calculate how much commonly-owned open space is required in a residential development.

The amount of commonly-owned open space that is required in a residential development is calculated as the required OSR (see Table 17.02.080.1, Residential Area and Density Standards) times the total area of the parcel proposed for development.

2.

The amount of open space that is required in a nonresidential development is calculated as the required OSR (see Table 17.02.100.2, Nonresidential Open Space and Building Scale) times the total area of the parcel proposed for development.

3.

The required OSR is a minimum requirement. An increased OSR may result if the sum of the areas required for compliance with bufferyard requirements, natural resource protection requirements, stormwater management requirements, parking lot landscaping requirements, recreation requirements, and state or federal environmental laws is greater than the open space that would be required by application of the minimum OSR.

C.

Calculation of compliance. This subsection sets out how to calculate the OSR of a proposed development, in order to determine whether it complies with the requirements of this Zoning Code.

1.

The OSR of a parcel proposed for development is calculated by dividing the total amount of commonlyowned open space on the parcel by the total area of the parcel. See Figures 17.06.290.3A, Illustrative Measurement of Residential Open Space Ratio and 17.06.290.3B, Illustrative Measurement of Nonresidential Open Space Ratio.

2.

Open spaces that qualify for the calculation of OSR include all areas of commonly-owned open space that are larger than three hundred twenty contiguous square feet in area, including but not limited to:

a.

Bufferyards (whether required by this Code or not);

b.

Areas of protected natural resources;

c.

Stormwater management systems (except enclosed systems);

d.

Passive recreation areas; and

e.

Parking lot landscaping.

3.

Open spaces that do not qualify for the calculation of OSR include any areas on private, buildable lots and any commonly-owned open space that is less than three hundred twenty contiguous square feet.

Figure 17.06.300.3A

Illustrative Measurement of Residential Open Space Ratio

EXAMPLE: 6 acres of Common Open Space divided by 12 acre Area of Parcel Proposed for Development equals 50% OSR

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Figure 17.06.300.3B

Illustrative Measurement of Nonresidential Open Space Ratio

EXAMPLE: 5 acres of Bufferyards, Parking Lot Landscaping, and Drainage Facilities divided by 12 acre Area of Parcel Proposed for Development equals 41.7% LSR

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17.06.300.4 Density. Density is the number of dwelling units per acre of base site area (see Subsection 17.06.300.1, Base site area). Accessory dwelling units are not counted in the total number of dwelling units when calculating density if they conform to the provisions of California Government Code Section 65852.150 et seq. An example calculation is provided in Figure 17.06.300.4, Illustrative Density Calculations:

Figure 17.06.300.4 Illustrative Density Calculations

EXAMPLE: 28 Homes are planned for an 11-acre parcel.

GROSS DENSITY The parcel proposed for development is 11 acres. 2.5 acres (including forest and open water) were previously dedicated as a conservation easement, and 0.2 acres within planned right-of-way of abutting street. There are no areas within major utility corridors or cut off from development. Therefore, the Base Site Area is 11 - 2.5 - 0.2, or 8.3 acres. 28 homes divided by 8.3 acres equals a gross density of approximately 3.38 units per acre.

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17.06.300.5 Lot area. Lot area is the area within the lot lines. See Figure 17.06.300.5, Illustrative Lot Area Calculation:

Figure 17.06.300.5 Illustrative Lot Area Calculation EXAMPLE The example at right is a rectangular lot. 80 feet Wide TIMES 125 feet Deep EQUALS 10,000 square feet Lot Area

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17.06.300.6 Building coverage.

A.

Building coverage. Building coverage is the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions are measured between the exterior faces of walls.

B.

Building coverage ratio. Building coverage ratio is building coverage divided by lot area. See Figure 17.06.300.6, Building Coverage Ratio Illustration:

Figure 17.06.300.6

Building Coverage Ratio Illustration

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17.06.300.7 Maximum applied water allowance. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).

17.06.300.8 Estimated total water use. The estimated total water use shall be calculated using the equation below:

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(Ord. No. 244-21, § 1, 7-21-2021)

17.06.310 - Word usage; abbreviations; and acronyms.

A.

Generally. The rules of this section shall be observed and applied when interpreting this Zoning Code, except when the context clearly requires otherwise.

B.

Word usage. Words shall be interpreted as follows:

1.

Unless the context clearly indicates otherwise, words used or defined in one tense or form shall include other tenses or forms.

2.

Unless the context clearly indicates otherwise, words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

3.

The masculine gender shall include the feminine. The feminine gender shall include the masculine.

4.

The words "shall" and "will" are mandatory.

5.

The words "may" and "should" are permissive.

6.

The word "person" includes individuals, partnerships, firms, corporations, associations, trusts, and any other similar entities or combination of individuals.

C.

Statutory and United States Code References.

1.

References to the California Statutes or United States Code shall be interpreted to mean the most current version of the referenced section at the time the reference is applied. If a referenced section is repealed and replaced by another section of the California Revised Statutes or United States Code with comparable subject matter, the replacement section shall control. If a referenced section is repealed and not replaced, the repealed section shall control if it is within the home rule powers of the city to effectuate such result, or the application shall be held for up to twelve weeks for the city to revise this Zoning Code to resolve the reference and establish an appropriate policy.

2.

Where referenced sections authorize the promulgation of administrative rules, references to the California Statutes or United States Code shall be interpreted to include the phrases "and rules promulgated thereunder."

17.06.310.2 Abbreviations and acronyms. Table 17.06.310.2, Meaning of Acronyms and Abbreviations, sets out the meaning of the acronyms and abbreviations used in this Zoning Code:

Table 17.06.310.2

(Ord. No. 244-21, § 1, 7-21-2021)

Access, primary means the driveway connection to a roadway or access easement that has the highest volume of vehicular use. Typically these driveways are the largest of all other access driveways to a site, and may have increased traffic control such as a longer stacking area on-site, and/or dividers such as curbs or medians. Access, primary means the driveway connection to a roadway or access easement that has the highest volume of vehicular use. Typically these driveways are the largest of all other access driveways to a site, and may have increased traffic control such as a longer stacking area on-site, and/or dividers such as curbs or medians.

Accessory use or accessory structure means a use of land, structure, or building, or portion thereof, that is commonly associated with, incidental, and subordinate to a principal use, and located on the same lot or parcel with such principal use.

Accessory dwelling unit means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on the same lot as the proposed or

existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Affordable housing development means development project that results in adding residential dwellings or mixed use projects consisting of at least 2/3rds of the square footage of the buildings devoted to residential uses which are restricted to lower income families as defined in California Health and Safety Codes Section 50106. Affordable housing development may also include supportive and transitional housing (also see "Housing development").

Agrarian club facility means a facility devoted to the operation of an agricultural or rural related organization. The term includes, but is not limited to horse riding fields; Head, Heart, Hands and Heart (4-H) grounds, polo fields, and rodeo grounds.

Agricultural support/rural services means uses that support agricultural uses, including:

1.

Farm supply services and feed stores;

2.

Farm equipment dealers; and

3.

Grain storage.

Agriculture, crops means the growing, cultivating, and harvesting of plants, including vegetables, grains, seeds, nut and fruit trees, etc. The term includes tree orchards.

Airport means aircraft take-off and landing fields and flight training schools; or airstrips for personal aircraft for the private use of an individual.

Alcoholic beverage sales, offsite consumption means a business whose floor space is primarily devoted to the retail sale of beer, wine, or other alcoholic beverages for off-premises consumption and which requires a license under state regulations.

Alcoholic beverage sales, onsite consumption means a business whose floor space is primarily devoted to the sale of beer, wine, or other alcoholic beverages for on-premises consumption and which requires a license under state regulations.

Alley means a public way or lane less than twenty-five feet in width which affords a secondary means of access to abutting property.

Animal boarding facility means any premises where any combination of dogs, cats or other household pets, totaling four or more animals, six months of age or older, are kept, boarded or bred for the intention of profit.

Antenna means any tower, mast or "satellite dish" used to transmit or receive radio, television, microwave, or other telecommunication or data communication for personal or commercial purposes and is considered a structure.

Antique means any object of fine art or household furniture or appliances which was produced more than one hundred years ago.

Antique store means a store or shop that primarily sells objects of art, household furniture, or appliances, all of which are over one hundred years old.

Applied water means the portion of water supplied by the irrigation system to the landscape.

Arcade-fun center means any business which has on its premises six or more amusement devices.

Asphalt or concrete plant means a concrete or asphalt batch plant that is assembled on a site for the construction of a particular improvement.

Attached facilities means an antenna that is attached to an existing building or structure such as utility poles, signs, water towers, rooftops, towers with any accompanying pole or device, which anchor the Antenna to the existing building or structure along with associated connection cables and an equipment shelter that may be located either inside or outside the existing building or structure.

Attached housing means dwelling units that are attached to each other on at least one side, possibly divided from one another by firewalls or other physical partitions.

Assisted living facility means a residential facility that makes available to three or more adults room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that is available on a twenty-four-hour basis, but not to the extent that regular twenty-four-hour medical or nursing care is required. This phrase does not include any facility licensed in this state as a residential care facility.

Automatic irrigation controller means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Automobile service, light means services for passenger vehicles to include oil changes, lube jobs, vehicle inspection services, brake replacement, and tire stores. The term does not include more involved automobile repair such as body shops, engine repair, transmission repair, etc.

Backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Bed and breakfast inn means a place of lodging that:

A.

Provides five or fewer rooms for short-term rental;

B.

Is the owner's personal residence; and

C.

Is occupied by the owner at the time of room rental.

Block means an area of land that is surrounded on all sides by streets or other transportation rights-of-way or by physical barriers such as water bodies or public open spaces. Blocks are normally, but not necessarily, divided into lots.

Bufferyard means a strip of land between two parcels that contains vegetation that provides adequate, year-round visual screening as well as protection from glare and particles that would otherwise potentially negatively impact an adjoining use.

Build-to line means a required distance from the front or side street property line on which the front or side street facing wall must be located.

Building envelope means the area on a lot that is bounded by setback lines, on which development of a principal building is permitted.

Building line, front means the line along the front wall of a building and extending to the side property lines.

Building official means the person that has been authorized by the City Manager to interpret and enforce the latest approved Building Codes for the City of Williams.

Building plot means a parcel or group of parcels dedicated to a definable development, such as a shopping center, a townhome cluster, a medical campus, etc. For developments that occur after the effective date, the building plot will be determined by the City Planner or designee at the time a building permit is issued, or in the case of a multiple phases or lot development, at the time the first building permit is issued. On existing sites, the building plot will be determined by the City Planner or designee at the time such determination becomes necessary.

Building park area means an area defined by the outer perimeter of all contiguous acreage that is zoned B- P.

Building, urban style means a structure where the main entrance and fifty percent or more of the front wall of the building is located on the front property line or within ten feet of it. Front door access to multi-family units is internal and not open to the elements. The term applies to apartment buildings, brownstones, and townhomes. The term does not include a grouping of buildings with the same or similar footprint that are an apartment complex.

Caliper means a method of measuring the diameter of a tree trunk. The measurement is taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper is measured at twelve inches above the ground. The measurement is taken according to the methodology set out in the most current edition of the American Standard for Nursery Stock, published by the American Nursery and Landscape Association.

Candela means a unit of luminous intensity.

Canopy trees means tree whose leaves would occupy the upper level of a forest in a natural ecological situation. These trees are also called shade trees or large trees, and typically reach heights of fifty to one hundred feet at maturity.

Cargo container means a container that was originally designed as an intermodal freight container that could be transported by ships, trains, cargo planes, and trucks.

Check valve means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

Child care, commercial means a facility, by whatever name known, that is commercially run and maintained for the whole or part of a day for the care of children who are eighteen years of age or younger whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The phrase "child care center" includes, but is not limited to facilities commonly known as:

A.

Day care centers;

B.

School-age child care centers;

C.

Before and after school programs;

D.

Nursery schools;

E.

Kindergartens;

F.

Preschools;

G.

Day camps;

H.

Summer camps;

I.

Centers for developmentally disabled children;

J.

Facilities that give twenty-four-hour care for children;

The term does not include any facility licensed as a family child care home nor a foster care home.

Cohousing means a group of seven to seventy residential units (cottages, single-family detached, lot lines, or duplex types) that are organized according to a site plan that encourages interaction among residents, and which includes a common house and other common facilities (e.g., open space, playground equipment, gardens, etc.). The residential units typically face each other across a pedestrian street or courtyard, with cars parked on the periphery. The common house typically includes a common kitchen, dining area, sitting area, children's playroom and laundry, and also may contain a workshop, library, exercise room, crafts room and/or one or two guest rooms. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' cohousing standards, is also included in this term.

Collectible means any object, art, furniture, appliance or other article of personal property which is not an antique, but which was produced more than thirty years ago and whose current market value is greater than when it was produced. Examples of items which may be considered collectibles include, but are not limited to, certain rugs, dolls, coins, gems, medals, stamps, baseball cards and jukeboxes.

Collectible store means a store or shop whose inventory is substantially comprised of collectibles.

College/university/vo-tech means a community college, college, university, vocational/ technical school, trade school, language school, business school, training center, beauty school, culinary school, and comparable advanced or continuing education facilities. The phrase does not include music schools, fitness centers, sports instruction, swimming instruction, or martial arts instruction.

Commercial amusement, indoor means uses that provide commercial amusement indoors (except sexually oriented businesses), including, but not limited to:

A.

Bowling alleys and pool rooms;

B.

Indoor sports arenas

C.

Movie theaters and live theaters;

D.

Indoor skating rinks (ice or roller); and

E.

Video arcades.

Commercial amusement, outdoor means uses that provide commercial amusement outdoors (except sexually oriented businesses), including, but not limited to:

A.

Outdoor arenas or stadiums (including, but not limited to, amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities);

B.

Amusement parks or theme parks;

C.

Fairgrounds;

D.

Miniature golf establishments;

E.

Golf driving ranges;

F.

Water slides; and

G.

Batting cages.

Commercial retail means commercial and retail uses that do not include regular outside storage or sales. This phrase includes uses that are comparable to the following:

A.

Furniture and home furnishings stores;

B.

Electronics and appliance stores;

C.

Paint and wallpaper stores;

D.

Hardware stores;

E.

Food and beverage stores;

F.

Health and personal care stores;

G.

Clothing and clothing accessory stores;

H.

Sporting goods, hobby, book, and music stores;

I.

General merchandise stores; and

J.

Miscellaneous store retailers.

Commercial stables means the stabling, training, feeding of horses, or the provision of riding facilities for the use of anyone other than the resident of the property. Equestrian trails that are constructed as part of the common open space of a subdivision and intended for the exclusive use of residents of the subdivision are not commercial stables.

Commercial vehicle means:

A.

Any motor vehicle, trailer, or semi-trailer that:

1.

Is designed or used to carry freight, other vehicles, equipment, passengers for a fee, or merchandise in the furtherance of any business enterprise; and

2.

Has a gross weight of more than ten thousand pounds;

B.

Any step van or truck that is designed for commercial moving or parcel delivery services;

C.

Any truck that is used for retail sales (e.g., ice cream, lunches);

D.

Any vehicle with more than four wheels that is used for business purposes;

E.

Any trailer that is used to haul machinery, supplies, or equipment for business purposes (horse trailers, boat trailers, motorcycle trailers, RV trailers, and car trailers put to personal use are not included in the definition);

F.

Any trailer that is used for commercial hauling (e.g., waste, junk, or lawn clippings), or commercial moving services;

G.

Any tracked vehicle used for construction or excavation; and

H.

Any vehicle which has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment, unless such vehicle is used for on-call emergency services contracted by the City or other governmental entity.

Commercial warehousing/logistics means indoor warehousing, distribution, or logistics facilities; retail distribution centers; order fulfillment centers; and moving and storage services (including full-service moving and storage and indoor storage of shipping containers). The phrase does not include self-storage; warehousing and distribution that are accessory to a light industrial or heavy industrial facility, and parcel service drop-off locations that are not accessory to a parcel service processing facility.

Common area means an area of land that is not located within a privately owned lot or on a publicly owned parcel, in which the property owners in the subdivision share an ownership interest. The term includes, but is not limited to, detention ponds serving more than one lot, landscaped areas, open space that is not dedicated to the public, and pedestrian trails that are not dedicated to the public.

Community care facility means any facility, place or building which is maintained and operated to provide nonmedical residential care, day care or homefinding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons, and includes the following:

A.

Residential facility, which means any family home, group care facility, or similar facility determined by the planning commission for twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

B.

Day care center, which means any facility which provides nonmedical care to persons 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.

C.

Foster family home, which means any residential facility providing twenty-four-hour care for six or fewer foster children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. Such placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents or guardian.

Conforming means that a use, structure, or site complied with all applicable development regulations at the time the use was established, the building permit for the structure was issued, or the site work was begun.

Construction yard, temporary means an area used temporarily to stage construction of a site or infrastructure and may include storage of materials, manufactured construction offices, and associated activities only for the duration of the construction project.

Cottage home cluster development means small single-family detached residences, with first floor areas of less than one thousand square feet, which are closely spaced in a cluster around a green space, and that are arranged to provide common open spaces, sized according to minimum open space ratios that are established by this Zoning Code. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' cottage home housing standards, is also included in this term.

Cottage home housing means small single-family detached residences, with first floor areas of less than one thousand square feet, which are closely spaced around a green area. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' cottage home housing standards, is also included in this term.

Figure 17.06.320 A Cottage Homes

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Cut-off luminaire means an outdoor lighting fixture, or luminaire, with shields, reflectors, or refractor panels which direct and cut off the light at an angle that is less than ninety degrees, in order to ensure that the light from the fixture illuminates an area of ground or wall plane without spilling over onto adjacent property or exposing a light source to view from adjacent property or rights-of-way. See Figure, Illustrative Cut-off Luminaire.

Day-care center, family and adult day-care home:

A.

Day-care center means a land use to which children are taken for care and/or educational experience, other than that of a public or private school, while parents or legal guardians are unavailable to watch the children for periods of less than eighteen hours with no land-use limit on the number of children within the facility unless otherwise specified in the facility's permit.

B.

Small family day-care home means a day-care center in the home of the person operating the facility, and providing care for no more than eight children, including children who are members of the provider's family. (Health & Safety Code § 1597.44)

C.

Large family day-care home means a day-care center in the home of the person operating the facility, and providing care for no more than fourteen children, including children who are members of the provider's family. (Health & Safety Code § 1597.46)

D.

Day health care center means a land use to which adults, generally those over the age of sixty, are taken for care or activities while the children or guardians of the adults are unavailable to watch or care for the adult. (Health & Safety Code § 1570.7)

Deck means an exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.

Density means the total number of dwelling units permitted per acre of land. Accessory dwelling units are not counted in the total number of dwelling units when calculating density. For the purpose of applying maximum density provisions in the General Plan and this Zoning Ordinance, density is calculated in terms of a round number. If the calculated density number results in a fractional number, it shall be rounded to the next highest whole number if the fraction is one-half or more; otherwise it shall be rounded down to the next lowest whole number. Accessory and junior accessory dwellings shall not be considered part of this density calculation if it conforms to the provisions of California Government Code Section 65852.150 et seq.

Density bonus means a density increase over the otherwise maximum permitted density for residential dwelling units as specified by the zoning district.

Design review manual means a set of standards and guidelines adopted by the city council and periodically updated that provides design direction of the city's expectations regarding the aesthetics and functionality of new development, alterations to existing development, and sign proposals in the city.

Developer means any person, firm, partnership, joint venture, limited liability company, association, or corporation who participates as owner, promoter, developer, or agent in the planning, or development of a subdivision or development.

Development means any activity that occurs on a piece of property, other than a special event. The term includes any moving of dirt, fill, cut, placement of products or construction materials (other than for the purposes of staging on an adjacent parcel), the placement of a movable structure (other than a sales or construction office), and the diversion or redirection of drainage.

Development project means project for which a city building permit is required, and which project is a commercial, industrial or institutional building or structure, a residential building having five or more dwelling units and where solid waste is collected and loaded, or any residential subdivision or project where solid waste is collected and loaded in a location serving five or more dwelling units. The term does not include any application for a building permit for the alteration, enlargement, repair, improvement, conversion or renovation of an existing building or structure which does not add fifty percent or more to the existing floor area of the building or structure.

Director means the Planning Director for the City of Williams, or the person given the authority to interpret and enforce the Zoning Code by the City Administrator.

Discretionary means review and/or action, by the City which requires the exercise of judgment or deliberation that may include approval, conditional approval, or disapproval of an activity or project. Discretionary is distinguished from ministerial review whereby the Director or other decision making body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations that would be considered non-discretionary or ministerial.

cise of judgment or deliberation that may include approval, conditional approval, or disapproval of an activity or project. Discretionary is distinguished from ministerial review whereby the Director or other decision making body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations that would be considered non-discretionary or ministerial.

Disposal means facilities for the disposal of non-nuclear waste or fill, or the composting of organic wastes. The term includes landfill and composting facility.

District means the zoning classification with associated use and bulk regulations that apply to all parcels within the zoning classification.

Downtown fringe street lots means lots with frontage on Fifth Street, Sixth Street, Seventh Street, Eighth Street, E Street, and F Street that are zoned C-S.

==> picture [128 x 173] intentionally omitted <==

Figure 17.06.320 C Downtown Fringe Street Lots

Drip irrigation means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants

Drive-thru facility means a place where vehicles line up for service at designated spots and where customers are served without leaving their vehicles (except for gasoline service stations).

Driveway means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area and extending to a maximum width equal to the curb cut approved by the Public Works Director.

Duplex, over-under means a single-family attached unit type that includes two units that are separated by a floor that is not penetrated for the purpose of interior access between the two units. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' duplex housing standards, is also included in this term.

Duplex, side-by-side, means a single-family attached unit type that includes two units that are attached along a common wall that is not penetrated for the purpose of interior access between the two units. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' duplex housing standards, is also included in this term.

Duplex unit means a single-family attached unit type that includes two units that are attached along a common wall or separated by a floor that is not penetrated for the purpose of interior access between the two units. The standard duplex has side-by-side units with a common wall (the units may be divided into separate lots along the common lot line for individual fee-simple ownership). The units in the over-under duplex are located on different floors (the units may be accessed via separate outside entrances or through a common foyer area). Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' duplex housing standards, is also included in this term.

Dwelling unit means a habitable room or group of internally connected or more habitable rooms, designed to be occupied by one family, with facilities for living, sleeping, cooking, eating and sanitation. that has

permanent sleeping, cooking, eating and sanitation facilities which constitute on independent housekeeping unit, occupied by or intended for one household on a long-term basis.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Effective date means the date that Ordinance No. 244-21 became effective.

Effective precipitation means the portion of total precipitation which becomes available for plant growth.

Electrical substation means a subsidiary station of an electricity generation, transmission, and distribution system where voltage is transformed.

Elevation, building means the principal vertical planes of the building. Buildings typically have four elevations: a front elevation (or front façade), two side elevations, and a rear elevation.

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less consistent with California Health and Safety Code Section 50801(e).

Employee housing means housing for employees as described in California Health and Safety Code Section 17008 and shall be subject to the provision of Health and Safety Code sections 17021.5 and 17021.6.

Encroachment means:

A.

A building or structure, or part thereof, that is located:

1.

Between a lot line and the nearest required setback line for the building or structure; or

2.

In an easement which does not allow for the building or structure; or

B.

A part of a building or structure that crosses a lot line:

1.

Into another lot under separate ownership; or

2.

Onto a right-of-way.

Established landscape means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Establishment period means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth

Estimated total water use (ETWU) means the total water used for the landscape.

Evapotranspiration adjustment factor (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.7)=(0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing nonrehabilitated landscapes is 0.8.

Evapotranspiration rate (ETo) means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Event facility or banquet hall means a facility that may temporarily hold a large number of persons that attend a special use such as a conference, ceremony, exhibit, etc. Meals may or may not be served or made available in such facilities.

Extraction means uses that involve extraction of minerals and fossil fuels from the ground, including surface and subsurface mining and quarrying facility.

Facade means an elevation of a building that provides the principal expression of the building to a street.

Factory built housing means a residential building, dwelling unit or an individual dwelling room or combination of rooms thereof or building component, assembly or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted pursuant to California Health and Safety Code Section 19990. Factory-built housing does not include a mobile home, a recreational vehicle or a commercial modular.

Family means one or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and there is a sharing of household activities, expenses, experiences and responsibilities.

Farmer's market means a designated area where, on designated days and times, growers of farm produce and producers of value-added food products may sell directly to the public from open or semi-open facilities in accordance with these regulations.

Farm product, warehousing, processing, and storage means the work involved to turn agricultural products into sellable goods, and the housing of such goods.

Farm stand means a temporary or permanent structure or vehicle used for the sale of agricultural produce in-season, at least fifty percent of which is grown by the seller or farmers within twenty-five miles of the City

limits. Farm stand operators are not itinerant vendor sales.

Farmstead means a commercial farm, all of its buildings, and the surrounding fields, operating as a unit.

Farmworker housing means housing used by farmworkers as described in California Health and Safety Code Sections 17021.5 and 17021.6.

Final map means a subdivision map supported by complete engineering data, prepared in accordance with the conditions of an approved tentative map, and in acceptable form for processing and filing for record, as provided in Title 16 of the City of Williams Code of Ordinances.

Fire chief means the Fire Chief for the City of Williams, or designee.

Flow rate means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

Footcandle means a unit of measure for illuminance, and is equal to one lumen per square foot.

Fortune telling means a service providing consultation which is derived from a variety of methods, such as palm and tarot card reading and astrology.

Foster care means a residence of a family or person that gives temporary day to day care to a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care. The term includes any foster care home receiving a child for regular twenty-four-hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency.

Foster family home means any residential facility providing twenty-four-hour care for six or fewer children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.

Front building line means a horizontal line across the portion of the primary facade of a building that is closest to the street.

General plan means broad planning guidelines for future development goals in the City that provides policy statements to achieve those development goals established in accordance with California Government Code Section 65302.

Garage sale means the temporary use of a dwelling unit or residential property to display tangible personal property for sale to the public, where the property that is offered for sale was obtained for the personal use of a resident of the premises. Garage sales are also commonly known as estate sales, yard sales, basement sales, attic sales, and rummage sales.

Green roofs means a roof of a building that is partially or completely covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane with associated watering and drainage systems. Container gardens on roofs, where plants are maintained in pots, are not generally considered to be green roofs

Health care facility means any facility, place or building which is organized, maintained and operated for the diagnosis, care, prevention and treatment of human illness, physical or mental, including after

convalescence and rehabilitation and including care during and after pregnancy or for any one or more of these purposes, for one or more person, to which the persons are admitted for a twenty-four-hour stay or longer. "Health care facility" shall include general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, intermediate care facility/developmentally disabled habilitative, special hospital or intermediate care facility/developmentally disabled.

Hardscape means any durable material (pervious and non-pervious).

Heavy industry means:

A.

Primary processing or manufacturing or repair operations not specifically defined elsewhere in this section, which involve:

1.

An outside storage area that is larger than the area of the first floor of buildings on the same lot;

2.

A material risk of environmental contamination, explosion, or fire;

3.

Perceptible ground vibration;

4.

Perceptive noise or dust;

5.

Emission of objectionable odors; or

6.

More than twelve trips by semi trailer trucks per day; or

B.

Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores, or fossil fuels; or

C.

Industries that are required to undergo new source review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to Title V of the Federal Clean Air Act.

D.

For illustrative purposes, heavy industrial uses include, but are not limited to:

1.

Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furnace process); petroleum refineries; petroleum storage and transfer units (except retail gasoline stations); and bulk fuel dealers;

2.

Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);

3.

Portland cement plants;

4.

Sawmills and pulp mills;

5.

Incinerators with the capacity to charge more than two hundred fifty tons of refuse per day;

6.

Lime plants; phosphate rock processing plants; sulfur recovery plants; and hydrofluoric, sulfuric, or nitric acid plants;

7.

Fossil fuel combustion (boilers or electricity generation) totaling more than two hundred fifty million BTUs per hour of heat input;

8.

Fabrication of building materials such as countertops, drywall, and cut stone;

9.

Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated homes or home components;

10.

Auto or marine body, paint, or upholstery shops;

Drycleaner processing plants that use PERC or comparable petrochemical solvents;

12.

Meat or seafood processing plants;

13.

Manufacture of glass products (e.g., window panes, bottles and jars), except hand-blown products;

14.

Manufacture of plastic products (except assembly of parts that are manufactured elsewhere);

15.

Plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding (but not brazing); arc welding with equipment that is rated at more than two hundred amps; TIG welding; and other heavy welding procedures (e.g., for structural steel, automotive body, or heavy equipment manufacture or repair);

16.

Hot mix asphalt plants;

17.

Regional wastewater utilities;

18.

Fossil fuel power plants, waste-to-energy plants, and biomass plants that produce more than one hundred megawatts of electricity;

19.

Fossil fuel power plants.

Heavy retail, home center means retail and/or service activities that have seasonal outside service or outside storage areas, and / or larger than average enclosed floor areas devoted to commercial use, as listed below:

A.

Home centers that display and sell principally furniture, floor coverings, pianos and organs, and large appliances;

B.

Lumber and other building materials that does not cover more than twenty-four percent of the sales area;

C.

Lawn, garden equipment, and related supplies stores, where the merchandise is within an enclosure;

D.

Warehouse clubs and super stores;

E.

Recreational equipment rental where the equipment is stored within an enclosure;

Heavy retail, lumberyard and equipment means retail and/or service activities that have primarily outside service or outside storage areas, or partially enclosed structures, as listed below:

A.

Permanent retail operations that are located outside of enclosed buildings, except nurseries;

B.

Lumber and other building materials;

C.

Lawn, garden equipment, and related supplies stores, where the merchandise is displayed outdoors;

D.

Recreational equipment rental where the equipment is stored outdoors;

E.

Heavy truck or recreational vehicle leasing or sales;

F.

Manufactured home sales; and

G.

Industrial or construction equipment leasing or sales.

Helistop means an area used for the take-off and landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific users or purposes (e.g., tenants of a corporate park; a hospital trauma center; etc.), and the term does not include facilities for general helicopter aviation use.

Hospitals/walk-in clinics/birthing center/surgical facility means hospitals, walk-in clinics, birthing centers, and medical laboratories, including general medical and surgical hospitals and specialty hospitals. The term "hospitals" does not mean alcoholism or drug rehabilitation facilities, nor does it mean primarily medical offices where patients are generally seen by appointment (although the offices may be integrated into the primary use).

al facility means hospitals, walk-in clinics, birthing centers, and medical laboratories, including general medical and surgical hospitals and specialty hospitals. The term "hospitals" does not mean alcoholism or drug rehabilitation facilities, nor does it mean primarily medical offices where patients are generally seen by appointment (although the offices may be integrated into the primary use).

Home occupation means any accessory use conducted within a dwelling, accessory building or private recreation area (such as a pool or tennis court or yard area), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential zone of which it is a part.

Homeowner-provided landscaping means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. The term does not include speculative homes.

Housing development means any development project that results in adding residential dwellings or mixed use projects consisting of at least 2/3rds of the square footage of the buildings devoted to residential uses. Housing development shall also include supportive and transitional housing (also see "Affordable housing development").

Housing element means broad planning guidelines for future housing goals in the City that provides policy statements to achieve those development goals as part of the General Plan that have been established in accordance with California Government Code Section 65583.

Hydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

Illuminance means the amount of light falling on a surface and is measured in footcandles.

In home childcare means a State licensed family day care home serving children where care, protection and supervision are regularly provided in the caregiver's own home for periods of less than twenty-four hours per day, while the parents or guardians are away. The permitted number of children shall include children under the age of ten years who reside at the home.

Impound yard means a place where cars towed by law enforcement are locked up.

Infiltration rate means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species.

Irrigation audit means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor.

Irrigation efficiency (ie) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71.

Junior accessory dwelling unit or JADU means a residential unit that is no more than 500 square feet in size, is contained entirely within an existing or proposed single-family structure, includes its own separate living facilities as defined in accordance with Government Code Section 65852.22, as amended from time to time.

Kitchen means any area within any structure including one or more of the following facilities that are capable of being used for the preparation or cooking of food: oven/microwave oven, stove, hotplate, refrigerator exceeding six cubic feet, dishwasher, garbage disposal, sink having a drain outlet larger than 1.05 inches in diameter and cabinets, counter space or other areas for storing food.

Lamp means a source of light, commonly referred to as a bulb.

Landscape area means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

Landscape project means total area of landscape in a project as defined in "landscape area" for the purposes of this Zoning Code.

Light industry means uses that involve research and development, assembly, compounding, packaging, testing, or treatment of products from previously prepared materials, with limited outside storage and limited external impacts or risks; or wholesale uses; or rental or sale of large items that are stored outside. For illustrative purposes, light industry uses include:

A.

Assembly, testing, or refurbishing of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;

B.

Offices of general contractors, specialty subcontractors, or tradesmen which include:

1.

Bay door access to indoor storage of tools, parts, and materials;

2.

Parking of commercial vehicles; or

3.

Outdoor storage areas that are smaller than the area of the first floor of the building that are used for storage of materials or vehicles that are less than twelve feet in height.

C.

Communications facilities, except wireless telecommunications facilities;

D.

Data centers, server farms, telephone exchange buildings, and telecom hotels;

E.

Food production and packaging other than meat and seafood processing and restaurants;

F.

Furniture making or refinishing;

G.

Manufacture of textiles or apparel;

H.

Screen printing of apparel;

I.

Printing and publishing, except copy centers (which are commercial and personal services), and except printing presses that require a Stationary Source permit or Title V permit for air emissions (which are heavy industry);

J.

Research and development, scientific testing, and product testing;

K.

Disassembly of consumer electronics and / or appliances into component parts, where all operations and storage are within an enclosed building;

L.

Manufacture or compounding of pharmaceutical products, dietary supplements, health and beauty products, and herbal products; and

M.

Packaging of products.

Live work means a townhome that includes square footage in an area that is internally separated from the residential area that is devoted to occupational endeavors.

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

Living space means the improved interior 'habitable' area within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.

Local street means a local street as defined in the City of Williams Circulation Element. The term does not include an alley.

Lot means a parcel of land under one ownership used or capable of being used under the regulations of this title, and including both the building site and all required yards and other open spaces and frontage as defined in this chapter.

Lot, corner means a lot located at the junction of two or more intersecting streets with a boundary line thereof, bordering on each of such streets. The side bearing the property address shall constitute the front of the lot.

Lot of record means a lot as it is specifically drawn on a legally recorded subdivision plat.

Lot size group means a grouping of lots into small, average, and large lots by the proposed lot size.

Lot width means the average distance between side lot lines.

Low barrier navigation center means a housing shelter focused on "Housing First, low-barrier, serviceenrichment for the purpose of moving people into permanent housing. In accordance with California Government Code Sections 65660 through 65668, this housing shelter use provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelters and housing.

Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Lumen means a unit of luminous flux.

Luminaire means an entire lighting unit, including one or more lamp, reflector, refractor, diffuser, baffle, lense, and other devices to distribute the light, and parts that position and protect the lamp and connect the lighting unit to the power supply.

Major road means Freeways, Highways, Major and Minor Arterials, and Major Collectors, as identified in the City of Williams Circulation Element. The term does not include Minor Collector or Local Streets as identified in the Circulation Element.

Manufactured home means a structure constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width or 40 body feet or more in length, in the traveling mode or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and which is placed on a permanent perimeter foundation. "Manufactured home" also includes any structure that meets all the requirements of this paragraph for which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.,

Sec. 5401 and following). If not placed on a permanent foundation the manufactured home is defined as a mobile home as set forth in Section 17.02.365.

Maximum applied water allowance (MAWA) means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area.

Medical marijuana dispensary means any facility or location where medical marijuana is made available to and/or distributed by or to three or more persons who are primary caregivers, qualified patients, or persons with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq.

Mined-land reclamation project means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

Ministerial means an action taken by the City involving little or no personal judgment. Under the Zoning Ordinance, these actions might involve reviewing fixed (objective) standards involving no subjective judgement in deciding whether or how a project or activity should be carried out, such as reviewing a proposed development to comply with building height or building setback requirements of the City's regulations.

Mini-storage warehouse means a building or buildings used for storage which is divided into sub-spaces intended to be rented individually.

Minor collector means a minor collector as defined in the City of Williams Circulation Element.

Minor project means a change to a building or site where the Director has determined it to be aesthetically insignificant, or minor or incidental, and therefore not subject to design review.

Mixed housing cluster means a residential development that consists of a variety of lot sizes and more than one housing type.

Mixed use means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development.

Mobile home means a manufactured structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width or 40 body feet or more in length, in the traveling mode or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a dwelling with or without a foundation when connected to required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein as set forth in Health and Safety Code Section 18008. Mobile home includes any structure that meets all the requirements of this paragraph and is either certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. Section 85401 and following) or complies with state standards for mobile homes in effect at the time of construction. Mobile home does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, a commercial coach or a manufactured home as defined by state law.

Mobile home park means an area of land where two or more mobile home spaces are used, rented, leased or held out for use, rent or lease, to accommodate mobile homes for human habitation. For purposes of this Chapter, "mobile home park" shall not include a mobile home subdivision, stock cooperative or any park where there is any combination of common ownership of the entire park or individual mobile home spaces. This shall not include recreational vehicle parks or portions of parks that include recreational vehicle spaces.

Model homes / on-site real estate offices means a dwelling unit that is temporarily used as a model to display the layout and finishes of other dwelling units that are or will be available for sale within a subdivision or condominium development. Sales Office means: a dwelling unit within a subdivision; a dwelling unit within a condominium; or a modular unit that is temporarily used as a sales office for a subdivision or condominium.

Mulch means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Multifamily means a building that includes three or more dwelling units, which are not designed as townhomes or multiplex buildings. Multifamily also means two or more residential units that are located on the upper floors of a mixed-use building. Transitional or supportive housing, that complies with State of California program requirements, and that meets the City of Williams' multifamily housing standards, is also included in this term.

Multiplex means a residential building that is constructed to look like a large single-family detached residence. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' multiplex housing standards, is also included in this term.

Nadir means the direction pointing down from the lowest light emitting part of the Luminaire.

New construction means structures for which the start of construction commenced on or after the effective date.

Nonconforming building or use means a building or use which is lawfully existing at the time that provisions of this title create a situation in which the building or use is in conformity with any of such provisions.

Non-discretionary. See ministerial,

Nursery or greenhouse, wholesale or retail means an enterprise that conducts the retail and / or wholesale sale of plants grown on the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes.

Nursing home means a residential facility that is maintained primarily for the care and treatment of inpatients under the direction of a physician. The patients in such a facility require supportive, therapeutic, or compensating services and the availability of a licensed nurse for observation or treatment on a twentyfour-hour basis. Nursing care may include but is not limited to terminal care; extensive assistance or therapy in the activities of daily living; continual direction, supervision, or therapy; extensive assistance or

therapy for loss of mobility; nursing assessment and services which involve assessment of the total needs of the patient, planning of patient care, and observing, monitoring, and recording the patient's response to treatment; and monitoring, observing, and evaluating the drug regimen. "Nursing home" includes intermediate nursing facilities for the mentally retarded or developmentally disabled.

Off-street parking development standards means a set of standards that have been duly adopted by the City Council, and that regulate the design and layout of parking lots, including the parking stalls, access aisles, landscaped areas, buffer yard locations, and other areas associated with the parking lot.

Official zoning map means the duly adopted zoning map for the City of Williams.

Operating pressure means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

Outdoor recreation means public or private parks, neighborhood swimming pools, neighborhood ball fields, tennis courts, and other such uses providing recreational opportunities for the community at a neighborhood scale.

Overhead sprinkler irrigation system means a system that delivers water through the air (e.g., spray heads and rotors.

Overnight accommodations means places that offer overnight accommodations for short-term rental in increments of not less than 20 hours, including hotels and motels. This term also includes hotels that offer convention facilities or meeting rooms. This term does not include a bed & breakfast inn.

Overspray means the irrigation water which is delivered beyond the target area.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of a separate building.

Parking lot means an area of land, a yard or other open space on a lot used for or designed for use by standing motor vehicles.

Parking space means land or space privately owned, covered or uncovered, laid out for, surfaced and used or designed to be used by a standing motor vehicle.

Patio means a hardscaped ground level area, usually (but not necessarily) paved with concrete or decorative pavers, that adjoins a home and is designed for use as an area for outdoor lounging, dining, or other comparable leisure activities.

Patio house means a home that is built on or near the side property line to allow an increased side yard on the opposite side of the home. A patio house is a detached, single-family unit typically situated on a reduced-size lot that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space. Transitional or supportive housing, that complies with State of California program requirements, and that meets the City of Williams' patio house standards, is also included in this term.

Figure 17.06.320 D Patio House

==> picture [300 x 191] intentionally omitted <==

Pawn shop or pawnbroker means a business that offers secured loans to individuals, where personal property is physically held as collateral at the place of business. Property that has not purchased back by the borrower within the specified time-frame is then made available for retail sale at the place of business.

Planning commission means the Planning and Zoning Commission as established and defined under Chapter 2.24 of the City of Williams Code of Ordinances.

Plant factor means a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species".

Person means any individual, partnership, corporation, joint stock association, trustee, receiver, assignee, or personal representative thereof. It also includes any city or state or any subdivision thereof to the extent that the City has jurisdiction over their activities that are within the scope of this Zoning Code.

Personal services means a use that provides non-medical services that are generally used on a recurring basis, and generally require one-to-one interaction between the proprietor or employee and the customer in order to provide the service. Examples of personal services include beauty and barber shops and tailoring. The phrase does not include "professional services, instruction, or counseling."

Police chief means the Police Chief for the City of Williams, or designee.

Porch, enclosed means a covered entrance to a building or structure which is enclosed by walls or windows. Porches generally project out from the main wall of the building, and may have a separate roof or a roof that is integrated with the building to which it is attached. This definition includes porches that are enclosed by solid walls that are at least 30 inches in height, used in conjunction with or instead of balustrades or railings.

Porch, open means a covered entrance to a building or structure which is not enclosed by walls or windows, but may have columns that support the porch roof and railing. Porches generally project out from the main wall of the building, and may have a separate roof or a roof that is integrated with the building to which it is attached.

Precipitation rate means the rate of application of water measured in inches per hour.

Primary dwelling unit means an existing single-family residential structure that conforms with all zoning regulations in effect

Private club means organizations or associations of persons for some common purpose, such as a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for-profit or to render a service which is customarily carried on as a business. Examples of private clubs include (but are not limited to) 4-H Clubs, veterans organizations, Boy Scout and Girl Scout facilities, Elks Lodges, YMCA, YWCA, private community clubhouses, golf clubhouses, and fraternities and sororities that do not include residential facilities. The phrase "private club" does not include organizations with a principal purpose of serving alcoholic beverages to its members or others.

Priority residential infill development program means a program established by resolution of the City Council that identifies particular properties within the City that receive priority development review processing and may vary from typical design and development standards of the Zoning Code.

Professional office, general means uses in which professional, outpatient medical, or financial services are provided. The term includes:

A.

Accounting, auditing and bookkeeping;

B.

Advertising and graphic design;

C.

Architectural, engineering, and surveying services;

D.

Attorneys and court reporters;

E.

Banks, mortgage companies; and financial services;

F.

Call centers;

G.

Computer programming;

H.

Corporate headquarters;

I.

Counseling services;

J.

Data processing and word processing services;

K.

Detective agencies;

L.

Government offices;

M.

Insurance;

N.

Interior design;

O.

Medical, dental, and chiropractic offices;

P.

Real estate sales;

Q.

Research and development that does not include on-site manufacturing;

R.

Retail catalog, internet, and telephone order processing, but not warehousing; and

S.

Virtual office services.

Professional services means services that principally involve communication between the proprietor or employee and the client, and which may involve services to more than one client at a time by a single proprietor or employee, including music instruction, yoga instruction, dance instruction, martial arts instruction, marriage counseling, and financial planning. The phrase does not include "personal services."

Protective care means housing where the residents are assigned to the facility and are under the protective care of the county, state, or federal government. This use includes: jails or prisons; work release; psychiatric hospitals; and comparable facilities.

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

Rain sensor means a component which automatically suspends an irrigation event when it rains.

Recreational area means an area dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

Recreation, indoor means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature. Specifically excluded from the definition are health and exercise clubs and commercial amusement uses. This phrase includes:

A.

Community recreation centers;

B.

Gymnasiums;

C.

Indoor swimming pools; or

D.

Tennis, racquetball, or handball courts.

Reasonable accommodation means provision of disabled persons flexibility in the application of land use and zoning regulations and procedures or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include adjustments to standards such as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

Recreation, outdoor means uses that provide recreation opportunities outdoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature (except for golf courses or skate parks, which may be commercial in nature). The phrase "recreation, outdoor" includes public areas for active or passive recreational activities including, but not limited to:

A.

Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis courts;

B.

Golf courses (regardless of ownership or membership);

C.

Skate parks, manned or unmanned;

D.

Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or

E.

Other passive recreation-oriented parks, including picnic areas, and garden plots.

Recreational vehicle means a motorhome, travel trailer, park trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with an area of less than four hundred eighty square feet and consistent with California Health and Safety Code Section 1810. Recreational vehicle shall also include trailered boats.

Recycling drop off collection facility means a facility or land use, regardless of name or title, at which recoverable resources, such as newspapers, magazines, glass, metal, plastic materials, tires, grass and leaves, and similar items, except hazardous waste and medical waste are collected, cleaned, sorted, stored, flattened, shredded, dismantled, crushed, bundled, or separated by size, grade, quality, or type, and compacted, baled, or packaged for shipment or delivery for the eventual manufacture of new products.

Redevelopment means any of the following:

A.

The complete demolition of a principal building, followed by the construction of a new building which occupies a different footprint than the original principal building; or

B.

The destruction of a principal building to an extent that is equal to or greater than fifty percent of its assessed value, followed by reconstruction and repurposing of the building for a type of use for which the original building was not designed; or

C.

Expansion of a principal building by more than fifty percent of its floor area.

Rehabilitated landscape means any relandscaping project that requires a building permit or design review where the modified landscape area is equal to or greater than two thousand five hundred square feet.

Residential care facility, large means any state licensed family home, group care facility or similar facility family home, group care facility, or similar facility providing twenty-four-hour non-medical care for more than six persons in need of personal services, supervision or assistance essential for sustaining the

activities of daily living or for the protection of the individual. The term includes, but is not limited to, foster care homes.

Residential care facility, small means any state licensed family home, group care facility or similar facility family home, group care facility, or similar facility providing twenty-four-hour non-medical care for up to six persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. The term includes, but is not limited to, foster care homes.

Restaurant, drive-in or drive-through means a restaurant located either within a retail center, or situated on its own freestanding pad, which:

A.

Contains a drive-in or drive-through facility;

B.

Primarily serves food that is prepared and packaged within five minutes; and

C.

Customarily serves food in disposable containers.

Restaurant, no drive-in or drive-through means an establishment that serves prepared meals to customers for consumption on-site or off-site, but does not include drive-in or drive-through facilities (but may include designated parking spaces for "curbside pickup" of food ordered in advance if the curbside pickup is a clearly subordinate function to the restaurant's operations), and includes:

A.

Full-service restaurants;

B.

Limited-service eating facilities; and

C.

Special food services.

Salvage yard means any site, or portion of a site, that is used to store used equipment and/or construction materials for the purpose of future reuse or resale. If a salvage yard is located on the same site as another established use, the salvage yard area shall be considered a separate freestanding primary use, even if it serves all or a portion of the other established use.

Sanitarium means a hospital or institution for the treatment of chronic diseases or for medically supervised recuperation.

Secondary dwelling unit refers to accessory and junior accessory dwelling unit.

Secondhand goods means any goods, objects, clothes, furniture, art, appliances, or wares that have been previously purchased and/or used and which are not antiques.

Secondhand store means a store or shop that primarily sells goods, objects, clothes, furniture, art, appliances or wares that have been previously purchased and/or used and which are not antiques.

Self storage means an establishment that offers for rental, lease, or ownership of individual bays that are intended for the storage, warehousing, or safe-keeping of goods or possessions, regardless of the duration of such storage, warehousing, or safe-keeping.

Setback, alternative means a flexible distance regulation that may be applied instead of the general setback if the alternative setback would result in a structure that is compatible with the development pattern in the immediate neighborhood.

Setback, general means a minimum distance that is required from a lot line to a building, structure, or sign, as the context requires.

Senior Independent Living Center (SILC) means a multiple residential structure(s) that provide housing for occupants who are fifty-five years or older. In the case of double occupancy of a unit, only one resident is required to be at least fifty-five years of age. Such a center shall consist of, but not be limited to, individual units, community dining centers, and common recreation areas. The facilities are physically accessible to elderly citizens. The individual units may be in the form of multiplexes, cottages, townhouses, patio homes, or single-family homes. Generally, senior independent living centers will provide two meals per day, provide transportation for residents, and offer indoor and outdoor recreational areas.

Sidewalk means any public walkway, right-of-way, easement, or fee ownership used or available for pedestrian circulation and/or access.

Sidewalk dining means the use of a portion of a sidewalk for outdoor consumption of food and beverages.

Sign-related definitions:

A.

Sign means any sign, identification, display, illustration, device or visual representation designed and used for the purpose of communicating a message, advertising, and/or identifying or attracting attention to a premises, product, service, person, activity, business or event, and shall include all of its structure and component parts. "Sign" shall not include any flag of the United States of America or State of California, or any display of merchandise outside of a business.

B.

Sign area means the entire area in square feet of a sign within a single continuous perimeter composed of squares, rectangles, circles or other shapes which enclose the extreme limits of the sign, including all background or structural material that is utilized in the expression of the message. The sign area of a multifaced sign shall be the sum of the face areas, except where the sides are parallel, back to back and separated by no more than eighteen inches, in which case it shall be determined by the larger of the faces.

C.

Abandoned sign means a sign that no longer applies to the business, property or site due to the closing of a business, lack of a business license, change in the business name, or for any other reason rendering the sign not applicable to the parcel involved, or any sign that is not maintained in a safe and good condition, including the replacement of defective parts, painting, repainting and cleaning.

D.

Attached sign means any sign attached to, made a part of, or included on any building surface (also known as a wall sign).

E.

Billboard means an off-premises sign, primarily, but not exclusively used for a commercial purpose, and designed for changing copy.

F.

Communal tenant sign means a pole sign advertising three or more businesses.

G.

Directional sign means a sign that contains instructions or directions for locating a business, service or use.

H.

Exterior illuminated sign means a sign illuminated from any light source outside the sign that is intended to illuminate the sign, and does not include illumination from background street lights, parking area lights, and other exterior lights.

I.

Freestanding sign means an appurtenant sign that has its own support structure placed on or in the ground and is not attached to a building.

J.

Height of sign means the height of a sign measured by the vertical distance from the average grade of the adjacent ground level within five feet of the base of the sign to the uppermost top of the sign. If a sign is located on a building or structure, the height of the sign shall be measured from the ground level on which the building or structure is located.

K.

Identification sign means a sign that identifies a residential area, shopping center or shopping district, industrial area or industrial district, or other residential, commercial or industrial site or area containing a minimum of two acres with an integrated site and design plan creating a single unified development with one or more uses.

L.

Interior illuminated sign means a sign illuminated from a light source that is contained within the sign.

M.

Linear frontage means the linear distance in feet that any parcel fronts on any city street, and shall not include alley frontage or Interstate 5 frontage.

N.

Off-premises sign means a sign which advertises or directs attention to a business, product, place, activity, service or event sold, offered or provided upon a parcel in the City of Williams other than the parcel where the sign is located or to which it is attached.

O.

On-premises sign means a sign which advertises or directs attention to a business, product, place, activity, service or event sold, offered or provided upon a parcel in the City of Williams where the sign is located or to which it is attached.

P.

Multiple business center means a group of businesses that functions as an integral unit on a single parcel, or on contiguous parcels under the same management, and that utilizes common off-street parking and access (e.g., shopping center).

Q.

Pole sign means a freestanding sign which is supported by itself, one or more uprights, poles, or braces in or upon the ground or by a structure other than a building.

R.

Political sign means a sign which is used for the express purpose of identifying a candidate for elected office, political party, campaign issue, ballot measure or proposition, or other related political matter concerning any national, state or local election. Sandwich Sign and/or Portable Freestanding Sign.

S.

Sandwich sign and/or portable freestanding sign means a sign that is designed to be movable and is not structurally attached to the ground, a building, a structure, or any other sign. Such sign may or may not be in the configuration of an A.

T.

Temporary sign means any sign, pendant, banner, streamer, flag, poster, balloon or other display intended to identify or advertise an event, occurrence or matter of temporary nature, limited duration and/or present interest only.

Single-family attached housing means a residence housing a maximum of one family that may have a firewall dividing it from an adjacent similar unit, where under the regulations of this Zoning Code no yard is

required to separate the units. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' single-family attached housing standards, is also included in this term.

Single-family attached cluster means a development of single-family attached dwelling units that are arranged to provide common open spaces, sized according to minimum open space ratios that are established by this Zoning Code. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' single-family cluster housing standards, is also included in this term.

Single-family detached housing means a residence housing a maximum of one family located on an individual lot with a yard on each side of the unit. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' single-family detached housing standards, is also included in this term.

Single-family detached cluster means a development of single-family detached dwelling units that are arranged to provide common open spaces, sized according to minimum open space ratios that are established by this Zoning Ordinance. Transitional or supportive housing that complies with State of California program requirements, and that meets the City of Williams' single-family cluster housing standards, is also included in this term.

Single room occupancy shall mean a structure with a small residential room or more rooms designed to provide living facilities for one person, often with cooking facilities and with private or shared bathroom facilities. These structures are also defined in the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the California Health and Safety Code Section 17000 et seq.

Special landscape area (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

Specialized structures and building appurtenances means:

A.

Roof structures for the housing of elevators, stairways, tanks, or similar equipment required to operate and maintain the building;

B.

Architectural towers, steeples, flagpoles, ventilating fans, chimneys, smokestacks (except as provided in subsection D., below);

C.

Skylights, photovoltaic (solar-electric) panels, and solar water heaters; and

D.

Satellite dishes and antennae that are regulated in this Zoning Code.

Specialty use means a commercial use that includes, but is not limited to:

A.

Tattoo parlors;

B.

Shops where smoking tobacco and other products is permitted, such as a cigar shop or hookah bar;

C.

Shops that principally sell paraphernalia associated with the use of illicit drugs, such as water pipes, roach clips, glass pipes, pipe screens, vaporizers, rolling papers, rolling machines, scales or balances, blacklightresponsive posters, incense, cigarette lighters, whipped-cream chargers and taps, and products claimed to give false negative results for drugs on urinalysis tests;

D.

Secondhand stores;

E.

Retail stores that stock some sexually related goods but not at the volume where they are classified as a sexually oriented business;

F.

Movie rental stores and theaters that offer some sexually explicit movies but not at the volume where they are classified as sexually oriented businesses;

G.

Pawn shops;

H.

Bail bonds;

I.

Fortune telling; and

J.

Payday loans and check cashing stores.

Sphere of influence means the area outside of and adjacent to the Williams City Limits, where authority has been granted to the City by the State of California for potential future annexation areas.

Station, as it relates to irrigation, means an area served by one valve or by a set of valves that operate simultaneously.

Storage yard means any site, or portion of a site, that is used for to store new equipment and/or construction materials for the purpose of future use or sale. If a storage yard is located on the same site as another established use, the storage yard area shall be considered a separate freestanding primary use, even if it serves all or a portion of the other established use.

Streamline housing means a housing development project that meets the qualifications of Government Code Section 65913.4 and therefore is eligible for a ministerial and streamlined approval process (refer to Section17.01.050.13).

Street means a public or permanent private way twenty-five feet or more in width which affords a primary means of access to property.

Structure means anything constructed or erected upon the ground or attached to a structure having location on the ground.

Subdistrict means a subcategory of a main zoning classification, where the use regulations are uniform throughout the subcategories but the bulk regulations will differ by subcategory.

Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Swing joint means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

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

Townhouses, weak link and standard means attached units where the units are lined up in a row with units sharing side walls. The weak-link townhouse has both a one- and two-story portion of each unit and is therefore wider than the standard townhouse.

Figure 17.06.320 E Weak-Link Townhouses

==> picture [413 x 156] intentionally omitted <==

Traditional neighborhood development means development that consists of a variety of residential lot sizes and more than one housing type, along with neighborhood supportive nonresidential development, designed so that its internal streets tend to give equal or greater dignity to the pedestrian compared to the automobile.

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

Trucking means storage; warehousing and distribution that are part of the operation of a light industrial or heavy industrial facility, and parcel service drop-off locations that are part of the operation of a parcel service processing facility. Trucking also means trucking facilities for the service and storage of trucks and large equipment, excluding salvage materials.

Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

Understory trees means a tree whose leaves would occupy the intermediate level of a forest in a natural ecological situation, generally not exceeding 20 to 30 feet at maturity. These trees are also called small or ornamental trees.

Use means the activity for which land or buildings are designed, occupied or maintained.

Vacation rental means a residential dwelling unit or other living area within a dwelling unit that is provided for compensation for fewer than thirty consecutive days.

Valet parking means a parking service whereby attendees deliver vehicles to a managed location.

Veterinarian, large animal means an animal hospital or clinic that provides services for horses and other livestock.

Veterinarian, small animal means veterinary clinics and hospitals that provide care for small domestic animals such as dogs, cats, and birds. The term does not include large animal and livestock veterinarians.

Waste transfer station means the use of land or a facility, regardless of name or title, to unload waste of any kind or type from vehicles, and, with or without intermediate processing such as compaction, sorting, or shredding, subsequently re-load the waste onto other vehicles for delivery to another transfer site, storage site, or disposal site. The phrase "waste transfer station" includes a facility for drop-off of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard, and other discarded household materials), where the materials are sorted, temporarily stored, and then shipped in bulk to other locations for processing. The phrase "waste transfer station" does not include a wastewater treatment facility.

Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use

hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features.

Water use classification of landscape species (WUCOLS) means the document thus entitled and published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000.

Watering window means the time of day irrigation is permitted.

Wholesale means an establishment or place of business primarily engaged in selling and / or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise to such individuals or companies. The use is not considered a general commercial use.

Wireless telecommunication facilities, attached facilities means an antenna that is fully supported by an existing structure, light pole, flag pole, or other object. The term does not include amateur radio operators' antennae that are less that fifty feet from the ground to its highest point.

Wireless telecommunication facilities, non-stealth facilities means a tower or pole that holds antennae. The term does not include amateur radio operators' antennae that are less that fifty feet from the ground to its highest point.

Wireless telecommunication facilities, stealth facilities means a tower that has been designed to blend in with its environment. The term does not include monopoles unless their design has been altered to blend in with its environment. The term does not include amateur radio operators' antennae that are less that fifty feet from the ground to its highest point.

Yard means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site.

Yard, front means a yard extending across the full width of the lot measured between the street line (or the lot line connected to a street by legal access) and the nearest line of the main building or enclosed or covered porch. For purposes of determining yard setbacks only, the front yard of a corner lot is the yard adjacent to the shortest street frontage, or may be the side of the lot which contains the street address where the front door is located, as determined by the Director.

Yard, rear means a yard extending between the side yards of the lot and measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot.

Yard, side means a yard on either side of the lot extending from the front yard to the rear lot line, the width of each yard being measured between the side line of the lot, and the nearest part of the main building or enclosed porch.

Zone district, zoning district, or district means an area of the City delineated on the official zoning map, designated by name or abbreviation as provided in the regulations of this Zoning Code.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.07 - INTERPRETATIONS, REMEDIES AND LEGAL STATUS

Sections:

A.

Generally. Interpretations of land uses shall be in accordance with the definitions set out in Section 17.06.300, Definitions, and the standards for interpretation set out in Subsection 17.01.030.8, Unlisted uses. Other interpretations of this Zoning Code shall follow the analytical steps set out in this section. No interpretation may conflict with the purpose statements found in individual sections and in Subsection 17.07.330.2, Purpose.

B.

Quantifiable or numeric standards. If the section to be interpreted has a quantifiable standard, no interpretation can result in a reduction of the standard. If the number is a maximum, then a higher numeric value cannot be made. If it is a minimum, then higher numbers may be used.

C.

Qualitative standards. Non-numeric standards shall be construed in favor of the element being protected unless there is sufficient evidence to indicate that the alternative language will protect the public as well as provide the landowner other options.

D.

Illustrations. Illustrations are generally provided for explanatory purposes, and do not necessarily set out all options or alternatives for each standard in this Zoning Code. Where an illustration appears to set out different substantive requirements than the text of this Zoning Code, the text shall control.

A.

General purposes. The general purposes of this Zoning Code are to promote the public health, safety, comfort, morals, convenience, and general welfare by:

1.

Protecting the quality of life of city residents;

2.

Ensuring that highway systems are carefully planned to:

a.

Lessen or avoid congestion in public ways;

b.

Enhance opportunities for multimodal and nonvehicular travel; and

c.

Reduce unnecessary vehicle miles traveled.

3.

Ensuring that the community grows with adequate public ways and utilities, and health, educational and recreational facilities by:

a.

Promoting the orderly growth, development, improvement, and redevelopment of the community; and

b.

Protecting natural resources and the environment, including potable water supplies.

4.

Ensuring that the needs of business and industry are recognized by:

a.

Providing for sufficient commercial and industrial property to allow for economic development within the city;

b.

Providing for a fair, orderly and efficient development review process; and

c.

Protecting the value of property and buildings.

5.

Ensuring that residential areas provide healthful surroundings for family life;

6.

Protecting the fiscal and functional integrity of the city by:

a.

Ensuring that the growth of the city is commensurate with and that will promote the efficient and economical use of public funds; and

b.

Encouraging development in areas where transportation, water, sewers, schools, parks, and other public requirements exist; and limit development where such facilities do not exist.

7.

Preserving, enhancing, and protecting the unique and special character of the city, by:

a.

Implementing the city's general plan;

b.

Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;

c.

Fostering a balanced community;

d.

Promoting the preservation, enhancement, development, and redevelopment of a variety of housing types at a variety of price points, in order to provide decent housing opportunities to a broad market;

e.

Preventing the overcrowding of land and the undue concentration of population;

f.

Promoting nodes of activity with compact urban forms;

g.

Minimizing and mitigating conflicts among adjacent land uses; and

h.

Preserving and protecting places and areas of historical, cultural, scenic, or architectural importance and significance.

B.

Specific purposes. Specific purposes of this Zoning Code are also set out in individual chapters, sections and subsections.

A.

Generally. No land in the City of Williams shall be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of this Zoning Code as amended from time to time. Any such violation of this Zoning Code shall be considered unlawful and may be found to be a public nuisance.

B.

Remedies. The city may pursue any appropriate remedy to redress a violation of this Zoning Code. If the city prevails in a court proceeding to enforce this Zoning Code, it may seek reimbursement of its litigation expenses, costs, and fees from the violator.

1.

Penalties.

a.

Any person, firm or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this title is guilty of an infraction and punishable as such by citation for each offense, and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation.

b.

Penalty for infraction shall be as follows:

i.

A fine not exceeding fifty dollars for a first violation;

ii.

A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year; and

iii.

A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year.

2.

Extraordinary remedies. In addition to the penalties available, the city may pursue declaratory or injunctive relief in a court of competent jurisdiction to prevent or abate a violation.

3.

Restitution and restoration.

a.

Restitution may be sought if violations are not corrected within the time period stated in the notice of violation, or if the violation results in irreparable harm to the city.

b.

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

4.

Holds on further permits. No further permits (including certificates of occupancy) will be issued for development on property that is the subject of an enforcement proceeding, except as necessary to correct the violation, until the case is resolved, including payment of any assessed fines, restoration of land, or restitution to the city for funds expended to abate the violation.

5.

Permit suspension and rescission.

a.

Suspension.

i.

If the director finds that a use or condition presents an immediate threat to the public health or safety, he or she may suspend a permit for a period of up to thirty days, if the suspension of the use will abate the threat.

ii.

Upon suspension of a permit, the case shall be referred to the city council for a hearing on permanent revocation of the permit. The hearing shall be held within thirty days of the referral, and the city council may establish a time frame for compliance and conditions which must be satisfied for restoration of the permit. The hearing shall be cancelled if the director or designee finds that the violation is cured before the hearing.

iii.

The director shall enforce the decision of the city council by lifting the suspension if the violation is cured according to the council's order, or revoking the permit if it is not.

b.

Revocation. The city may permanently revoke a permit if:

i.

The operator of a use does not remedy a threat to the public health or safety that was the basis for a permit suspension.

ii.

The applicant made a material misrepresentation on the application for development approval or on the record of the decision on the application.

iii.

The applicant violates conditions of approval and does not cure the violations within the time periods established by the city pursuant to this chapter.

iv.

In addition to any other fines, penalties or enforcement provisions set forth in this chapter, failure to comply in any respect with an approved design review application shall constitute grounds for immediate stoppage of the work involved in the noncompliance until the matter is resolved.

6.

Revocation of surety. In the event that other enforcement remedies listed herein do not cause the correction of the violation(s), the city council, acting on the recommendation of the director, may initiate a claim upon any bond or surety posted with the application. The city may seek recovery of any costs associated with the correction of the violation(s), along with any fines levied and not paid.

(Ord. No. 244-21, § 1, 7-21-2021)

17.07.340 - Legal status.

17.07.340.1 Title and reference.

A.

Title. This Code shall be known as the "City of Williams, California Zoning Code."

B.

Reference. This Code is referred to herein as "Zoning Code."

17.07.340.2 Severability. If any division, section, paragraph, clause, provision, or portion of this Zoning Code is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Zoning Code shall not be affected. If any application of this Zoning Code to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction "as-applied," such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

A.

Generally. In the event that the provisions of this Zoning Code conflict with each other or with other titles of the City of Williams Code of Ordinances:

The more restrictive provision shall control, if the provisions were adopted at the same time; or

2.

The more recent provision shall control if the provisions were adopted at different times.

B.

State and federal law. No part of this Zoning Code relieves any applicant from compliance with applicable provisions of state or federal law. If a use, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the city. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this Zoning Code, unless the application of this Zoning Code is legally preempted.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.08 - ZONING CODE APPENDICES

Sections:

Density bonuses are granted relative to the percentage of units made available to very low, lower, or moderate income households as shown in Table A.

(Ord. No. 244-21, § 1, 7-21-2021)

The following is a list of strategies that, if employed, would result in a development that may be considered environmentally sensitive:

A.

Site development/redevelopment:

1.

Additional open space preserved (above the minimum required);

2.

Connectivity to community (pedestrian/bicycle);

3.

Brownfield redevelopment;

4.

Access to public transportation;

5.

Low water use irrigation system; and/or

6.

Use of recycled materials.

B.

Buildings:

1.

Optimization of daylight/shade;

2.

Reuse of existing building (walls, floors, roof);

Changing rooms/showers;

4.

Low or no volatile organic compound paints, sealants, adhesives;

5.

Low-emitting flooring systems;

6.

On-site renewable energy (solar, wind, etc.); and/or

7.

Use of composite wood or agrifiber.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.09 - DEVELOPMENT AGREEMENTS

(a)

Application. Any qualified applicant may file an application to enter into a development agreement by submitting a complete application to the planning department on the form prescribed by the planning department for this purpose, accompanied by the additional contents set forth in Subsection (b) below, and the application fee deposit set forth in the city's fee schedule. A qualified applicant is a person who has a legal or equitable interest in the real property that is to be subject to the development agreement, or an authorized agent of such person. The city planner may require an applicant to submit proof satisfactory to the city attorney of the applicant's interest in the real property and of the authority of any agent to act for the applicant.

(b)

Additional contents. An application for a development agreement shall be accompanied by the following information and documents:

(1)

A schematic plan of the subject property showing the size and location of all structures;

(2)

Documents, maps or diagrams showing each proposed land use, including but not limited to, parks, parkways, playgrounds, school sites and public or quasi-public buildings, the topography of the land and contour intervals, and existing natural features of the land, including trees, creeks and wetlands;

(3)

Proposed street layout and lot design, off-street parking, circulation, and any special engineering features or traffic regulation devices needed for public safety;

(4)

A calculation of density;

(5)

Preliminary elevations or perspective drawings of all proposed structures sufficient to indicate with reasonable clarity the height and general appearance of the proposed structures;

(6)

A preliminary study of public facilities such as drainage, sewerage and utilities; and

(7)

Any additional information and supporting data the planning department or city engineer considers necessary to process the application.

(c)

Proposed form of development agreement. The application shall include a proposed development agreement, using the city's then standard form development agreement along with any specific proposals for changes in or additions to the language of the standard form, or a form development agreement prepared by the applicant containing the provisions substantially similar to the city's then-standard form development agreement. The proposed development agreement shall include:

(1)

The proposed parties to the development agreement;

(2)

The nature of the applicant's legal or equitable interest in the real property;

(3)

A description or the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this subchapter;

(4)

An identification of the approvals and permits for the development project that have been issued as of the date of the application, or are contemplated by the development agreement;

(5)

The proposed duration of the development agreement;

(6)

Proposed provisions providing security for the performance of the developer's obligations under the development agreement; and

(7)

Any other relevant provisions which may be deemed necessary by the city planner, city engineer, or city attorney.

(d)

Application processing fees. The applicant shall pay deposits and fees for the processing of an application to enter into a development agreement in accordance with the city's fee schedule. The fees charged by the city for the filing and processing of development agreement applications shall not exceed the actual cost to the city of performing these activities.

(e)

Additional parties to development agreement. In addition to the City of Williams and developer, any federal, state or local government agency may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act, Government Code Section 6500 et seq.

(Ord. No. 244-21, § 1, 7-21-2021)

(a)

Review of application and CEQA. The planning department shall review the application and either accept it for filing if it is complete, or reject it if it is incomplete or inaccurate. If the department rejects an application as incomplete, it shall inform the applicant of the additional requirements necessary to complete the application. After receiving a complete application, the city planner shall prepare a staff report for consideration by the city council that includes a recommendation on the application and states whether or not the development agreement proposed by the application, or in an amended form, would be consistent with the general plan and any applicable specific plan. Unless the development project is categorically exempt, the planning department shall also, at the applicant's expense and in compliance with the state and local procedures for implementation of CEQA, undertake environmental review. The city planner's staff report and recommendation shall include the CEQA determination.

(b)

Negotiations. The city attorney or designee shall represent the city in all negotiations of the terms of the proposed development agreement.

(c)

Entrance into development agreement discretionary. The making of a development agreement is entirely discretionary on the part of the City of Williams. Submission of an application for a development agreement shall not guarantee approval of that application, and nothing contained in this subchapter shall indicate or be construed as obligating the City of Williams to enter into any development agreement nor as indicating an intention on the part of the city to do so.

(Ord. No. 244-21, § 1, 7-21-2021)

17.09.030 - Contents of development agreement.

(a)

Required contents. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement shall contain provisions satisfactory to the city attorney providing security for performance of the developer's obligations, indemnification of the city by the developer and insurance.

(b)

Discretionary contents. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time, and any other terms that the city deems necessary; conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement; and a requirement that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

(Ord. No. 244-21, § 1, 7-21-2021)

17.09.040 - Public hearing on development agreement.

(a)

The city shall give notice of the city's intention to consider adoption of a development agreement in accordance with Government Code Sections 65090 and 65091.

(b)

The failure of any person to receive notice required by law or these regulations does not affect the authority of the city to enter into a development agreement, or the validity and force and effect of any development agreement entered into pursuant to this subchapter.

(c)

The city council shall hold a public hearing to consider whether to approve or deny all development agreement applications. At the hearing, the council shall consider the application, the presentations made by the applicant, any written or oral testimony of the public, the staff report, and any other relevant evidence.

(Ord. No. 244-21, § 1, 7-21-2021)

(a)

Findings. To approve a development agreement, the city council must find, in writing, that the proposed development agreement:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(b)

Subdivision. The city council shall not approve a development agreement that includes a subdivision, as defined in Government Code Section 66473.7, unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of that section.

(Ord. No. 244-21, § 1, 7-21-2021)

(a)

Form of approval or amendment; effective date. A development agreement may only be approved or amended by ordinance. The ordinance shall authorize the mayor or city administrator to sign the agreement on behalf of the city, and the agreement shall become effective thirty calendar days following the council's adoption of the ordinance, unless a referendum is filed in compliance with state law within that time.

(b)

Applicant's failure to sign within thirty days; withdrawal of application. If the applicant has not signed and returned the approved development agreement or amendment to the city clerk for execution by the mayor or city administrator within thirty calendar days of the council's approval of the agreement or amendment, the application shall be deemed withdrawn by the applicant.

(Ord. No. 244-21, § 1, 7-21-2021)

(a)

The city clerk shall cause the development agreement, or an amended development agreement to be recorded with the county recorder promptly after the city council enters into the agreement. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. If the agreement is terminated for any reason, the city clerk shall have notice of such action recorded with the county recorder promptly after the effective date of such action.

(b)

The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. No. 244-21, § 1, 7-21-2021)

Unless otherwise provided by the development agreement, the rules, regulations, and official policies applicable to the development of the property that is subject to the development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth in the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

(Ord. No. 244-21, § 1, 7-21-2021)

Unless amended, canceled or suspended pursuant to this subchapter or state law, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, which alters or amends the rules, regulations or policies specified in the development agreement.

(Ord. No. 244-21, § 1, 7-21-2021)

17.09.100 - Periodic review of development agreement.

(a)

Time for review. The city planner shall review all development agreements at least every twelve months, or more frequently if the agreement provides, in order to determine whether the developer or successor-ininterest thereto has complied in good faith with its terms. A development agreement may prescribe a procedure for review other than that set forth in this section in the discretion of the city planner or city council.

(b)

Finding of compliance. If the city planner finds the developer has complied in good faith with the terms of the development agreement, the city planner shall issue a certificate of compliance, which may be recorded by the developer. After expiration of the appeal period hereinafter specified, the review for the applicable period shall be final.

(c)

Finding of non-compliance. If the city planner, on the basis of substantial evidence, finds the developer has not complied in good faith with the terms of the development agreement, the city planner shall specify in writing to the developer the respects in which the developer has failed to comply, and a reasonable time period for the developer to meet the terms of compliance. If the developer does not take the actions

required by the city planner to achieve compliance within the prescribed time limits, the city planner may recommend that the city council modify or terminate the agreement as set forth below.

(d)

Appeal. Any interested person may request to appeal the city planner's finding of non-compliance or the city planner's decision to issue a certificate of compliance, by delivery of a written appeal to the city clerk within ten calendar days of the city planner's finding or decision.

(e)

Referral to city council. The city planner may refer any review to be conducted by the planner hereunder to the city council. Such referral shall include a staff report describing the city planner's preliminary findings. Upon such referral, the city council shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make a determination of noncompliance on the basis of substantial evidence. Any such decision by the city council shall be final.

(Ord. No. 244-21, § 1, 7-21-2021)

17.09.110 - Cancellation or modification of development agreement.

(a)

Change in law or regulations. If, at any time after a development agreement has been entered into, there is a change in state or federal laws or regulations that prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(b)

By mutual consent. Any development agreement may be cancelled or modified by mutual consent of the parties. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified in this subchapter for approval of a development agreement.

(c)

By the city.

(1)

If, at any time during the term of a development agreement, the city planner or city council finds, on the basis of substantial evidence, that the developer is not in compliance with the terms and conditions of the agreement and such non-compliance has not been cured despite notice by the city planner to the developer of the manner in which the developer is out of compliance with the agreement and the required corrective measures, the city planner shall request that the city council conduct a public hearing at which the developer must demonstrate a good faith compliance with the terms of the development agreement.

(2)

The city council shall conduct a noticed hearing on the recommendations of the city planner at which the developer and any other interested person shall be entitled to submit such evidence and testimony as may be relevant to the issue of the developer's good faith compliance. The burden of proof shall be on the developer. If the city council finds, based on substantial evidence, that the developer is not in compliance with the development agreement, it may either cancel the development agreement upon giving sixty days' notice to the developer, or allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such non-compliance. The city council may impose such amended or additional conditions as it deems necessary to protect the interests of the city. The decision of the city council shall be final.

(d)

Effect of cancellation or termination. In the event that a development agreement should be cancelled or otherwise terminated, all rights of the developer, property owner or successors in interest under the development agreement shall terminate unless otherwise provided in writing. Any and all benefits, including money or land, received by the city pursuant to the development agreement shall be retained by the city. The termination of a development agreement shall not, however, prevent the developer from completing a building or other improvements authorized pursuant to a valid building permit issued prior to the time of termination, but the city may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit.

g or other improvements authorized pursuant to a valid building permit issued prior to the time of termination, but the city may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.10 - REASONABLE ACCOMMODATIONS

Sections:

It is the policy of the city to comply with the Federal Fair Housing Act, the Americans with Disabilities Act and the California Fair Employment and Housing Act (collectively, "Acts") to provide reasonable accommodation in rules, policies, practices, and procedures for persons with disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing neighborhoods. In determining whether a requested modification in rules, policies, practices, and procedures is reasonable, the city will consider, among other relevant factors, the extent to which the requested modification might be in conflict with the legitimate purpose of its existing zoning or subdivision regulations. The purpose of this chapter is to provide a process for individuals to request reasonable accommodation in regard to relief from the city's various land use, zoning, or building rules, policies, practices, and procedures, and for the city to evaluate such requests.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Eligible applicants.

1.

A request for reasonable accommodation may be made by any person with a disability, his or her representative, or a housing provider for people with disabilities when the city's regulations, policies, or practices act a barrier against a disabled person being able to enjoy a dwelling.

2.

A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current use of controlled substances is not.

B.

Eligible requests.

1.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice.

2.

Any person lacking fair housing opportunities due to the disability of existing or proposed residents, may request a reasonable accommodation in the city's rules, policies, practices, and procedures. The planning

department will provide a form to individuals who wish to request reasonable accommodations.

3.

The planning department will provide the assistance necessary to an applicant or representative making a request for reasonable accommodation. A request for reasonable accommodation may be made orally or in writing.

4.

If the request for reasonable accommodation is related to a project that requires an application for an additional approval, permit or entitlement, the applicant shall file the request for reasonable accommodation along with such additional application for approval, permit or entitlement.

(Ord. No. 244-21, § 1, 7-21-2021)

The planning department shall provide an applicant requesting reasonable accommodation an application form that asks for the following information:

A.

Applicant's name, address and telephone number;

B.

The physical address of the property for which the request is being made;

C.

Name, address and telephone number of property owner;

D.

The current actual use of the property;

E.

The code provision, regulation, policy, or procedure from which accommodation is requested;

F.

A statement and documentation describing why the requested accommodation is reasonably necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled under applicable laws. Any information related to a disability status and identified by the applicant as confidential shall be retained in a manner so as to respect the applicant's privacy rights and shall not be made available for public inspection;

G.

If applicable, plans showing the details of the proposed use to be made of the land or building; and,

H.

Such other relevant and permissible information as may be requested by the city planner or his or her designee.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Request authority. A request for a reasonable accommodation shall be reviewed, and a determination shall be made, by the city planner or his or her designee. When a request for reasonable accommodation is filed with the city, it shall be referred to the city planner for review and consideration.

B.

Director's review. The city planner shall make a written determination within thirty days following the submittal of a completed application and either approve, approve with conditions, or disapprove a request for reasonable accommodation in compliance with the findings and decisions below.

C.

Findings and decisions. The written decision to approve, approve with conditions, or disapprove a request for reasonable accommodation shall be based on consideration of all the following factors:

1.

Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts;

2.

Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3.

Need for the requested modification, including alternatives that may provide an equivalent level of benefit;

4.

Physical attributes of, and any proposed changes to, the subject property and structures;

5.

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

Whether the requested modification would constitute a fundamental alteration of the city's zoning or building laws, policies, procedures, or subdivision program;

7.

Whether the requested accommodation would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood; and,

8.

Any other factor that may bear on the request.

D.

Written decision. The written decision on the request for a reasonable accommodation shall include written findings and conclusions addressing the criteria set forth in this section, and shall be subject to appeal. The city planner shall issue a written determination to the applicant, which shall include notice of the right to appeal the determination. The notice of decision shall be sent to the applicant, or any other person requesting notice, by certified mail, return receipt requested.

E.

If necessary to reach a determination on the request for reasonable accommodation, the city planner may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant responds to the request.

F.

An approval of a request for reasonable accommodation shall not have any force or effect until applicant acknowledges receipt of the approval and agrees in writing to each and every term and condition thereof.

(Ord. No. 244-21, § 1, 7-21-2021)

The written decision of the city planner shall be final unless appealed. Within thirty days from the date the city planner issues a written decision, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. Any other interested person not satisfied with the decision may file an appeal within seven days from the date the written

decision was rendered. All appeals shall contain a statement of the grounds for the appeal. Appeals shall be made to a hearing officer appointed by the city administrator who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty days after an appeal has been filed. Following the filing of an appeal, the hearing officer shall hold a public hearing on the matter. All determinations on an appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. No. 244-21, § 1, 7-21-2021)

Any approval or conditional approval of an application filed pursuant to this chapter may provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 244-21, § 1, 7-21-2021)

There shall be no fee in connection with the filing of a request for reasonable accommodation. If the request for reasonable accommodation is filed concurrently with an application for an additional approval, permit or entitlement, the applicant shall pay only the fee for the additional approval, permit or entitlement.

(Ord. No. 244-21, § 1, 7-21-2021)

Chapter 17.11 - SIGNS

A.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property, aesthetics and public welfare and safety by regulating and controlling the type, size, number, design, quality of materials, construction, illumination, location and maintenance of all signs in the City of Williams.

B.

By adopting this chapter, the city intends to balance several competing interests, including:

1.

To regulate signs in a constitutional manner, with rules that do not regulate protected noncommercial speech by content or favor commercial speech over noncommercial speech;

2.

To provide adequate opportunity for persons to express themselves by displaying an image or message on a sign;

3.

To preserve and enhance the aesthetic, traffic safety and environmental values of our community;

4.

To minimize distraction, obstruction or other impediments to traffic circulation which would be caused by excessive or inappropriately placed signage;

5.

To safeguard and preserve the health, property, and public welfare of Williams's residents by regulating the physical design, location, and maintenance of signs.

6.

To provide a method for abatement of illegal and abandoned signs; and

7.

To implement the General Plan.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.020 - General principles.

A.

Regulatory scope. This chapter, except for Section 17.11.130 which regulates signs on city property, regulates signs, as defined herein, which are located on or displayed from, private property located within the city as well as signs located on public property owned by public agencies other than the city, over which the city has land use regulatory authority.

B.

Owner's consent. No sign may be displayed on private property without the consent of the property owner

or person holding the present right of possession and control of the property, except that a landlord's consent is not required for a tenant to display signs as specified in Civil Code Section 1940.4.

C.

Noncommercial messages. There is no location criterion for noncommercial messages that are protected by the First Amendment to the U.S. Constitution and/or the corollary provisions of the California Constitution.

D.

Message substitution. Any constitutionally protected noncommercial message may be substituted for any duly permitted or allowed commercial message, or any duly permitted or allowed noncommercial message, provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting.

E.

Permit generally required. Unless exempted from the sign permit requirement, all signs shall be installed or displayed only pursuant to a sign permit issued by the city. It is unlawful for any person, association, corporation or other entity to erect in any manner within the city a sign, except in conformance with the provisions of this chapter and all other applicable laws, rules and regulations and policies.

F.

Discretionary approvals. Whenever a sign or a proposed sign is subject to any discretionary review, permit, or approval, such discretion may be exercised only as to the compatibility of the sign within its location, and other structural, architectural and locational factors and consistency with the city's design manual in accordance with Subsection 17.05.270.2.C. of the Zoning Ordinance.

G.

Administrator interpretations. All interpretations of this chapter shall be exercised in light of message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, as adopted by the city, then the planning commission or planning director or his/her designee, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter.

H.

Compatibility factors. In determining compatibility of a sign with its surrounding environment, the following criteria may be considered: (1) style or character of existing improvements upon the site and properties adjacent to the site; (2) visual elements such as construction materials, physical design details, and the number and spacing of signs in the area; (3) the sign's height, size and location, in relation to its proposed location and use; (5) potential effect of the proposed sign on driver and pedestrian safety; (6) potential blocking of view (whole or partial) of a structure or façade or public view of natural, historical or architectural significance; (7) potential obstruction of views of users of adjacent buildings to side yards, front yards, open space or parks; (8) potential negative impact on visual quality of public spaces, including but not limited to recreation facilities, public squares, plazas, courtyards and the like; (9) whether the sign structure will impose an aesthetically foreign or inharmonious element into the existing skyline or local viewscape. In addition, in accordance with Subsection 17.06.270.2.C. of the Zoning Ordinance, sign review must include evaluation for consistency with certain standards and guidelines contained in the city's design review manual.

I.

Federally registered marks. The provisions of this chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. However, the city does have discretion to regulate the size of the display in relation to compatibility factors. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

(Ord. No. 244-21, § 1, 7-21-2021)

For purposes of this chapter, refer to Section 17.06.320 regarding zoning definitions.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.040 - Review process.

A.

All sign permit applications shall be consistent with the provisions of this chapter. All signs that are not expressly exempted from the sign permit requirements may be installed, erected or displayed only pursuant to a sign permit. There are three types of sign processes that require city review, including: 1) review of some exempt signs that don't require permits; 2) sign installation permits; and 3) comprehensive sign package permit. Subsection 17.11.050.B. of this chapter provides more details of those signs identified as being exempt from a permit. The following addresses sign installation and comprehensive sign package permits:

1.

Sign installation permit and fee. Application for a sign installation permit may be filed with the city planning department upon forms furnished by the city. The application shall include working drawings and details as described in the city's sign application checklist as provided and maintained by the planning director. The city council may establish by resolution a fee commensurate with the costs of processing and reviewing applications and administering this chapter. If a fee is established by the city council, the fee shall accompany each application for a sign installation permit.

2.

Comprehensive sign package and fees. Buildings or building complexes containing three or more uses or separately leasable spaces, shall be required to submit a comprehensive sign package to the city planning department on forms furnished by the city prior to the issuance of the first sign permit for the building complex. Such sign package shall include a sign program and other information as described in the city's comprehensive sign package application checklist as provided and maintained by the planning director. The city council may establish by resolution a fee commensurate with the costs of processing and reviewing applications and administering this chapter. If a fee is established by the city council, the fee shall accompany the submission of a comprehensive sign package.

B.

Approving authority. The following persons, departments, advisory or legislative bodies are entitled to approve or deny sign requests as follows:

1.

Sign installation permit. The planning director or his/her designee, is authorized to issue a sign installation permit if said application complies with the provisions of this chapter and all other applicable laws, rules, regulations, procedures, design guidelines and standards and policies, including all applicable health and safety codes. In accordance with the city's design review procedures, the sign installation permit may also be subject to review by the design review committee and/or the planning commission. The planning

tion complies with the provisions of this chapter and all other applicable laws, rules, regulations, procedures, design guidelines and standards and policies, including all applicable health and safety codes. In accordance with the city's design review procedures, the sign installation permit may also be subject to review by the design review committee and/or the planning commission. The planning

director or his/her designee may also refer a sign installation permit application to the planning commission if he/she finds that the proposal may conflict with the purposes and criteria set forth in this chapter. The design review committee, planning commission or planning director or designee, as the case may be, may

approve a sign installation permit if on the basis of the application, plans, materials, and testimony submitted, finds:

a.

The proposed sign(s) conform to the criteria set forth in this chapter;

b.

The proposed sign(s) is/are compatible with other signs on the site and in the vicinity;

c.

The proposed sign(s) will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicular or pedestrian traffic;

d.

The proposed sign(s) will not have an adverse visual impact on adjoining land uses; and

e.

The proposed sign(s) is consistent with the design review manual in accordance with Subsection 17.05.270.2.C. of this Code.

The planning director or designee may approve a sign installation permit application subject to such conditions, modifications or limitations as the committee and/or commission deems appropriate to carry out the purposes and goals of this chapter.

2.

Comprehensive sign package. The planning director or designee shall consider and either approve or deny comprehensive sign packages according to the provisions of this chapter, and all other applicable laws, rules, regulations and policies, including all applicable health and safety codes. The planning director or designee may approve a comprehensive sign package application subject to such conditions, modifications or limitations as the planning director or designee deems appropriate to carry out the purposes and goals of this chapter. In accordance with the city's design review procedures, the comprehensive sign package may be subject to review by the design review committee and/or the planning commission. The planning director or designee may also refer comprehensive sign packages to the design review committee and/or planning commission if he/she finds that the proposal may conflict with the

purposes and criteria set forth in this chapter. The design review committee, planning commission or planning director or designee as the case may be, may approve a comprehensive sign package if on the basis of the application, plans, materials, and testimony submitted, finds:

a.

The proposed sign(s) conform with the criteria set forth in this chapter;

b.

The proposed sign(s) is/are compatible with other signs on the site and in the vicinity;

c.

The proposed sign(s) will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicular or pedestrian traffic;

d.

The proposed sign(s) will not have an adverse visual impact on adjoining land uses; and

e.

The proposed is consistent with the design review manual in accordance with Subsection 17.05.270.2.C. of this Code.

C.

Time required between substantially similar applications. In accordance with Section 17.05.280.11 of this Code, the city shall not accept any application that is substantially similar to an application that was denied within the six months from the date the application is denied.

D.

Public hearing process. Any application for a sign installation permit or comprehensive sign package which was denied is appealable to the planning commission in accordance with the provisions in Section 17.05.260.4 of this Code. A decision by the planning commission is appealable to the city council in accordance with the provisions in Section 17.05.280.7 of this Code.

E.

Installation. Signs shall be installed substantially consistent with the plans approved by the approval authority within twelve months of the approval or the sign approval will be deemed to have expired and become null and void. Prior to sign installation, a sign building permit shall be obtained as required by the Uniform Sign Code and/or related city regulations.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

The erection of signs and their supports shall be in accordance with applicable provisions of the California Building Code, as adopted and applied by the city pursuant to Chapter 15.04 of this Code, and the California Electrical Code, as adopted and applied by the city pursuant to Chapter 15.12 of this Code, in compliance with the sign design standards and consistent with the sign design guidelines referenced in the city's design review manual, and other applicable codes, statutes, ordinances and regulations. The owner of any parcel on which a sign is located shall properly maintain, or cause to be maintained, in good condition and repair every sign, and its parts, structure, supports and surrounding landscape areas, if any.

B.

Exempt signs. An exemption from a sign installation permit or comprehensive sign package shall not be deemed to grant authorization for the installation of any sign not in compliance with all requirements of this chapter or consistent with the design review manual, nor any provisions of the codes of the city. All signs that have an electrical system shall require an electrical permit issued by the building official. Some signs that may qualify to be exempt from permit requirements may be subject to approval by the planning director. However, if after initial review of a sign that may be listed as exempt is found not to be in compliance with this chapter and/or not consistent with the design review manual, the planning director may qualify the sign as subject to a sign installation permit. Signs that have been deemed subject to a sign installation permit are then subject to all provisions of Section 17.11.040 of this chapter. Sign types are generally exempt from the sign permit requirement, but are still subject to all other applicable laws, rules, regulations, policies and approvals as shown below in Table 17.11.050.10.

Table 17.11.050.10 Exempt Signs Level of Review

C.

Prohibited signs.

1.

Types of prohibited signs. All signs not expressly allowed by this chapter shall be prohibited.

2.

Examples of prohibited signs. Examples of prohibited signs include the following:

a.

Flashing, rotating, moving, blinking, reflecting and/or florescent painted signs, or signs which emit smoke, fumes, flashes, sparks, or sound.

b.

Signs on trees, shrubs, stones, fences or utility poles.

c

Any sign erected in such a manner that it will, or reasonably may be expected to, obstruct the view of or conflict with any traffic sign, signal or device, obstruct the view of pedestrian or vehicular traffic, or otherwise be detrimental to public safety.

d.

Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, balloons, inflatable signs or other similar attention getting devices, or signs that emit a varying intensity of light or color (except for commercial mascot signs).

e.

Roof signs.

f.

Abandoned signs.

g.

Illegal signs.

h.

Signs displayed without permission of owner or lessee.

i.

Signs that are hazardous or unsafe by virtue of their physical condition.

j.

Search lights used for advertising or attention-getting.

k.

Signs that are activated by air, forced air, forced gas or wind.

l.

Signs that interrupt or encroach into the corner clear zone.

m.

Private party signs placed on city property without consent.

n.

Digital display/electronic message signs, excepting therefrom signs permitted explicitly in this chapter.

o.

Freeway oriented and off-site signs, unless they meet the criteria listed in Section 17.11.080.

p.

Flags, except as specifically allowed in Section 17.11.030 of this chapter.

q.

Inflatable or tethered signs or devices.

r.

Obscene signs, such as graphic images of human anatomical areas or specified sexual activities as more completely described in city Ordinance 134-04.

D.

Sign maintenance.

1.

Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times.

2.

A repair to a sign shall be of equal or better quality of materials and design as the original sign.

3.

A sign that is not properly maintained and is dilapidated and has been deemed a public nuisance may be abated in compliance with this Code.

4.

When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed.

5.

Unpainted areas of a sign and supporting structure and hardware shall be painted to match the adjacent portion of the structure or the sign support structure.

E.

Relocation. A permanent sign may be relocated only pursuant to a new permit. Relocated signs must comply with all rules that apply to the new location.

F.

Flags. Flags are considered signage if not meeting the definition of "flag" in Section 17.06.320 of this chapter.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.060 - Signs in residential, agricultural and neighborhood conservation zones.

A.

Signage for residential uses is allowed, unless specifically prohibited by this Ordinance, if complying with the following standards:

1.

Signs on single- and multifamily residences (individual dwelling units). Single-family residential units may display signs as stated in this subsection, subject to the rules stated in this subsection.

a.

Sign area. At all times, the total display area of all signs shall not exceed five square feet; in the case of freestanding signs, area shall be measured on all sides and shall count separately.

b.

Height. Signs in the corner clear zone shall not exceed thirty inches in height and shall not create a traffic sight obstruction or other traffic or pedestrian hazard.

c.

Number of signs. Not limited.

d.

Location. Not on public property or public right-of-way, or mounted on utility structures or poles, or trees or vegetation.

e.

Prohibited signs. A-frame signs, digital displays, interior illuminated signs, feather banners, and roof signs are prohibited in residential zones.

2.

Project entrance signs. New housing developments may display signs as authorized by this subsection, subject to the rules stated in this subsection. The signs authorized by this subsection are in addition to those authorized for individual dwelling units.

a.

Number of signs. One sign per each main vehicular traffic entrance. The signs must be placed within a maintained landscaped area within an acceptable easement or open space lot authorized for signage.

b.

Size and height. Maximum twenty-four square feet (per side); maximum four feet high.

3.

Tourist oriented directional signs in compliance with Subsection 17.11.080.C. of this chapter.

B.

Agricultural or open space signs. The following signs are allowed in agricultural or open space zones or easements:

1.

Wall signs. Wall sign area shall not exceed forty square feet.

2.

Monument signs. Monument signs shall not exceed twenty square feet, or five feet in height. Monument signs shall be placed within a landscaped area.

3.

Tourist-oriented directional signs. Tourist-oriented directional signs in compliance with Section 17.11.080.C. of this chapter.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.070 - Signs in commercial and industrial zones.

A.

Permanent signs. The following types of signs may be mounted, erected, installed and displayed on commercial, institutional and industrial uses, subject to the rules stated in this section. All commercial messages shall be on-site only, except in the C-S, C, C-D, BP, or IN zones.

1.

Freestanding signs. Freestanding sign types include pole signs, ground signs or monument signs.

a.

Pole or ground signs. A pole or a ground sign may be permitted if all of the following design standards are met:

i.

Frontage requirement. The site shall have a street frontage of at least two hundred feet.

ii.

Number of signs. The identification of a single use not located within a building complex will be limited to one freestanding pole or ground sign. The identification of uses located within a building complex will be limited to one freestanding pole or ground sign per each one thousand feet of street frontage, provided that complexes with multiple street frontages may be allowed one secondary ground sign with a maximum height of fifteen feet, provided the total allowable sign area is not exceeded. No individual use located within a building complex will be permitted to have its own freestanding pole or ground sign.

iii.

Sign area. The total sign area of all freestanding pole or ground signs for a single building or a building complex shall not exceed the following:

iv.

Sign height. The height of a freestanding pole or ground sign shall not exceed the following standards:

b.

Monument signs. Freestanding monument signs may be permitted subject to following design standards:

i.

Building complexes. Limited to one monument sign per each one hundred fifty feet of street frontage.

ii.

Frontage requirement. No more than one monument sign shall be allowed per street frontage.

iii.

Sign area. The sign area of a monument sign shall not exceed the following standards:

iv.

Sign height. No monument sign including a frame, border or base shall exceed six feet in height as measured from existing grade.

2.

Wall signs. The maximum size of a wall sign, including a logo, shall be two square feet of sign area for each lineal foot of primary tenant frontage and 0.5 additional square foot for each linear foot of secondary tenant frontage or ten percent of the area of the building façade on which the sign is mounted or painted, including the area of windows, doors and recesses, whichever is less. The total area of all signs on a primary frontage shall not exceed one hundred square feet and total area of all signs on a secondary frontage shall not exceed fifty square feet. Wall signs for second story tenants shall not exceed twelve square feet. Frontage is computed on an individual basis in multi-tenant buildings. Building frontage shall be measured along that side of the building for which the sign is proposed.

3.

Projecting, canopy or suspended signs. The following specific design standards shall apply to projecting, overhead and suspended signs:

a.

Sign area. A projecting sign shall not exceed thirty square feet. Signs that are suspended from a canopy or other roof structure over the sidewalk or building entrance shall not exceed twelve square feet. Projecting, canopy, and/or suspended signs shall count towards the maximum allowable sign area.

b.

Number of signs. Only one sign per use is allowed and shall only be allowed if the wall it is projecting from does not have any wall signs. (Exception: If a canopy is over the entrance to a use, a projecting sign may be allowed under the canopy at each entrance provided such sign does not exceed eight square feet and the total projecting signage for the use does not exceed thirty square feet.)

4.

Window signs. The following specific design standards shall apply to window signs:

a.

Sign area. Permanent window signs shall not occupy more than twenty-five percent of the total window area. Window sign area shall count towards the maximum allowable sign area.

b.

Sign location. Signs shall be allowed only on windows located on the ground level and second story of a structure frontage.

5.

Directional signs. Directional signs shall be no more than three feet high and three square feet. They are not limited by number or location.

6.

Awning signs. The following specific design standards apply to awning signs:

a.

Limited to one awning sign per building entrance with an awning, not to exceed three awning signs per business.

b.

Signs on awnings are limited to ground level or second story occupancies only.

c.

Awnings or awning signs shall not be internally illuminated. Direct exterior lighting may be allowed.

7.

A-frame signs. The following specific standards apply to A-frame and other portable signs:

a.

Sign area. An A-frame sign must not exceed six square feet in area on each side.

b.

Timing. A-frame signs must be removed at the end of each business day.

c.

Location. A-frame signs must be located at ground level on-site of the business, not in the city right-of-way, they cannot block the sidewalk or interfere with traffic, either pedestrian or vehicular, and they must be anchored or weighted.

d.

Number of signs. One per business.

8.

Feather banners. Feather banners authorized by this section are in addition to the maximum allowable signage which is otherwise permitted. Feather banners shall be maintained in good condition at all times, without faded, frayed or torn fabric. The following specific standards apply to feather banners:

a.

Location. Feather banners may only be installed on private property and shall not extend over the public right-of-way. Minimum spacing between feather banners shall be eight feet. Signs shall not create a traffic sight obstruction or other pedestrian or traffic hazard and shall comply with applicable engineering design standards.

b.

Height. Maximum height for feather banners shall be the lesser of fifteen feet or the height of the building.

c.

Number of signs. Two per business.

d.

Illumination. Feather banners may not be illuminated.

9.

Commercial mascots. Commercial mascots authorized by this section are in addition to the maximum allowable signage which is otherwise permitted. The following specific standards apply to commercial mascots:

a.

Private property. No more than one commercial mascot may be allowed on private property per business location only within commercial zones.

b.

Public property. On public sidewalk areas during the daytime hours between sunrise and sunset, as specified by the United States Naval Observatory (USNO) data. Commercial mascots may not interfere with public ingress or egress or free use of sidewalks or public right-of-way. In order to serve the city's interests in traffic flow and safety, persons displaying signs on public sidewalks must give at least three feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the clear corner area. No more than one commercial mascot shall be allowed to occupy a street intersection corner area. No more than one commercial mascot shall be allowed for each business and the business must be within three hundred feet from the location where the commercial mascot is performing. A ten-foot minimum separation shall be maintained between commercial mascots. The total sign area displayed shall not exceed twenty square feet. Sign display exhibits involving airborne signage shall not be permitted.

c.

Illumination. Commercial mascots shall not utilize any form of illumination or lighting.

10.

Tourist-oriented directional signs. Tourist-oriented directional signs are allowed in all zones subject to design standards in Subsection 17.11.080.C. of this chapter.

11.

Subdivision signs. Subdivision signs are allowed in all zones and shall not exceed thirty-two square feet in size.

12.

Murals. Murals shall be reviewed by the planning commission for consideration and approval at a noticed public hearing. The application shall include a detailed drawing or sketch of the mural plus other details as prescribed on the application form.

a.

In addition to the information requested on the form, the application shall include:

i.

A list of the persons and addresses who own property within a three hundred-foot radius of the proposed mural, and accompanying radius map.

ii.

Written notice shall be mailed or delivered at least ten days prior to the hearing to the applicant, if any, and to all persons, including, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the proposed mural.

iii.

Notice shall be deemed given when deposited in the United States Mail, postage prepaid and addressed to the intended recipient at the address shown on the latest equalized assessment roll.

b.

In granting or denying approval, the planning commission shall consider extent to which the proposal fulfills the following standards:

i.

The mural shall demonstrate superior artistic quality or theme as opposed to direct or indirect illustrative advertising;

ii.

The mural or graphic shall be designed to enhance or distinguish the architectural features of the structure on which it is placed;

iii

The design and colors used shall be harmonious with the surrounding environment and shall not be used for the exclusive purpose of calling attention to the mural or graphic;

iv.

The mural shall not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic;

v.

The proposed mural, by its design, construction and location, will not have a substantial adverse effect on abutting property or the permitted use thereof, and will contribute to the city's unique character and quality of life;

vi.

The paint to be used and applied shall be appropriate for use in an outdoor locale, for an artistic rendition and shall be of a permanent, long-lasting variety;

vii.

Possible historic value.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Freeway-oriented off-site signs may only be allowed in the highway overlay zone with a sign installation permit subject to approval by the planning commission. If the freeway-oriented and/or off-site sign is subject to the provisions of the Outdoor Advertising Act (Business and Professions Code Sections 5200 through 5486), the sign permit shall be contingent upon subsequent issuance of the permit that is issued by the Director of Transportation of the State of California, or his authorized agent. For freeway-oriented and off-site signs located within highway overlay zone, no sign shall be erected within five hundred feet of any other sign located on the same side of the highway. Freeway-oriented and off-site signs may not exceed sixty feet in height and six hundred square feet total area (excluding exempt signs) and no more than two hundred square feet per business.

B.

Digital display/electronic message signs. Digital display/electronic message signs may be allowed pursuant to a sign installation permit subject to approval by the planning commission.

C.

Tourist-oriented directional signs shall be permitted in all zones subject to the following requirements:

1.

The signs shall be smaller in size, each not exceeding eight square feet in area or eight feet in height.

2.

The signs shall be non-illuminated in order to be compatible with their generally rural surroundings.

3.

The signs shall be subject to the issuance of an encroachment permit.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.090 - Temporary signs.

A.

The signs authorized by this section are in addition to the maximum allowable signage which is otherwise allowed for signage on a site.

1.

Height: Maximum height for freestanding temporary signs is five feet.

2.

Number of signs: Unless otherwise stated, the maximum number of separate temporary signs is four for commercial, institutional or industrial zones, and two for residential, neighborhood conservation, agricultural or open space zones.

3.

Location: Signs shall not be located on public property. Signs in the corner clear zone shall not exceed thirty inches in height and shall not create a traffic sight obstruction hazard. Temporary signs shall not be posted on any tree, bush or other vegetation.

4.

Time period:

a.

Nonresidential zones. Temporary commercial message signs may be displayed for up to three separate periods per calendar year from one to fifteen days each period, per use.

b.

Residential, agricultural, open space zones. Temporary commercial message signs may be displayed for up to three separate periods per calendar year from one to fifteen days each period, per each lot.

c.

Temporary signs displaying protected noncommercial speech. Temporary signage used to display protected noncommercial speech is allowed at all times, however the sum of commercial and noncommercial speech temporary sign display area(s) at any given point shall not exceed the maximum area permitted. Sign area is limited to fifty square feet per sign in commercial and industrial zones, and thirty square feet per sign in residential, institutional, agricultural or open space zones.

d.

Exceeding time allowance. If the duration of temporary sign display of commercial messages exceeds the applicable maximum time period for temporary signs, then the sign shall be deemed permanent and the area thereof shall be counted against the allowable area for permanent signage for the site or lot. A sign permit must be obtained or the sign must be removed.

5.

Sign area:

a.

Commercial, institutional or industrial zones. The maximum allowable temporary sign area for a site, per time period, is the same as the allowable wall sign area. For the purposes of temporary sign area computation, the area of pennants, flags, streamers, whirligigs, and similar attention-getting devices not displaying written messages shall not be included.

b.

Residential, agricultural, open space zones. The maximum allowable temporary sign area is six square feet.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.100 - Reserved.

17.11.110 - Enforcement.

A.

Any sign erected contrary to the provisions of this chapter shall be unlawful and a public nuisance, which nuisance may be abated by the city, and the cost of abatement shall be made a lien or special assessment against the property upon which the sign is located. The city may order a sign removed from the public right-of-way at any time at no cost to the city for purposes of utilizing the right-of-way for any public purpose. In the event of emergencies or urgent circumstances, the enforcement officer may summarily remove a sign located in the public right-of-way without notice.

B.

With the consent of the owner or occupier of any building, structure or premises, or under an inspection warrant, and upon prior notice to the owner of the subject property, the enforcement officer may enter at all reasonable times any building, structure or premises in the city to investigate all purported violations of this chapter and to otherwise take such measures as are necessary and expedient to enforce and secure compliance with the provisions of this chapter, and to perform any duty imposed by this chapter.

C.

Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties provided in Chapter 1.12. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section.

D.

Violations of this chapter may be remedied by civil and/or administrative procedures, as authorized by city or state law.

E.

The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.120 - Nonconforming signs.

A.

General requirements:

1.

A nonconforming sign shall not be:

a.

Changed to another nonconforming sign.

b.

Structurally altered to extend its useful life.

c.

Enlarged.

d.

Re-established after a business is discontinued for ninety days or after damage or destruction exceeding fifty percent of the replacement cost of the sign immediately before the damage or destruction, or its

components, as determined by the building official.

e.

Re-installed after façade improvements that require the removal of the sign during construction.

2.

An interruption in the use of a nonconforming sign that continues for ninety days or more shall be deemed an abandonment of the sign. Subsequent use shall comply with this chapter. Non-occupation or nonoperation of the building or business advertised on the sign shall be deemed an interruption of the use of the sign.

B.

Exemptions. Any sign covered by a comprehensive sign package previously approved by the city is not subject to the requirements and limitations of this section.

C.

Removal of nonconforming signs. A nonconforming sign shall be removed if the sign is:

1.

More than fifty percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than fifty percent destroyed if the estimated cost of reconstruction or repair exceeds fifty percent of the replacement cost as determined by the building official.

2.

Remodeled, unless the sign is remodeled to comply with this chapter.

3.

Located on a structure that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, expansion or remodel. An enlargement, expansion or remodel of the portion of the structure upon which the nonconforming sign is located or that is more than fifty percent of the building area shall be deemed to affect the nonconforming sign.

4.

The nonconforming sign is temporary.

D.

Continuance of nonconforming signs. Except as provided in Subsection C. (Removal of nonconforming signs) above, a nonconforming sign may be continued and shall be maintained in good condition as required by this chapter, but it shall not be:

1.

Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed. "Customary maintenance" as defined in the Outdoor Advertising Act shall be allowed.

2.

Structurally altered to prolong the life of the sign, except to meet safety requirements.

3.

Altered or expanded in any manner that increases the degree of nonconformity.

E.

Repairing and repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign's customary maintenance and repair.

F.

Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the sign copy so long as there is no change in the structure or configuration of the sign.

(Ord. No. 244-21, § 1, 7-21-2021)

17.11.130 - Signs on public property.

A.

In adopting this section the city council acts in its proprietary capacity as to city property. This section states city policies and rules for the display of signs on city property.

B.

Intent as to public forum. The city declares its intent that all public property shall not function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. Such specific areas shall be defined by resolution.

C.

General prohibition. Unless a specified sign type is exempt from the permit requirement, private persons may display signs on public property only after obtaining a sign permit. Any permit application which is denied is appealable to the planning commission in accordance with the provisions in Section 17.05.260.4 of this Code. A decision by the planning commission is appealable to the city council in accordance with the provisions in Section 17.05.280.7 of this Code.

D.

Temporary inanimate signs in the public right-of-way. Temporary signs displaying any type of variety of constitutionally protected noncommercial speech may be displayed by private persons up to sixty days prior and five days after the referenced event. Such sign display by private persons is subject to a sign permit and the following rules:

1.

Sign area. The maximum allowable sign area is six square feet per sign (measured on both sides).

2.

Height. Maximum height of freestanding signs is five feet.

3.

Posting on structures. All signage within the public right-of-way shall be self-supporting and freestanding. No temporary sign shall be posted on any streetlight, utility pole, post, pole or structure supporting a traffic control sign or signal, fire hydrant, or similar structures in the public right-of-way.

4.

Safety of placement. Temporary signs posted in the public right-of-way shall meet the following criteria:

a.

When located in the corner clear zone, the sign shall not exceed thirty inches in height.

b.

Signs shall not obstruct a motorist's view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic.

c.

Signs shall not impede a pedestrian's free use of the sidewalk.

d.

Signs shall be securely affixed to the property on which they are placed.

e.

Signs shall not be placed in the center of public roadway medians.

5.

Sign removal. Temporary signs shall be removed from the public right-of-way not later than the removal date indicated in the sign permit application."

(Ord. No. 244-21, § 1, 7-21-2021)