Chapter 17.34 — UNCLASSIFIED - INTERIM (U) ZONE

The unclassified-interim (U) zone is intended to be applied on an interim-period basis to lands which are substantially undeveloped, which have no particular use character established, or which are in transition from an agricultural or other general use to more urban types of uses. The U zone is to be considered a temporary holding zone which will be replaced by precise primary zones as determined on the basis of zoning studies.

(Ord. 82-4 §3 (part)).

The following are principal permitted uses in the U zone:

Use Group 42 (a) General agriculture.

(Ord. 82-4 §3 (part)).

17.34.030 - Conditional uses.

The following are conditional uses in the U zone:

Use Group

2 (a) Single-family residence.

(Ord. 82-4 §3 (part)).

Other regulations shall be as provided for the R1 zone, or as may be specified in an approved use permit.

(Ord. 82-4 §3 (part)).

Chapter 17.36 - PLANNED UNIT DEVELOPMENT COMBINING (-PD) ZONE

Sections:

17.36.010 - Purpose.

The planned unit development combining (-PD) zone is intended to allow flexibility in development by absolving tracts of land from the strict application of conventional zoning rules; to permit clustering of residential and other structures in order to increase open space and promote variety in layout; and to encourage living and working environments superior to those possible under primary zoning regulations.

(Ord. 82-4 §3 (part)).

The -PD zone is a combining zone, and the regulations contained in this chapter and in the development plan for each tract included in the -PD zone shall be applied in addition to and in combination with the regulations of the primary zone to which the -PD designation is attached. In the event of any conflict between the -PD regulations contained in this chapter, or in a development plan approved pursuant to this chapter and the regulations of the primary zone to which the -PD designation is attached, the -PD regulations shall control and supersede the regulations of the primary zone.

(Ord. 82-4 §3 (part)).

A tract of land may be included in the -PD zone only if:

A.

It consists of a single parcel, or two or more contiguous parcels;

B.

The city council has approved a development plan for the tract in the manner provided in this chapter.

(Ord. 84-8 §2: Ord. 82-4 §3 (part)).

Notwithstanding any provision to the contrary in this title, all uses within a -PD zone shall be conditional uses; and all uses listed in a primary zone as principal permitted uses shall be deemed to be conditional uses whenever the primary zone is combined with the -PD designation. Approval of a development plan pursuant to this chapter shall constitute a conditional use permit for the uses described in the plan.

(Ord. 82-4 §3 (part)).

The following procedures shall be followed for inclusion of land within the -PD zone:

A.

Preliminary Development Plan. Before filing a formal application for rezoning of land in the -PD zone, the applicant shall submit a preliminary development plan prepared by a licensed architect, engineer or urban planner, which shall include, at a minimum, the following information:

1.

Ownership and existing uses of adjacent properties;

2.

Topographic contours;

3.

Existing roadways and utility easements;

4.

Existing watercourses, drainage swales, storm drains, floodways and areas subject to inundation;

5.

Existing wooded areas, unusual geological features, and environmentally sensitive areas;

6.

Proposed land uses, population densities and building intensities;

7.

Proposed circulation patterns, showing both public and private streets;

8.

Proposed parks, playgrounds, school sites and open space;

9.

Proposed building sites, roadways and utility easements, together with lot lines if a subdivision is contemplated;

10.

Such other information as the planning director may require in order to determine whether the proposed project fulfills the purpose of the -PD zone and meets the general development criteria set forth in this chapter;

11.

A narrative section describing the objectives of the project, its design concept, all proposed forms of ownership and proposed covenants, conditions, restrictions and maintenance agreements.

B.

Hearing on Preliminary Plan. The planning commission shall hold a public hearing on the preliminary development plan, and shall give notice of hearing in the manner required for use permit applications. It

shall report its recommendations to the city council in writing. Upon receipt of the commission's recommendations, the city council shall hold a public hearing on the preliminary development plan and shall give notice of hearing in the manner required for use permit applications. Upon conclusion of the public hearing, the city council may approve the preliminary development plan "in principle," and such approval shall be limited to the general acceptability of the land uses proposed, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility, and shall not be deemed to be in any form or sense a commitment by the city to approve any subsequent formal rezoning application or final development plan.

C.

Application for Rezoning. After the city council has approved a preliminary development plan in principle, the applicant shall submit a formal application for rezoning of the territory within the -PD zone, together with a full development plan which shall include all of the following elements:

1.

All information required to be included in the preliminary development plan;

2.

A sepia map with ten prints of a survey of the property, showing existing features of the property, including specimen trees, structures, streets, easements, utility lines and land uses;

3.

A sepia map with prints as required by the planning director of a precise site plan which shall be in conformity with the approved preliminary development plan, and shall depict the approximate location and proposed density of dwelling units, and nonresidential building intensity;

4.

A schedule for the development of the project, including but not limited to a timetable for phased construction, description of design principles for buildings and streetscapes, tabulation of the total number of acres in the proposed project and the percent thereof designated for each proposed land use, the number of dwelling units proposed (listed by type of unit), proposed retail sales area and economic justification therefor, and standards for height, open space, building intensity, population density and public improvements;

5.

Evidence that the applicant has sufficient control over the land to carry out the proposed project;

6.

Building plans, including floor plans and exterior elevations;

7.

Landscaping plans;

Engineering plans, including site grading, street improvements and public utility extensions as necessary;

9.

Geological studies, as necessary;

10.

Engineering feasibility studies, as necessary.

D.

Findings and Approval. The planning commission, after public hearing, may recommend the inclusion of the territory for the proposed project within the -PD zone; and the city council, after public hearing, may by ordinance amend the zoning map of the city to include such territory within said zone; provided, however, that the city council shall not adopt an ordinance including territory within the -PD zone unless and until it shall make the following findings of fact based upon substantial evidence:

1.

That the proposed project is likely to be substantially completed within four years after inclusion of the territory within the -PD zone;

2.

That the proposed project is consistent with the city's general plan;

3.

That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and that increased densities will not generate traffic in such amounts as to overload the street network outside of the -PD zone;

4.

That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under the regulations applicable to primary zones;

5.

That any exception from primary zone requirements is warranted by the design and amenities, including open space, incorporated in the development plan for the project;

6.

That existing or proposed utility services are, or will be, adequate for the population densities proposed in the development plan.

E.

Conditions on Approval. In taking action on an application for a planned unit development project pursuant to this chapter, the city council may attach conditions to its approval or require that specified amendments be made prior to approval of the development plan.

(Ord. 82-4 §3 (part)).

Chapter 17.38 - FLOODWAY COMBINING (-FW) ZONE[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 11-03, § 2, adopted September 28, 2011, amended Chapter 17.38 in its entirety to read as herein set out. Former Chapter 17.38, §§ 17.38.010—17.38.060, pertained to similar material, and derived from Ord. No. 82-4 and Ord. No. 86-22.

The floodway combining (-FW) zone is intended to provide for passage of one-hundred-year base floodwaters, and to provide reasonable measures for protection of life and property, in areas which are extremely hazardous owing to velocity of floodwaters, debris and erosion potential.

(Ord. 11-03 § 2, (part))

The legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Willits does hereby adopt the following floodplain management regulations.

(Ord. 11-03 § 2, (part))

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "flood insurance study (FIS) for the city of Willits, with accompanying flood insurance rate maps (FIRM's) and flood boundary and floodway maps (FBFM's), dated July 19, 1982 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRM's and FBFM's are on file at the city of Willits Community Development Department, 111 E. Commercial St., Willits, CA, 95490.

(Ord. 11-03 § 2, (part))

No structure or land hereafter shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 11-03 § 2, (part))

17.38.040 - Interpretation.

A.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance provision, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B.

In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the city;

3.

Deemed neither to limit nor repeal any other powers granted to the city under the Constitution and laws of the state of California.

(Ord. 11-03 § 2, (part))

All areas designated by the symbol "-FW" on the zoning map of the city shall be subject to the regulations and restrictions contained in this chapter.

(Ord. 11-03 § 2, (part))

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"A zone." See "special flood hazard area."

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred-year flood"). Base flood is the term used throughout this chapter.

"Base flood elevation" (BFE) means the elevation shown on the flood insurance rate map for zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides. "Building." See "structure."

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 28, 1982.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation

more than one foot. Also referred to as "regulatory floodway."

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The flood openings standard in Section 17.04.080(D)(1);

b.

The anchoring standards in Section 17.04.080(A);

c.

The construction materials and methods standards in Section 17.04.080(B); and

d.

The standards for utilities in Section 17.04.100.

2.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after July 28, 1982, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 28, 1982.

"One-hundred-year flood" or "100-year flood." See "base flood."

"Recreational vehicle" means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1—A30, AE, A99, or, AH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction,

rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 11-03 § 2, (part))

The following regulations shall apply to all areas within the floodway combining (-FW) zone:

A.

All encroachments (including but not limited to fill, new construction, substantial improvements of any kind and other development) are prohibited unless and until a registered engineer or architect has provided written certification, satisfactory to the city council, that any proposed encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

B.

Where encroachment is permitted by the city council pursuant to subsection A of Section 17.38.060, all new construction and all substantial improvements shall comply with the flood hazard reduction regulations contained in Chapter 17.40 of this title.

C.

Before permitting the alteration or relocation of any private watercourse, the city council shall cause notice of the proposed alteration or relocation to be given in writing to the North Coast Regional Water Quality Control Board (or successor agency) and neighboring communities, and shall submit evidence thereof to the Federal Insurance Administrator or his designee.

D.

Before permitting the alteration or relocation of any riverine watercourse, the city council shall require written assurances from a registered professional engineer or architect that the flood-carrying capacity within the altered or relocated portion of such watercourse is maintained. In its sole discretion, the city council may determine that any such assurances are incomplete or inadequate, and may deny approval of the proposed alteration or relocation.

E.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Willits.

(Ord. 11-03 § 2, (part))

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 11-03 § 2, (part))

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 11-03 § 2, (part))

Chapter 17.40 - FLOODPLAIN COMBINING (—FP) ZONE[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 11-03, § 3, adopted September 28, 2011, amended Chapter 17.40 in its entirety to read as herein set out. Former Chapter, §§ 17.40.010—17.40.120, pertained to similar material, and derived from Ord. No. 82-4; Ord. No. 86-22 and Ord. No. 88-2.

The floodplain combining (-FP) zone is intended to provide regulations which will protect life and minimize property damage in areas of special flood hazard subject to inundation during a one hundred-year base flood.

(Ord. 11-03 § 3, (part))

17.40.020 - Basis for establishing areas of special flood hazard.

Section 17.38.020 shall apply to this chapter.

(Ord. 11-03 § 3, (part))

No structure or land hereafter shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. The rules of interpretation set forth in Section 17.38.040 shall apply to this chapter.

(Ord. 11-03 § 3, (part))

All areas designated by the symbol "-FP" on the zoning map of the city shall be subject to the regulations and restrictions contained in this chapter.

(Ord. 11-03 § 3, (part))

The principal and conditional uses permitted in the -FP zone shall be the same as those allowed under the primary zone with which the -FP zone is combined; provided, however, that the restrictions, regulations and prohibitions contained in this chapter shall supersede and take precedence over any inconsistent primary zone regulations.

(Ord. 11-03 § 3, (part))

The definitions set forth in Section 17.38.054 shall apply to this chapter.

No person shall begin any construction or development within the -FP zone without first obtaining a development permit from the building official. Application for such permit shall be made on forms furnished by the building official, and shall contain the following information:

A.

Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevation of the areas to be developed, all existing and proposed structures, fill, storage of materials, and drainage facilities;

B.

Proposed elevation of the lowest floor (including basement) of all structures, shown in relation to mean sea level; and in zone AO, as depicted on the flood insurance rate map, the elevation of existing grade and proposed elevation of existing grade and proposed elevation of the lowest floor of all structures with reference to, mean sea level;

C.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

D.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria set forth in Sections 17.40.080 through 17.40.120; and

E.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(Ord. 11-03 § 3, (part))

17.40.070 - Duties and responsibilities of the floodplain administrator.

A.

The building official is designated as the floodplain administer and shall administer the provisions of this chapter, and shall receive, review and act upon all applications for development permits. In reviewing permit applications, he shall determine:

1.

Whether the permit requirements of this title have been satisfied;

2.

Whether the site is reasonably safe from flooding;

3.

Whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

a.

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,

b.

Be constructed with materials resistant to flood damage,

c.

Be constructed by methods and practices that minimize flood damages, and

d.

Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating

within the components during conditions of flooding.

4.

Before issuing a building permit, the building official must determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Willits.

5.

All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

The building official shall obtain and maintain for public inspection and copying all maps, data, certifications and other information reasonably related to administration of this chapter.

The building official is authorized, where necessary, to make interpretations as to the exact location of zone boundaries, and of boundaries of areas of special flood hazard.

The building official shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.

Notification of Other Agencies.

1.

Alteration or Relocation of a Watercourse.

a.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation.

b.

Submit evidence of such notification to the Federal Emergency Management Agency; and

c.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2.

Base Flood Elevation Changes Due to Physical Alterations.

a.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b.

All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

For development in an A zone, when base flood elevation data has not been provided in accordance with Section 17.40.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 17.04.080.

(Ord. 11-03 § 3, (part))

The following construction standards shall apply to all development and construction within areas of special flood hazard, including all areas within the -FW and -FP zones:

A.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall meet the anchoring standards set forth in Section 17.40.120.

B.

All new construction and substantial improvement of existing structures shall employ materials and utility equipment resistant to flood damage, and methods and practices that minimize flood damage.

C.

All new construction and substantial improvement of residential structures shall have the lowest floor, including basement:

1.

In AE, AH, A1-30 zones, elevated to or above the base flood elevation.

2.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

3.

In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 17.40.070(F).

Upon completion of the structure, the elevation of the, lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor and verified by the building official to be properly elevated.

4.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

D.

All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize the hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:

1.

For non-engineered openings:

a.

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.

The bottom of all openings shall be no higher than one foot above grade;

c.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

d.

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

2.

Be certified by a registered civil engineer or architect.

E.

All new construction and substantial improvements of nonresidential construction either shall be elevated as required by subsection C of Section 17.40.080, or together with attendant utility and sanitary facilities shall:

1.

Be floodproofed together with attendant utility and sanitary facilities, below the elevation recommended under subsection C of Section 17.40.080, so that the structure is watertight, with walls substantially impermeable to the passage of water;

2.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3.

Be certified by a registered civil engineer or architect that the standards of this subsection have been satisfied. Such certification shall be provided to the building official.

F.

Manufactured homes shall meet the standards set forth in subsections C or E of this section, and, in addition, meet the standards set forth in Section 17.40.120.

(Ord. 11-03 § 3, (part))

The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or could be injurious to human or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within a reasonable time after flood warning.

(Ord. 11-03 § 3, (part))

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. On-site

waste disposal systems shall be located so as to avoid impairment to them, or contamination from them, during flooding.

(Ord. 11-03 § 3, (part))

The following regulations shall apply to subdivisions within the -FP zone:

A.

All preliminary subdivision proposals shall identify flood hazard areas and base flood elevations.

B.

All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator.

C.

All subdivision proposals shall be consistent with the need to minimize flood damage.

D.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed so as to minimize flood damage.

E.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

F.

No subdivision shall be approved where any parcel to be created by the subdivision and intended for development, other than open space or recreational purposes, would be located entirely within an area of special flood hazard or where a parcel would not have an adequate building site located outside of an area of special flood hazard.

(Ord. 11-03 § 3, (part))

The following standards shall apply to all manufactured homes within the -FP zone. All new and replacement manufactured homes and additions to manufactured homes shall:

A.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are

not subject to the provisions of subsection A of Section 17.40.120 will be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement, and be elevated so that either the:

1.

Lowest floor of the manufactured home is at or above the base flood elevation;

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

B.

All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

1.

Within zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2.

No manufactured home shall be placed in a floodway.

(Ord. 11-03 § 3, (part))

All recreational vehicles placed in zones A1-30, AH, and AE will either:

A.

Be on the site for fewer than one hundred eighty consecutive days;

B.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

C.

Meet the permit requirements of Section 17.40.060 of this ordinance and the elevation and anchoring requirements for manufactured homes in subsection A of Section 17.40.120.

(Ord. 11-03 § 3, (part))

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of the ordinance codified in this chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

A.

Conditions for Variances.

1.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.40.060 through Section 17.40.130 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.40.054 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance.

5.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

b.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Mendocino County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

B.

Approval of Variances. The city council shall have the authority to hear and pass on requests for variances. In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1.

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger of life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4.

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges;

12.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause;

b.

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

c.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

13.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsection B of Section 17.40.140 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance;

14.

Upon consideration of the factors of subsection A of Section 17.40.140 and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 11-03 § 3, (part))

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 11-03 § 3, (part))

The ordinance codified in this chapter and the various parts thereof are hereby declared to be severable. Should any section of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 11-03 § 3, (part))

Chapter 17.42 - SEISMIC STUDY COMBINING (-SS) ZONE

Sections:

17.42.010 - Purpose.

The seismic study combining (-SS) zone is intended to be applied to parcels of land identified as a Seismic Study Zone by the California Division of Mines and Geology pursuant to the Alquist-Priolo Act.

(Ord. 82-4 §3 (part)).

Development within the -SS zone shall be subject to the regulations set forth in Division 2, Chapter 7.5 of the California Public Resources Code, and the policies and criteria of the State Mining and Geology Board with reference to the Alquist-Priolo Special Studies Zones Act. The city council, by resolution, may adopt regulations implementing this chapter.

(Ord. 82-4 §3(part)).

Chapter 17.44 - SPECIAL LOT SIZE COMBINING (-B) ZONE

Sections:

The special building site combining (-B) zone and subzones thereunder are intended to be combined with any principal zone in locations where sound and orderly planning indicates that lot area requirements should be modified. The following regulations shall apply in any principal zone which is combined with a special building site combining or -B zone in lieu of the lot area requirements normally applicable in such principal zone.

(Ord. 82-4 §3(part)).

Lot regulations for -B zones are as follows:

A.

Lot Area. The minimum lot area shall be indicated by a number following the -B zone symbol, which number specifies the minimum required site area in thousands of square feet.

B.

Subdivision Prohibition. In any zone where the principal zone is combined with the symbol -B followed by the symbol -L, no further subdivision of existing recorded parcels will be permitted.

(Ord. 82-4 §3(part)).

Chapter 17.46 - NATURAL HAZARD COMBINING (-H) ZONE

Sections:

17.46.010 - Application of regulations—Use permit.

In any basic zone with which the (-H) district is combined, the following regulations shall apply in combination with those of the basic zone:

A.

A use permit shall be required for all uses listed as permitted in the basic zone.

B.

Use permits shall be conditional, to recognize and reduce natural hazards related to land slope, erosion, soil stability, seismic action, wildfire, periodic inundation and other similar natural hazards to life, property and the natural environment.

(Ord. 82-4 §3(part)).

Chapter 17.48 - HISTORICAL RESOURCES

Sections:

A.

It is hereby found that historical resources within a community enrich it by providing it with a district identity and a link with the past, and by serving as a source of ideas for contemporary buildings, designers and other artisans. It is further found that the number of irreplaceable historical resources within the community is limited and declining, and that the preservation of such resources is essential to the general welfare of the public. The purpose of this chapter is to encourage the preservation of historical resources through review by the planning commission and by requiring that the actions to remove or demolish historical resource structures and proposals to develop historical resource sites be deferred for a reasonable period of time, to allow their acquisition and relocation of such structures by interested persons and organizations, and to give property owners a greater opportunity to make careful considerations as to decisions which would have an adverse effect on historical resources.

B.

This chapter is adopted pursuant to Section 37361 of the California Government Code, which authorizes the adoption of special regulations for the protection, enhancement, perpetuation or use of places, buildings, structures and other objects having a special character or special historical or aesthetic interest or value.

(Ord. 82-4 §3(part)).

The planning commission shall have the following powers and duties pursuant to this chapter:

A.

To initiate proceedings with regard to recommendations to the city council that the General Plan be amended to designate as historical resources, or to eliminate from such designation, particular buildings, structures, trees, plant life and sites, and to inspect and investigate any such historical resource or proposed historical resource;

B.

To conduct public hearings at which said planning commission shall consider whether it shall recommend to the city council that the General Plan should be amended as set forth in subsection A;

C.

To review proposals for the demolition, substantial exterior alteration, moving or removal of any historical resource structure, or proposals for the development of any historical resource structure, or proposals for the development of any historical resource site, and to consider whether it shall make such findings necessary for the deferral for a limited period of actions which would be detrimental to the preservation of historical resources.

(Ord. 82-4 §3(part)).

17.48.030 - Designation of historical resources—Removal of designation.

A.

General Plan Amendment Required. The designation of buildings, structures, trees, plant life and sites as historical resources, and the removal of such designation, shall be accomplished by amendment to the General Plan in accordance with the procedure established pursuant to this chapter.

B.

Initiation of General Plan Amendment.

1.

Amendments to the General Plan to designate as historical resources or remove from such designation buildings, structures, trees, plant life or sites may be initiated by the city council, the commission, the director of planning, or the owner of the subject real property or his authorized agent.

2.

Other persons and organizations interested in the preservation of historical resources may submit to the director of planning written requests that specified buildings, structures, trees, plant life or sites be designated as historical resources, or that such designation be removed. Upon receipt of any such request, the director of planning shall investigate the proposal and inspect the real property in question, and upon the conclusion of his investigation shall report to the commission his recommendation as to whether a General Plan amendment should be initiated to designate said property as a historical resource. The commission shall consider the recommendation and decide whether it should initiate such a General Plan amendment.

3.

Consideration of the proposed amendment to the General Plan by the commission and the city council, with regard to a historical resource or a proposed historical resource, shall be in accordance with the procedure for processing and consideration of amendments to the General Plan prescribed by state law, city ordinance, and the resolutions and procedural rules and regulations of the city council and the commission.

(Ord. 82-4 §3(part)).

17.48.040 - Notice and recordation of designation and removal of designation of historical resource.

Whenever the city council designates any building, structure, tree, plant life or site as a historical resource, or removes such designation, the city clerk shall give written notice of the action of the city council to the owner of the historical resource (as shown on the last assessment roll of the county assessor), the county board of realtors, the director of public works, the planning director, and any person who has filed a written request with the city clerk for such notice. The city clerk shall cause to be recorded in the office of the county recorder a copy of each resolution designating a historical resource or removing such designation.

(Ord. 82-4 §3(part)).

17.48.050 - Moving, removal or destruction of historical resource structures—Development projects on historical resource sites.

A.

No historical resource structures shall be enlarged, substantially altered as to its exterior, moved, removed or demolished, except in conformance with this chapter.

B.

No development project shall be approved for any land on which a historical resource site is located, except in conformance with this chapter. As used in this chapter, "development project" means the subdivision of land or the issuance of any permit authorizing grading, excavation or construction of buildings or structures.

(Ord. 82-4 §3(part)).

17.48.060 - Moving, removal or destruction of historical resource structures—Where no permit is required.

A.

Application. This section applies to historical resource structures as to which the moving, removal or destruction requires no permit.

B.

Notice of Intention. No person shall move or destroy any historical resource structure as to which this section is applicable unless he shall have filed with the director of planning a written notice of intention to take such action, and unless one of the following shall have occurred:

1.

The director of planning shall have authorized the moving, removal or destruction of the historical resource structure pursuant to Section 17.48.070B; or

2.

The commission shall have reviewed the proposed action and shall have made the findings necessary to enable the historical resource structure to be removed, demolished or destroyed without the necessity of any waiting or grace period; or

3.

The commission shall have authorized removal of the historical resource structure pursuant to plans reviewed pursuant to Section 17.48.080C; or

4.

The ninety-day grace period prescribed in Section 17.48.080 shall have elapsed.

(Ord. 82-4 §3(part)).

17.48.070 - Board to review applications for enlargements and alterations.

A.

Except as provided in subsection B, upon the filing of an application for a permit to enlarge or to substantially alter the exterior of a building or structure which has been designated as a historical resource structure, the commission shall review for approval of the proposal.

B.

Where the director of planning finds that any such enlargement or alteration must be undertaken promptly to adequately protect the public health and safety, due to a hazardous condition of the building or structure, he shall do one of the following:

1.

He shall advise the secretary and the chairman of the commission immediately of his finding, and the chairman shall immediately call a special meeting, to be held within three days, to review the proposal in the manner set forth in subsection A. The procedure for calling such meeting shall be as set forth in Section 54956 of the Government Code.

2.

If he finds, additionally, that the danger to the public health and safety is so immediate that no delay in undertaking the work should be required, he may authorize the issuance of the permit in conformance with other applicable requirements of this code, to the extent necessary to eliminate the hazardous conditions, without referral.

(Ord. 82-4 §3(part)).

A.

Upon the filing of any of the following:

1.

An application for a permit for the removal or demolition of a historical resource structure; or

2.

A notice of intention to move, remove or destroy a historical resource structure pursuant to Section 17.48.060; or

3.

An application for a development project on any land which a historical resource site is located; the director of planning shall refer the application or matter to the commission for review for a hearing to be conducted within thirty days of the filing of the application or notice of intention, except as provided in subsection B.

B.

1.

Upon the filing of an application or notice of intention involving the removal, demolition or destruction of a historical resource structure, an inspection shall be made or caused to be made of the physical condition thereof by:

a.

The building official, in the case of a building or structure; or

b.

The parks superintendent, if it is a tree or plant life.

2.

The inspecting official shall report to the director of planning as to the physical condition of the historical resource structure. If the director of planning finds that the removal, demolition or destruction of the historical resource structure must be undertaken promptly to adequately protect the public health and safety due to a hazardous condition of the historical resource structure, he shall do one of the following:

a.

He shall advise the secretary and the chairman of the commission immediately of his findings, and the chairman shall immediately call a special meeting, to be held within three days, at which a hearing shall be

held and findings shall be made pursuant to subsection D. The procedure for calling such meeting shall be as set forth in Section 54956 of the Government Code.

b.

If he finds, additionally, that the danger to the public health and safety is so immediate that no delay in undertaking the removal, demolition or destruction should be required, he may authorize the issuance of the permit (if such is required) or the removal, demolition or destruction (if no permit is required) in conformance with other applicable requirements of this code, to the extent necessary to eliminate the hazardous condition, without referral of the matter.

C.

1.

At any hearing held in connection with a historical resource structure, the commission shall hear and consider evidence as to its physical condition, its cost of restoration, and its historical significance and functional value. If, at the conclusion of the hearing, the commission makes one of the following findings:

a.

That the historical resource structure may be removed elsewhere without substantial damage to it; or

b.

That the historical resource structure may be maintained at its present location so as to create an immediate or potential hazard to other buildings or structures, or their occupants, or to plant or animal life on the same lot or on any adjacent lots, and that the expense of restoration of the historical resource structure is not disproportionately great in relation to its historical significance and functional value; the historical resource structure shall not be removed, destroyed or demolished, nor shall any permit be issued authorizing such removal, destruction or demolition for a period of ninety days from the date the commission makes its finding; provided, however, that if the commission finds that the historical resource structure may be removed elsewhere without substantial damage to it, the commission may authorize the removal thereof prior to the expiration of such ninety-day period on the condition that it be removed to a specific site if plans shall have been submitted to the commission showing the relocation site and where the historical resource structure will be placed thereon.

2.

If at the conclusion of the hearing the commission makes all of the following findings:

a.

That the historical resource cannot be removed elsewhere without substantial damage to it; and

b.

That the historical resource structure, if maintained at its present location, would create an immediate or potential hazard to other buildings or structures or their occupants, or to plant or animal life on the same or

on any adjacent lot; or

c.

That the expense of restoration of the historical resource structure at its present location is disproportionately great in relation to its historical significance and functional value; then without the ninetyday period set forth above, a permit for the removal, destruction or demolition of the historical resource structure, if necessary, shall be issued if the application therefor shall be in conformance with all other requirements of this code, and if no such permit is required, the historical resource structure may be removed, demolished or destroyed.

D.

1.

At any hearing held in connection with a historical resource site, the commission shall hear and consider evidence as to the effect which the development project would have on the historical resource site.

a.

If at the conclusion of the hearing the commission finds that the development project as a whole would interfere with the continued maintenance and preservation of the historical resource site, such project shall not be approved for a period of ninety days from the date the commission makes the finding.

b.

If at the conclusion of the hearing the commission finds that a portion of the development project would interfere with the continued maintenance and preservation of the historical resource site, the commission shall specify the portion of the land upon which the project would have such an effect, and such portion of the project shall not be approved for a period of ninety days from the date the commission makes its finding.

c.

If at the conclusion of the hearing the commission finds that the project would not interfere with the continued maintenance and preservation of the historical resource site, such project may be processed without the above-mentioned waiting period, in accordance with the otherwise applicable procedural and substantive requirements.

2.

The secretary of the commission shall promptly transmit any finding made pursuant to subdivisions a or b above to the person, organization, board, commission, committee or body which in the ordinary course of events would have jurisdiction to review the development project on behalf of the city.

(Ord. 82-4 §3(part)).

The commission shall not conduct any hearings or review any development project in connection with a historical resource site if it has previously heard and considered, pursuant to Section 17.48.080 D, a development project having a substantially similar effect on such site. It is the purpose of this section to provide for a single review where a proposal for development of a site requires a process to two or more actions by the city.

(Ord. 82-4 §3(part)).

The purposes of the ninety-day grace period required in Section 17.48.080 are as follows:

A.

To allow property owners to reconsider decisions to destroy, demolish or remove historical resource structures, or to take actions which would be adverse to the preservation of historical resource sites;

B.

To allow property owners to consider whether it would be feasible or practical to move a historical resource structure to another site;

C.

To promote consultation between the city, other public agencies, private historical organizations, civic groups, other interested persons and property owners to determine whether preservation of the historical resource may be accomplished through the participation or action of any such persons, groups, agencies or organizations, or the city.

(Ord. 82-4 §3(part)).

While a ninety-day grace period is in effect pursuant to Section 17.48.080 with regard to a historical resource site, the commission shall have jurisdiction to hear, consider, and review plans submitted by or with the consent of the property owner for the preservation of the site. If the commission finds that the specific proposal or plan is adequate to assure that the historical resource site will be preserved and that such proposal or plan will be incorporated as requirements or conditions of approval of the development project by the appropriate officials, agencies, boards, commissions or other bodies of the city having jurisdiction thereof, the grace period shall thereupon terminate rather than continue to its otherwise applicable expiration date.

(Ord. 82-4 §3(part)).

The secretary of the commission shall compile a list of persons, groups and organizations which are interested in the preservation of historical resources in the city. He shall transmit by mail to each person, group or organization on the list a notice of each meeting of the board at which a hearing will be conducted

regarding the designation of any historical resource; or the removal of any historical resource from its designation as such; or regarding any proposal for the removal, relocation, destruction or demolition of a historical resource structure; or regarding any development project on land which wholly or partially constitutes a historical resource site. He shall add persons, groups or organizations to this list upon their written request.

(Ord. 82-4 §3(part)).

Chapter 17.50 - PERFORMANCE STANDARDS

Sections:

No land or building in any district shall be used or occupied in any manner so as to create any:

A.

Dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard;

B.

Noise or vibration, smoke, dust, odor or other form of air pollution;

C.

Heat, cold, dampness, electrical or other disturbance;

D.

Glare;

E.

Liquid or solid refuse or wastes; or

F.

Other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"); provided, that any use permitted or not expressly prohibited by this title may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.

(Ord. 82-4 §3(part)).

All uses specified in this title are subject to performance standards, and uses accessory thereto are subject to performance standards procedure specified in this chapter, unless either the building official or director

of planning has reasonable grounds to believe that the proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedure.

(Ord. 82-4 §3 (part)).

Even though compliance with performance standards procedure in obtaining any permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance with performance standards shall be invoked by the building official against any use if there are reasonable grounds to believe that performance standards are being violated by such use.

(Ord. 82-4 §3(part)).

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (in this title referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in Section 17.50.050, subsections C, D, F and I shall be taken at different points in different districts in relation to the establishment or use creating the element being measured (in this title referred to as "point of measurement"), as follows:

A.

In any district except the M-H district: At the lot line of the establishment or use;

B.

In the M-H district: Five hundred feet from the establishment or use, or at the boundary or boundaries of the district if closer to the establishment or use, or at any point within an adjacent district, except for M-H or M-L districts.

(Ord. 82-4 §3 (part)).

The following performance standard regulations shall apply to all uses of property:

A.

Fire and Explosion Hazards. All activities involving and all storage of flammable or explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point.

B.

Fissionable Radioactive or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewerage systems; and no activities shall be permitted which emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance.

C.

Noise. At the points of measurement specified in Section 17.50.040, subsections A and B, the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I, after applying the correction shown in Table II. The sound-pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, N.Y. and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y., shall be used.

Table I

If the noise is not smooth and continuous and is not radiated between the hours of ten p.m. and seven a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

Table II

D.

Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.

E.

Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGrawHill Publishing Company, Inc., and copyrighted in 1954 (being a direct facsimile reproduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on such chart may be emitted for four minutes in any thirty minutes.

F.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the points of measurement specified in subsections A or B of Section 17.50.040, or at the point of greatest concentration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

G.

Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling, at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, Industrial Hygiene Standards, Maximum Allowable Concentrations, of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations, exceed 0.3 grains per cubic feet of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.

H.

Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at

the points of measurement specified in Section 17.50.040. This restriction shall not apply to signs otherwise permitted by the provisions of this title.

I.

Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction of such activities.

(Ord. 82-4 §3 (part)).

Chapter 17.52 - OFF-STREET PARKING AND LOADING REGULATIONS

Sections:

The provisions of this chapter shall be known as the "off-street parking and loading regulations." The purpose of these provisions is to provide functionally adequate, aesthetically pleasing and secure off-street parking and loading facilities.

(Ord. 82-4 §3(part)).

All uses and portions thereof erected or constructed, or hereafter altered, converted or enlarged so as to increase the floor space of the structure, the number of dwelling units, rooms, beds or seating capacity of the structure or the number of employees working at the structures shall be provided with not less than the number of parking spaces required by and constructed in accordance with this chapter.

(Ord. 87-12 §3: Ord. 82-4 §3 (part)).

17.52.030 - Required parking spaces.

A.

One-family or Two-family Dwellings, Multiple Dwellings, and Apartment Houses.

1.

Two parking spaces for each one-family dwelling or four parking spaces for each two-family dwelling;

2.

One and one-half parking spaces for each studio or efficiency dwelling unit and for each one or two bedroom dwelling unit located in a multiple dwelling or apartment house;

3.

Two parking spaces for each dwelling unit having three or more bedrooms located in multiple dwellings and apartment houses;

B.

Mobile Home Parks and Mobile Homes in Planned Developments.

1.

Two parking spaces for each mobile home unit. Parking spaces may be in tandem;

2.

One additional parking space for every five mobile home units, to be used as guest parking, located no farther than two hundred fifty feet from the mobile home it is intended to serve shall be provided in standard mobile home parks, and one additional parking space for every ten mobile home units shall be provided adjacent to open space areas;

C.

Hotels, Residential Hotels, Apartment Hotels, Resort Hotels, Clubs, Lodges, Boardinghouses, Fraternity and Sorority Houses.

1.

One parking space for each of the first twenty individual guest rooms or suites;

2.

One parking space for every two individual guestrooms or suites in excess of twenty;

D.

Motels and Tourist Courts. One parking space for each dwelling unit in a motel or tourist court;

E.

Recreational Vehicle Parks.

1.

One parking space for each recreational vehicle;

2.

One parking space for each full-time employee of the park;

3.

For the purpose of registration, spaces for temporary parking in proximity to the park office shall be provided in the following ratio:

100 occupant spaces — 3 spaces;

200 occupant spaces — 6 spaces;

300 occupant spaces — 8 spaces;

up occupant spaces — 10 or more spaces;

F.

Hospitals, Mentally Retarded Facilities, Psychiatric Facilities, Rest Homes, Sanitariums and Institutions. One parking space for every two beds;

G.

Auditoriums, Theaters, and Similar Places of Public Assembly. One parking space for every five seats. A "seat" means thirteen lineal inches of seating space when seats consist of benches or pews. For auditoriums without permanent seats, a "seat" means seven square feet of floor area;

H.

Elementary and Junior High Schools.

1.

One parking space for each employee, plus five and ten additional parking spaces for elementary and junior high schools, respectively;

2.

Auditorium parking shall be provided in accordance with subsection G of this section, provided that playground area available for parking purposes may be used to satisfy this requirement;

I.

High Schools.

1.

One parking space for each employee, plus one parking space for every two students in the eleventh and twelfth grades in the high school, plus twelve additional parking spaces;

2.

Auditorium parking shall be provided in accordance with subsection G of this section, provided that the number of spaces required for the auditorium may be reduced by the total number of spaces available for parking purposes in playground areas;

J.

Colleges.

1.

Main Campus. One parking space for each employee, plus one parking space for each student in the college (the total number of students to be determined as the maximum classroom capacity), plus ten additional spaces;

2.

Subcampuses and Off-campus Sites. One parking space for each employee, plus one space for every two students (the total number of students to be determined as the maximum classroom capacity), plus five additional spaces for subcampus administrative center;

3.

Auditorium Parking. Auditorium parking shall be provided in accordance with subsection G of this section; provided that the number of spaces required for the auditorium may be reduced by the total number of spaces required by paragraph 1 of this subsection, and by the number of spaces available for parking purposes in playground areas;

K.

Retail Business and Office Buildings. One parking space for every three hundred square feet of gross floor area, exclusive of floor area used for automobile parking space, in a retail business or office building, and one additional parking space for each staff member for medical and dental offices;

L.

Industrial, Except Mini-warehouse. One parking space for every one employee working on the largest shift, plus ten customer or visitors parking spaces.

M.

Wholesale, Storage Buildings and Warehouses. One parking space for every five hundred square feet of gross floor area.

N.

Institutions of an Educational, Philanthropic and Charitable Nature. For such institutions as may offer instruction, training or learning opportunities for students, trainees or participants, one parking space for each administrator, instructor or employee, plus one space for every two students, trainees, or participants; or one parking space for every three hundred square feet of gross floor area, whichever requires the greatest number of parking spaces;

O.

Swap Meets, Stalls, or Uses Not Enclosed in Buildings. One parking space for every three hundred square feet of gross open area or one parking space per stall, whichever shall result in the greatest number of parking spaces. Areas used to meet the parking space requirements of this subsection shall not be counted in the gross open area;

P.

Other Uses. For any use not specified above, one parking space for every two employees working on the largest shift or one parking space for every three hundred square feet of gross floor area, exclusive of floor area used for automobile parking space, whichever requires the greatest number of parking spaces;

Q.

Use Permit-parking Condition. A greater number of off-street parking and/or loading spaces may be required by the planning commission as a condition of a use permit.

(Ord. 88-9 §2; Ord. 82-4 §3 (part)).

17.52.040 - Relationship of required off-street parking to building site.

All required parking spaces shall be located on the same lot or building site with the use they are intended to serve; unless the site on which they are located meets one of the following conditions:

A.

There is a transversable pedestrian route, not more than four hundred feet in length, over and along public streets or walkways, or permanently established easements between the building or structures it is to serve and the use of the property upon which the parking spaces shall be constructed shall be secured by a written lease subject to the approval of the Willits planning commission; or

B.

A variance has been granted by the Willits planning commission in accordance with Section 17.52.110 of this chapter.

(Ord. 87-12 §4; Ord. 82-4 §3 (part)).

17.52.050 - Location of parking on building site.

A.

Covered Parking. Covered or enclosed parking spaces may be located anywhere on a building site where a structure may be located.

B.

Open Parking. Except as provided in subsection C, open parking spaces shall be outside the ultimate rightof-way of any street and shall not be located within any required front or side yard.

C.

Exceptions. A use permit may specify the location of parking in areas other than as provided in subsection B.

(Ord. 82-4 §3(part)).

Off-street parking spaces and areas shall meet the following design standards:

A.

Size and Access. An off-street parking space shall be an unobstructed space or area other than a street or alley, not less than nine feet wide, twenty feet long and seven feet high. Parking lot plans shall conform to the standards tabulated below and are subject to design review.

==> picture [421 x 475] intentionally omitted <==

Minimum Dimensions Based On A 9′ × 20′ Parking Stall

(Except For 0 Degree Parking Angle)

"E" = "D" at 45°

B.

Paving. All parking spaces and driveways serving them shall be hard-surfaced, with a minimum of one and one-half inches of road oil mix or other surfacing of a more durable type such as asphalt concrete.

(Ord. 82-4 §3 (part)).

Where bicycle spaces or motorcycle spaces are provided for uses in commercial and industrial zones, parking spaces otherwise required pursuant to Section 17.52.030 may be omitted in accordance with the following provisions and subject to the following limitations:

A.

One parking space may be omitted for each eight bicycle spaces provided.

B.

One parking space may be omitted for each two motorcycle spaces provided.

C.

Bicycle spaces shall measure at least two feet by seven feet and shall be located in groups of four and be equipped with locking devices for each bicycle. Bicycle spaces shall be located where access to such spaces is not hampered by physical barriers or parked vehicles.

D.

Motorcycle spaces shall measure four feet by eight feet and shall be provided with adequate unobstructed maneuvering areas to permit easy access to the space.

E.

In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent of the total required parking spaces.

(Ord. 82-4 §3 (part)).

A use permit may be approved to authorize collection off-street parking facilities serving two or more buildings or uses, or establishments in locations subject to commercial or industrial regulations, subject to the following requirements:

A.

The total parking spaces in such collective off-street parking facilities shall not be less than the sum of the requirements for the individual buildings, uses or establishments computed separately in accordance with the requirements of Section 17.52.030 unless the planning commission specifies another amount as a condition of granting a use permit.

B.

The permit may be conditioned upon the provision of landscaping, and other appropriate requirements.

(Ord. 82-4 §3 (part)).

All commercial and industrial buildings, hotels, hospitals and institutions hereafter erected, constructed, converted, established, or enlarged to increase their floor space, shall be provided with one loading space for the first ten thousand square feet of gross floor area or fraction thereof, and one additional loading space for each additional twenty thousand square feet of gross floor space or its fraction greater than ten percent.

A.

Minimum Size. A loading space shall be not less than ten feet wide, thirty-five feet long, and fourteen feet high.

B.

Access. A loading space shall afford adequate ingress and egress for trucks from a public street or alley.

(Ord. 82-4 §3 (part)).

No person shall erect, construct or hereafter alter, convert or enlarge any building or structure which eliminates any existing on-site parking spaces or otherwise would prevent the property from meeting the on-site parking requirements of the chapter.

(Ord. 87-12 §5).

A.

When, in the judgment of the planning commission, any parcel of land within the city cannot providing parking as required by this chapter and the applicant has provided as many on-site parking spaces as is possible on the site that meet the standards established by this chapter, the planning commission may, upon application by the landowner, grant a variance from the parking requirements. In granting a variance, the planning commission shall be guided by the following criteria:

Upon a showing by the applicant and a finding thereof by the planning commission as set forth below, a variance may be granted on one or more of the following grounds:

1.

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the on-site parking requirements deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications,

2.

Proximity to an under-utilized public parking lot which would reduce the need for on-site parking,

3.

Specific conditions exist which particularly affect the subject property as opposed to other properties in the district similarly situated; or

4.

Specific conditions exist as to the type of business enterprise or use permitted by the commission and which may affect the need for on-site parking;

B.

The burden shall be upon the applicant to demonstrate to the planning commission the grounds upon which he/she bases his/her application for variance. The planning commission shall make written findings of fact in support of its decision. The findings of fact shall demonstrate that the criteria set forth in this section have been met, shall be supported by substantial evidence in the administrative record and shall be made a part of the official minutes of the planning commission.

(Ord. 87-12 §6 (part)).

For uses other than residential uses, up to twenty-five percent of the required parking spaces may be devoted to compact car spaces. Such compact spaces shall be clearly labeled for compact cars in accordance with the signing standards established by the city, and grouped together in one or more locations or at regular intervals such that only compact vehicles can easily maneuver in the space. All compact spaces shall be a minimum of eight feet wide and sixteen feet long, measured along the angle of parking.

(Ord. 87-12 §6(part)).

Chapter 17.54 - SIGNS

Sections:

A.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the designs, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building except exempted signs.

B.

The findings and justifications for the various regulations, relative to signs and outdoor advertising signs, as contained in this chapter are as follows:

1.

To provide a reasonable system of controls of signs, integrated within this title;

2.

To encourage signs which are well-designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing;

3.

To encourage a desirable community character which has a minimum of overhead clutter;

4.

To enhance the economic value of the community and each area of it, through the regulation of such things as size, location, design and illumination of signs;

5.

To attract and direct persons to various activities and enterprises, in order to provide for the maximum public convenience;

6.

To encourage signs which are compatible with adjacent land uses; and

7.

To reduce possible traffic and safety hazards through good signing.

C.

It is recognized that the attractiveness of the community is an important factor of the general welfare of the citizens of the city and that reasonable control of signs is in the public interest.

(Ord. 85-18 §3 (part)).

17.54.020 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A.

"Building face" means and includes the general outer surface of a main exterior wall of a building. For example, a building whose plan is rectangular has four main exterior walls and four building faces.

B.

"Directional sign" means a sign that directs, points or guides; e.g., "one-way parking," etc.

C.

"Freestanding sign" means and includes any sign standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces.

D.

"Frontage" means and includes the front of a single-use parcel or commonly used parcel facing toward a public street or public right-of-way. This does not mean the fronts of individual businesses occupying a single parcel.

E.

"Marquee" means and includes any permanent roofed structure attached to and supported by a building and projecting over public property.

F.

"Projecting sign" means and includes any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outward therefrom. Any sign suspended under a marquee, porch, walkway covering or similar covering structure and in a place approximately perpendicular to the wall of the adjoining building shall be deemed to be a projecting sign.

G.

"Roof sign" means and includes any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering or similar covering structure, and supported by or connected to the building or roof.

H.

"Sign" means any object or device or part thereof situated outdoors, and which effect produced by it may be seen by persons upon public rights-of-way or in public areas and which is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct, or attract attention by selected means, including words, letters, fixtures, motion or illumination. A sign also includes cloth banners, balloons, festoons, painted signs, and vehicle advertising signs. The United States flag, or any governmental flag, properly displayed in an approved manner, patriotic bunting, and donor or memorial plaques are not included in this definition, or controlled by this chapter.

I.

The "sign area" of a sign without a border placed on the wall of a building shall be computed by enclosing the sign lettering within sets of parallel lines touching the outer limits of the sign message and computing the area thus enclosed. The "area" of other signs shall be calculated by adding the outer dimensions of all faces capable of presenting a sign message including the standard and frame.

J.

"Special, temporary, or promotional sign" means and includes any sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light material, with or without frames, and intended to be displayed outside for no more than four nonconsecutive thirty-day periods in a calendar year.

K.

"Off-premises sign" means any sign identifying a use, facility, service or product which is not located, sold or manufactured on the same premises as the sign.

(Ord. 91-2 §2 (part); Ord. 85-18 §3 (part)).

It is unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within this city without first obtaining from the planning department, a written permit to do so, paying the fees prescribed therefor, and otherwise complying with all the applicable provisions of this chapter.

(Ord. 85-18 §3 (part)).

No person shall erect any sign without first obtaining and filing with the planning director the written consent of the owner, lessee, or person having possession of the property upon which such sign is situated.

(Ord. 85-18 §3 (part)).

An application for a permit for each sign shall be made to the planning department.

(Ord. 85-18 §3 (part)).

The planning department shall charge a sign permit fee for every authorized sign within the city. The amount of the fee shall be fixed by resolution of the city council.

(Ord. 85-18 §3 (part)).

All signs and sign structures proposed in connection with new construction, or additions or alteration(s) of a building shall be reviewed and approved by the planning commission. Prior to the issuance of any sign permit by the planning director, the planning commission shall determine that any signing requested be in keeping with the building design, location, and good sign design. Otherwise, the planning director shall have the authority to review and approve all signs and sign structures not involving new construction, additions or alteration(s) of a building.

(Ord. 85-18 §3 (part)).

If the planning director is satisfied that the application for permit of the proposed sign conforms to the requirement of this chapter and the zoning ordinance, and that the fee prescribed by Section 17.54.060 has been paid, the planning director shall issue the requested permit. The applicant shall obtain all building and electrical permits as may be required by the building official.

(Ord. 85-18 §3 (part)).

Any sign within the city which fails to meet the requirements of this chapter or other applicable state statute or city ordinance, or for which a permit has been obtained in accordance with this chapter shall be subject to abatement through civil legal proceedings as a nuisance or, in the alternative, shall be deemed an infraction punishable by fine as provided by Ordinance 81-7.

(Ord. 85-18 §3 (part)).

The application fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit therefor, unless otherwise ordered by the planning department. Provisions of this section shall not limit other methods of enforcement in this chapter.

(Ord. 85-18 §3 (part)).

17.54.110 - Signs exempted.

This chapter shall not apply to the following types of signs:

A.

Directional, warning or informational signs required or authorized by law which are erected by federal, state, county or city authorities;

B.

Official notices issued by any court, public body or officer and posted in the performance of a public duty;

C.

Danger signs, railroad crossing signs and signs erected by public utilities indicating danger or aiding service or safety;

D.

"No trespassing," "no parking" and similar warning signs;

E.

Flags, emblems and insignia of a nation or political subdivision;

F.

Commemorative signs or plaques of recognized historical organizations;

G.

Temporary signs including displays of a civil, patriotic, political, religious or charitable nature;

H.

Signs on licensed commercial vehicles, provided that such vehicles are not used or intended to be used as portable signs;

I.

Small signs depicting trading stamps offered, credit cards accepted, notices of services required by law, trade affiliations, and the like, attached to any building or freestanding sign structure;

J.

Signs on awnings or removable canopies not permanently attached to or built as part of a building, provided that the sign copy is limited to name, occupation, street address, telephone number, date of establishment, and other comparable copy of a nonadvertising nature, which may relate to one or more separate establishments;

K.

Temporary window signs constructed of paper, cloth or similar expendable material;

L.

Signs advertising the price of automotive fuel (gasoline);

M.

Promotional signs may be allowed for any business to promote special commercial activities such as clearance sales or grand openings, for no more than four nonconsecutive thirty-day periods in a calendar year.

(Ord. 85-18 §3 (part)).

The following signs are prohibited:

A.

Rotating, Moving, Flashing, Changing, Reflecting or Blinking Signs. Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall be prohibited unless required by law or utilized by a proper governmental agency.

B.

Off-premises Signs. Any sign which does not advertise a use being made, or name of the owner or user, or which does not advertise a product, an interest, service or entertainment available on the premises where said sign is located shall be prohibited unless otherwise authorized herein.

C.

No permit for any sign shall be issued and no sign shall be constructed or maintained which does not comply with all provisions of this chapter or which has less horizontal or vertical clearance from

communication lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

(Ord. 85-18 §3 (part)).

No person shall place, erect or maintain or cause the placing, erecting or maintaining of any sign, except as is permitted by other governmental bodies or agencies, upon any public right-of-way or public area, including streets, sidewalks, alleys, drainageways, parkway areas between the sidewalk and the curb and parks.

(Ord. 85-18 §3 (part)).

No person shall attach or maintain any sign, poster or advertisement upon any public utility pole or structure, light pole, lamp, lamppost or tree.

(Ord. 85-18 §3 (part)).

17.54.150 - Signs which block, screen or interfere.

No sign structure shall be so located as to block another sign or block, screen, or interfere with walkways, access or structures on adjacent properties.

(Ord. 85-18 §3 (part)).

No sign shall be erected or maintained which:

A.

Interferes in any way with traffic; or

B.

Confuses traffic; or

C.

Presents any traffic hazard; or

D.

Obstructs traffic lights or traffic signs or utilizes any type of blinking, flashing light or lights or beacons.

(Ord. 85-18 §3 (part)).

17.54.170 - Residential districts.

No sign shall be erected in any residential district except as provided in this section:

A.

Churches and Quasi-public Organizations. In all residential districts, churches and quasi-public organizations may erect signs, as permitted by this title, on the premises identifying the premises or announcing activities thereon.

B.

Number. In residential districts there shall be no more than one wall sign and one freestanding sign for each property.

C.

Area. The total area of all signs shall not exceed fifteen square feet except for bed and breakfast facilities sign.

D.

Bed and Breakfast Facilities. Bed and breakfast facilities signs shall be limited to eight square feet.

(Ord. 85-18 §3 (part)).

A sign not illuminated, to advertise the sale or lease of property on which it is displayed and not exceeding fifty square feet.

(Ord. 85-18 §3 (part)).

Every projecting sign shall comply with the requirements of this section.

A.

Zones: CO, C1, C2, ML, MN, PF.

1.

Area. No such sign shall exceed 15 square feet.

2.

Height. No such sign shall extend above the top level of the wall upon or in front of which it is situated, or in the case of buildings which have slope roofs, above the roof ridge.

3.

Location. No such sign shall be placed over or above any public sidewalk or public place unless it is situated under or on a marquee, porch, or similar covering structure.

4.

Number. There shall be no more than one such sign per parcel.

(Ord. 85-18 §3 (part)).

17.54.200 - Freestanding signs.

Every freestanding sign shall comply with the requirements of this section.

A.

Zones: CO, C1, C2, ML, MH, PF.

1.

Area. Freestanding signs shall not exceed one square foot of sign area for each two feet of street frontage up to seventy-five square feet.

2.

Height. The maximum height of such signs shall be twenty-five feet.

3.

Location. Every sign shall be wholly on the owner's property.

4.

Number. There shall be no more than one such sign per parcel except automobile dealerships selling new automobiles may have separate freestanding signs to identify different makes of automobiles.

(Ord. 90-1 §2: Ord. 85-18 §3 (part)).

Every wall sign shall comply with the requirements of this section.

A.

Zones: CO, C1, C2, ML, MN, PF.

1.

Area. Wall signs shall not exceed two square feet of sign area for each foot of street frontage up to two hundred square feet.

Height. No wall sign shall extend above the roof line of the building to which it is affixed.

3.

Number. There shall be no more than four wall signs per parcel.

(Ord. 91-2 §2 (part); Ord. 85-18 §3 (part)).

17.54.220 - Political signs.

Applicants for political signs, as defined in this chapter, shall comply with the following requirements:

A.

The applicant shall post a twenty-five-dollar cash bond with the city to guarantee removal of the political signs.

B.

Such signs shall not be nailed to trees, fence posts, or public utility poles and shall not be located in the public right-of-way.

C.

No political signs shall be erected sixty days before the election to which they pertain.

D.

All political signs shall be removed within ten days after the election date of the bond posted shall be forfeited and the city shall use whatever part of the bond money as is necessary for removal. Any amount of the bond remaining shall be refunded upon request made within ninety days after the election.

E.

The twenty-five-dollar bond requirement shall also apply to signs located at campaign or party headquarters.

F.

No fee or permit shall be required for the right to erect political signs but the applicant, or his agent, shall file with the planning department a map or sketch or otherwise adequately indicate where the signs will be erected.

G.

Political signs are exempted from all other provisions of this chapter except Sections 17.54.130 and 17.54.140.

(Ord. 85-18 §3 (part)).

Nothing contained in this chapter shall prevent the city council from granting a temporary special permit or otherwise permitting, on such terms as it may deem proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the city, when it can be found that such signs will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property or improvements. Fees may be waived on approved permits. Signs must be removed ten days after the event.

(Ord. 85-18 §3 (part)).

On each parcel there shall be permitted the following combination of signs:

A.

Where there is freestanding sign, wall signs shall be permitted.

B.

Where there is no freestanding sign, both wall signs and one projecting sign shall be permitted.

C.

There shall be either a freestanding or projecting sign permitted, but not both.

(Ord. 85-18 §3 (part)).

A.

General. In accordance with the provisions of this chapter, signs may be allowed in commercial and industrial districts and for quasi-public uses in any district as part of a comprehensive master program, notwithstanding that such signs do not conform to all the specific regulations applicable in general to freestanding signs, wall signs, and other signs allowed pursuant to this section. A master signing program is a voluntary, optional alternative to the general sign regulations, intended to encourage the maximum incentive and latitude in order to achieve variety and good design. Exceptions to the general sign regulations may include, but are not necessarily limited to, the number of signs, height, location, sign area, illumination; provided, however, that notwithstanding the power of the planning commission to approve such specific exceptions, a master sign program shall be in substantial compliance with the general sign regulations and the planning commission finding that each and all such exceptions will accomplish the general objectives of these regulations.

B.

Application. A master signing program may be allowed only for a site (building improvements and the lot upon which located) which comes within at least one of the following categories:

One main building containing at least three separate uses;

2.

One or more uses located above the ground floor of a main building;

3.

At least two main buildings upon a lot with a separate use in each building.

C.

Finding required. The planning commission shall, prior to the approval of a master signing program, make the following findings in regard to the design of the signs to be maintained upon the site:

1.

Architectural style. That each sign is designed with an intent and purpose to relate the sign to the architectural style of the main building(s) upon the site, and to the extent not inconsistent with such style, that the sign will be compatible with the style or character of existing improvements upon lots adjacent to the site;

2.

That, consistent with such architectural style, each sign is designed to incorporate at least one of the predominantly visual elements, such as type of construction material, color or other design details. That any sign maintained upon a building have dimensions which are proportional to and visually balanced with the building facade of the side of the building upon which sign is maintained;

3.

Relationship to other signs. That each sign is well related to other signs maintained upon the master signing program site by the incorporation of not less than four of the following seven identified elements:

a.

Materials,

b.

Lettering of sign copy,

c.

Color,

d.

Illumination,

e.

Method used for structural support or attachment,

f.

Technical details of sign construction,

g.

Shape of entire sign and its several components.

D.

The planning commission may attach appropriate and reasonable conditions to any approval of the master signing program, including but not limited to, conditions which alter sign configurations, reduce the sign area, relocate signs upon the lot or buildings, or require other design modifications. The planning commission shall exercise a high degree of discretionary judgment in the review of a proposed master signing program and may decline to take action itself to approve, deny or conditionally approve any such program.

(Ord. 85-18 §3 (part)).

Every sign erected or proposed to be erected shall be classified by the planning director in accordance with the provisions of this chapter. Any sign which does not clearly fall within one of the classifications provided in this chapter shall be placed in the classification which the sign, in view of its design, location and purpose, most nearly approximates.

(Ord. 85-18 §3 (part)).

A.

The appropriate sections of the building code shall apply to the construction of signs. Guy wires or horizontal struts shall not be used. Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, and structural parts and supporting frames and fastenings free from deterioration, rot, rust and loosening. Without limiting the foregoing, no person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe condition.

B.

Inspection. The planning director or his authorized representative may at any time make such inspections as may be necessary or appropriate to ascertain whether any sign will comply or is complying with this chapter and other applicable laws.

(Ord. 85-18 §3 (part)).

All signs existing on the effective date of this chapter which do not conform to the standards set forth in this chapter shall be deemed to be legally nonconforming.

(Ord. 85-18 §3 (part)).

No nonconforming sign shall be in any manner altered, reconstructed, moved or its face changed without being made to comply in all respects with this chapter. Normal maintenance or repair of any nonconforming sign is not prohibited by this section.

(Ord. 85-18 §3 (part)).

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which has been abandoned. Any such sign shall promptly be abated by the owner or such other person. Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, and any sign which was erected for an occupant or business unrelated to the present occupant or his business, and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed to have been abandoned.

(Ord. 85-18 §3 (part)).

Any sign for a use which has been changed, and where new signs or sign copy are required, shall be made to conform with the regulations contained in this chapter upon its replacement, repair or reconstruction.

(Ord. 85-18 §3 (part)).

If a sign is damaged or requires repairs exceeding fifty percent of its market value, it either shall be brought into conformity with this chapter or removed.

(Ord. 85-18 §3 (part)).

Whenever a sign is found to be erected or maintained in violation of any provision of this chapter or of any other ordinance or law, the planning director shall order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within fourteen days of the date of such order. Failure, neglect or refusal to comply with such order of the planning director shall be sufficient basis for the revocation of any permit granted under this chapter and shall constitute a separate offense. In addition to any other remedies provided by law, the planning director shall have the power and authority summarily to remove, or cause to be removed, at the owner's expense, any sign erected or maintained in violation of the provisions of this chapter.

(Ord. 85-18 §3 (part)).

No person shall park any vehicle which has attached thereto or suspended therefrom any advertising sign on the street or on private property to display, demonstrate, advertise or attract the attention of the public.

(Ord. 85-18 §3 (part)).

A.

A request for a variance from the strict application of the terms of this chapter may be granted, granted subject to conditions, or denied by the planning commission. No variance may be granted unless the planning commission makes a written finding entered in its minutes that:

1.

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives the property or privileges enjoyed by other property in the vicinity;

2.

The variance granted shall be subject to such conditions as will assure that the adjustments thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such properties in the vicinity and zone are situated.

B.

A variance may be granted for a specified period of time, subject to specified conditions to accomplish the purpose of this section, and subject to reasonable guarantees of compliance with such conditions.

C.

Application for a variance shall be filed in the planning department upon a form provided, and shall be accompanied by a filing fee, and by such other information as may be required to describe fully the proposed variance.

D.

Upon receipt of such application, the planning secretary shall set the matter for public hearing by the planning commission. Notice of the time and place of the hearing shall be given at least ten calendar days before the hearing.

(Ord. 85-18 §3 (part)).

Chapter 17.56 - YARD AND HEIGHT EXCEPTIONS AND MODIFICATIONS

Sections:

This chapter shall clarify and recognize logical and acceptable standards for encroachments into required yards, and height restrictions. The requirements specified within this title shall be subject to the terms of this chapter.

(Ord. 82-4 §3 (part)).

Height limitations set forth elsewhere in this title shall not apply to:

A.

Barns, silos or other farm buildings or structures on farms, provided these are not less than fifty feet from every lot line; church spires, belfries, cupolas and domes; monuments, water towers, fire and hose towers, observation towers; distribution and transmission lines, towers and poles; windmills, chimneys, smokestocks, flagpoles, radio towers, masts and aerials; parapet walls extending not more than four feet above the limiting height of the buildings; and outdoor theater screens, provided such screens contain no advertising matter other than name of the theater;

B.

Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings; and provided further, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district;

C.

Bulkheads, elevators, penthouses, water tank monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; or towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders, or other structures where the manufacturing process requires a greater height; provided, however, that all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than twenty-five feet in all parts from every lot line not a street lot line.

(Ord. 82-4 §3 (part)).

The following exceptions and modifications shall apply to the front yard requirements provided in this title:

A.

In any R district, where the average depth of at least two existing front yards on lots within one hundred feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this title, the required depth of the front yard on such lot may be modified. In such case, the front yard shall not be less than the average depth of the existing front yards, or the average depth of existing front yards on the two lots immediately adjoining, or in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed twenty-five feet.

B.

In any R district where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this title, such garage may be located within such front yard, but not in any case closer than six feet to the street line.

C.

Where the building setback lines shown on a final recorded subdivision map provide for a different front yard than required in this title, then the front yard shall be as shown by the setback lines on the final map.

(Ord. 82-4 §3 (part)).

Accessory structures shall meet the following requirements:

A.

Attached or Detached Construction. An accessory structure may be erected detached from the main building or may be erected as an integral part of the main building, or it may be connected therewith by a breezeway or similar structure.

B.

Attached to Main Building. An accessory structure (not including a patio structure) attached to the main building shall be made structurally apart and have a common wall with the main building, and shall comply in all respects with the requirements of this title applicable to the main building.

C.

Corner Lots. No accessory structure within twenty-five feet of the common property line on a reverse corner lot shall be placed any closer to the side street property line than the required front yard of the adjoining lot, and no case shall any part of such accessory structure be nearer to the side street lot line than the least width of the side yard required for the main building to which it is accessory.

D.

Dwelling Use Restricted. Accessory structures shall not be used for dwelling purposes.

E.

Lot Coverage. Accessory structures shall not exceed thirty percent of the area of the minimum required rear yard.

(Ord. 82-4 §3 (part)).

17.56.050 - Accessory structures—Side and rear yards.

The following exceptions and modifications shall apply to the side and rear yard requirements:

A.

Yard Requirements. Unless an accessory structure is attached to the main structure, it shall be located at least six feet from any structure on the same lot. A detached accessory structure, except for accessory storage structures of one hundred square feet or less as specified in G below, shall be located no closer than three feet of any interior lot line.

B.

Patios and decks not more than thirty inches above grade may be located in side and rear yards to within three feet of any interior lot line.

C.

Patio structures may encroach into required rear yards to within ten feet of the rear lot line.

D.

Additions to nonconventional principal residential structures may not encroach into required rear or side yards or patio areas.

E.

Patio structures for nonconventional principal residential structures may encroach to within three feet from any lot line, provided that there remains an open space equal to seventy percent of the otherwise required yard area into which such encroachment is made.

F.

Lath-covered structures for nonconventional principal residential structures may encroach to within three feet from the property line, provided that the lath cover is uniformly open.

G.

Exceptions. A detached accessory structure may be located closer than three feet of any interior side or rear property line in a residential district, provided that the following conditions are met:

1.

It shall be located at least six feet from any structure on the same lot;

2.

It shall not exceed a maximum overall height of six feet, six inches;

3.

It shall be limited to a maximum gross floor area of one hundred square feet;

4.

Fire-resistive materials shall be installed and necessary permit obtained in accord with the city's adopted building code.

(Ord. 82-4 §3 (part)).

The following exceptions and modifications shall apply to the side yard requirements provided in this title:

A.

A side yard along the side street lot line of a corner lot shall have a width of not less than one-half of the required depth of the front yard.

B.

Where the building setback lines shown on a final recorded subdivision map provide for a different side yard on a corner lot than required in this chapter, then the side yard shall be shown by setback lines on the map.

(Ord. 82-4 §3 (part)).

17.56.070 - Rear yard exceptions and modifications.

The following exceptions and modifications shall apply to the rear yard requirements provided herein:

A.

Covered patios in residential districts may encroach into otherwise required rear yards to within ten feet of the rear lot line, provided that there remains an open area equal to one hundred and twenty percent of the area obtained by multiplying the otherwise required rear yard dimension by the lot width.

B.

In no instance shall the combined square footage of both accessory structures and building additions occupy more than thirty percent of the required rear yard.

C.

No addition projecting into the required rear yard shall exceed one story in height.

D.

Corner and Reverse Corner Lots. Garages or carports attached to a main structure may encroach into a required rear yard to within five feet of a rear property line, provided that the addition and any other structure does not occupy more than thirty-five percent of the required rear yard, and provided further that all applicable building and fire codes are complied with.

(Ord. 82-4 §3 (part)).

Certain architectural features may project into any required front yard, rear yard, or required side yard as follows:

A.

Cornices, canopies, eaves, or other similar architectural features, may project a distance not exceeding two feet;

B.

Porches, stairways and landings, when they serve as a required means of egress from any structure, may project a distance not to exceed three feet;

C.

An uncovered stair and necessary landings may project a distance not to exceed three feet, provided such stair and landing shall not extend above the entrance floor of the building, except for a railing not exceeding three feet, six inches in height;

D.

Bay windows, balconies and chimneys may project a distance not exceeding two feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located;

E.

Handicap centers that are located in a single-family residence zone (R-1) may construct or erect canopies which project into front, rear and side yard setback restrictions established in Title 17 of the Willits Municipal Code; provided the following conditions are met:

1.

The planning commission for the city approves the size, height, location, construction and color of the canopy;

The handicap center submits satisfactory evidence to the planning commission that the owner of the building has consented in writing to the erection of the canopy; and

3.

The handicap center submits satisfactory evidence to the planning commission that the construction and erection of the canopy is necessary to meet the special needs of the physical handicapped served at the center.

(Ord. 89-6 §4; Ord. 82-4 §3 (part)).

Chapter 17.58 - FENCES AND HEDGES

Sections:

The purpose of this chapter is to provide standards for the height of fences and hedges.

(Ord. 82-4 §3 (part)).

A.

Except as provided in Sections 17.58.050, no fence shall be erected, altered or placed, and no hedge shall be allowed to grow so as to exceed a height of six feet in the required rear yard or required side yard of a lot.

B.

Except as provide in Sections 17.58.030 and 17.58.050, no fence shall be erected, altered or placed, and no hedge shall be allowed to grow so as to exceed the height of forty-eight inches in the required front yard of a lot.

(Ord. 82-4 §3 (part)).

Notwithstanding the general height limitations on fences and hedges imposed by Section 17.58.020, the following more restrictive height limitations imposed by this section shall be applicable to the special circumstances described herein:

A.

Corner Lots:

On corner lots (including reversed corner lots), no fence or hedge exceeding forty-eight inches in height shall be erected, altered, placed or allowed to grow within five feet of the side street lot line;

2.

On corner lots, within the triangular area bounded by the street lot lines and a line connecting such street lot lines twenty feet from their intersection, no fence, hedge or other obstruction shall be erected, altered, placed or allowed to grow so as to exceed a height of thirty inches above the elevation of the top of the curb;

B.

Multiple Dwellings. Private open space enclosures for multiple dwellings in yard areas adjacent to streets shall not be erected, altered or placed so as to exceed a height of six feet, except that any fence erected within five feet of a street property line shall not exceed four feet.

(Ord. 82-4 §3 (part)).

17.58.040 - Fencing material provisions.

A.

Fences With Finished Appearances. A fence adjacent to a public right-of-way which is designed with a finished appearance on one side shall be oriented so that the finished side faces such right-of-way.

B.

Barbed Wire: Pointed and Electrically Charged Materials. No barbed wire, other sharp-pointed material, or electrically charged material shall be used in the construction of a fence unless said material is at least eight feet above the ground level, except where used to contain livestock.

(Ord. 82-4 §3 (part)).

17.58.050 - Fences on lots used for commercial, industrial or institutional purposes.

Notwithstanding the general height limitations of Section 17.58.020, the following less-restrictive height and locational limitations shall apply to fences used for the purposes described herein:

A.

Fences, Commercial and Industrial Lots. Open fences not in excess of ten feet in height may be erected on lots principally used for commercial or industrial purposes in any required rear or side yard, except where such yard abuts upon a street.

B.

Fences, Agricultural Lots. On lots principally used for agricultural purposes, open fences in excess of four feet in height and less than six feet in height may be erected in any required yard where necessary for confinement of livestock or for security reasons.

C.

Open Fences; Athletic and Institutional Facilities. Open fences which enclose schoolgrounds, playgrounds, tennis courts, swimming pools or other areas which are used for athletic purposes may exceed the height and location limitations of this chapter with the approval of the planning commission.

(Ord. 82-4 §3 (part)).

Chapter 17.59 - MODEL WATER EFFICIENT LANDSCAPE ORDINANCE

The purpose of this chapter is to ensure the design, installation and maintenance of landscapes in the city meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO).

(Ord. No. 23-05, 12-13-23)

The city adopts by reference the State of California's Model Water Efficient Landscape Ordinance, which is found at Sections 490-495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations, which may be referred to in this code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time.

(Ord. No. 23-05, 12-13-23)

The MWELO applies to the following landscape projects:

A.

New landscape projects with an aggregate landscape area equal to or greater than five hundred square feet, requiring a building or landscape permit, plan check or design review.

B.

Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than two thousand five hundred square feet, requiring a building or landscape permit, plan check or design review.

C.

For purposes of this section, aggregate landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

(Ord. No. 23-05, 12-13-23)

The following projects or landscapes are exempt from or subject to limited review pursuant to the MWELO:

A.

Projects involving new construction of an aggregate landscape area of less than two thousand five hundred square feet that comply with the prescriptive measures found in Appendix D of MWELO are exempt from the performance requirements of the MWELO.

B.

Existing landscapes, including existing cemeteries, must comply only with Sections 493, 493.1 and 493.2 of the MWELO.

C.

New and rehabilitated cemeteries must comply only with Sections 492.4, 492.11 and 492.12 of the MWELO.

D.

For any lot or parcel within a project that has (a) an aggregate landscape area less than two thousand five hundred square feet; and (b) sufficient treated or untreated graywater or stored rainwater captured on site to meet the lot's or parcel's landscape water requirement, the lot or parcel must comply only with Appendix D, Section 5 of the MWELO.

E.

Registered local, state, or federal historical sites are exempt from the MWELO.

F.

Ecological restoration projects or mined-land reclamation projects that do not require a permanent irrigation system are exempt from the MWELO.

G.

Existing plant collections, as part of botanical gardens or arboretums open to the public, are exempt from the MWELO.

(Ord. No. 23-05, 12-13-23)

Violations of the water waste prevention standards, as defined in Section 492.5 of the State MWELO, are subject to the following penalties:

A.

Violation and notice of correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this chapter to fail to comply with the outdoor water efficiency requirements of this chapter. The city building official or their designee has the authority to conduct such inquiries, audits

or surveys to ensure compliance with the requirements of this section. Whenever the city building official or their designee determines that a violation of this chapter has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated.

(Ord. No. 23-05, 12-13-23)

Chapter 17.60 - LANDSCAPING

Sections:

The purpose of this chapter is to set minimum standards for landscaping required for the development of industrially and commercially zoned lands.

(Ord. 82-4 §3 (part)).

17.60.020 - Landscaping—Requirements.

A.

The required front yards for R-3, industrial and commercial zones, shall be landscaped, except for needed walkways and driveways, with a minimum of two square feet per foot of street frontage.

B.

Required landscaping shall be visible from a public street.

(Ord. 82-4 §3 (part)).

All landscaping required by this title shall meet the following standards:

A.

Materials. Landscaping shall include the planting and maintenance of some combination of trees, ground cover, shrubs, vines, flowers or lawns, with the plant materials consisting of native species and/or droughtresistant plants. In addition, the combination or design may include natural features such as rock and stone, and structural features including but not limited to fountains, reflecting pools, art work, screens, walls and fences.

B.

Timing and Maintenance. All required plantings shall be in place prior to use or occupancy of new buildings or structures. All required plantings shall be maintained in good growing condition, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values or otherwise adversely affect adjacent properties.

(Ord. 82-4 §3 (part)).