Chapter 16.30 — COMMERCIAL, PROFESSIONAL OFFICE CPO

This district is intended to provide for a wide variety of professional offices and related uses, and could be applied in areas separating residential uses from other more intense commercial or industrial use.

(Ord. 775 (part), 2004).

This Zone District is consistent with the General Commercial Land Use Designation.

(Ord. 775 (part), 2004).

16.30.030 - Density/Intensity.

A.

Residential uses per R-2.

B.

Minimum parcel size: Seven thousand (7,000) square feet.

C.

Maximum Coverage: Sixty (60) percent.

(Ord. 775 (part), 2004).

16.30.040 - Site Development Standards.

A.

Setbacks, minimum

1.

Front: Twenty (20) feet.

Rear:

(a)

Commercial uses: Ten (10) feet.

(b)

Residential Uses: See R-2 Zone District.

Side: Ten (10) feet.

B.

Building

Maximum Height: Thirty-five (35) feet.

C.

Lot Dimensions (minimum)

Width:

(a)

Seventy (70) feet.

(b)

Cul-de-sac lot: Seventy (70) feet at seventeen (17) feet from property line, actual street frontage never to be less than twenty (20) feet.

2.

Depth: Seventy-five (75) feet.

D.

Parking:

1.

Commercial Uses: See Parking standards, Chapter 16.54.

2.

Residential Uses: See R-2 Zone District.

(Ord. 775 (part), 2004).

The following use is permitted in the CPO Zone District subject to issuance of a building permit, business license or other required permit(s):

A.

Professional offices as defined in § 16.12.710 and business offices.

(Ord. 775 (part), 2004).

16.30.060 - Accessory Uses and Structures.

The following uses and structures are permitted in the CPO Zone District as an accessory to the primary permitted or conditionally permitted use:

A.

Garage, carport and off-street parking not exceeding ten (10) spaces.

B.

Fences, walls in compliance with § 16.46.050.

C.

Bed and breakfasts subject to permit as required in Chapter 16.50.

D.

Usual and customary structures associated with a permitted or conditional use.

(Ord. 775 (part), 2004).

The following uses are permitted in the CPO Zone District upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Residential Uses consistent with the R-2 Zone District.

B.

Hospitals, convalescent hospitals, emergency medical clinics.

C.

Catering services.

D.

Churches.

E.

Professional offices not designated in § 16.12.710 such as doctor, dentist, chiropractor, beauty parlor and similar uses.

F.

Group care home - large.

G.

Employee housing - small.

H.

Supportive housing.

I.

Transitional housing.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014)

Chapter 16.32 - COMMERCIAL NEIGHBORHOOD C-1

Sections:

This Zone District is intended to provide local commercial neighborhood convenience stores that provide such services as retail sale of groceries, pharmaceuticals and assorted sundries.

(Ord. 775 (part), 2004).

16.32.020 - General Plan Consistency.

This Zone District is consistent with the General Commercial Land Use Designation.

(Ord. 775 (part), 2004).

16.32.030 - Density/Intensity.

A.

Residential uses per R-2.

B.

Minimum parcel size: Seven thousand (7,000) square feet.

C.

Maximum Coverage: Sixty (60) percent.

(Ord. 775 (part), 2004).

16.32.040 - Site Development Standards.

A.

Setbacks, minimum

Front: Twenty (20) feet;

Rear: Ten (10) feet;

Side: Ten (10) feet;

B.

Building

Maximum Height: Thirty-five (35) feet;

C.

Lot Dimensions (minimum)

Width: Seventy (70) feet;

2.

Depth: Seventy-five (75) feet;

D.

Parking:

See Parking standards, Chapter 16.54.

(Ord. 775 (part), 2004

16.32.050 - Permitted Uses.

None.

(Ord. 775 (part), 2004).

The following uses and structures are permitted in the C-1 Zone District as an accessory to the primary permitted or conditionally permitted use:

A.

Off-street parking not exceeding ten (10) spaces;

B.

Fences, walls in compliance with § 16.46.050;

C.

Usual and customary structures associated with a permitted or conditional use.

(Ord. 775 (part), 2004).

16.32.070 - Conditional Uses.

The following uses are permitted in the C-1 Zone District:

A.

Retail sale of groceries, pharmaceuticals, and assorted sundries.

(Ord. 775 (part), 2004).

Chapter 16.34 - COMMERCIAL DOWNTOWN C-2

Sections:

This Zone District is intended to provide for a specialized commercial zone for the downtown commercial district.

(Ord. 775 (part), 2004).

16.34.020 - General Plan Consistency.

This Zone District is consistent with the Commercial-Historic Land Use Designation.

(Ord. 775 (part), 2004).

16.34.030 - Density/Intensity.

A.

Minimum parcel size: Seven thousand (7,000) square feet.

B.

Maximum Coverage: One hundred (100) percent subject to setback, landscape and parking requirements.

(Ord. 775 (part), 2004).

16.34.040 - Site Development Standards.

A.

Setbacks, minimum

Front: None.

Rear: Ten (10) feet.

Side: None.

B.

Building

Maximum Height: Thirty-five (35) feet.

C.

Lot Dimensions (minimum)

Width: Fifty (50) feet.

Depth: Seventy-five (75) feet.

D.

Parking:

1.

See Parking standards, Chapter 16.54

(Ord. 775 (part), 2004).

The following uses are permitted in the C-2 Zone District subject to issuance of a building permit, business license or other required permit(s):

A.

Retail business establishments within a building with sales of the following, or activities listed:

1.

Antiques;

2.

Apparel;

3.

Appliances;

4.

Art supplies (including galleries and studios);

5.

Auto supply stores (retail);

6.

Bakery;

7.

Bicycle (sales and service);

8.

Books;

9.

Camera and photographic supplies;

Candy and confections;

Convenience store;

Computers and software; 13.

Crafts; 14. Christmas trees; 15. Draperies; 16. Drugs; 17.

Electric supplies; 18. Flea market; 19. Flowers; 20. Floor coverings; 21. Furniture; 22.

General merchandise;

Garden supplies;

24. Gifts; 25. Guns; 26. Hardware; 27. Health foods; 28. Jewelry; 29. Liquor; 30.

Locksmiths; 31.

Medical equipment and supplies; 32. Millinery; 33. Music; 34. Novelties; 35. Office supply; 36.

Paint;

Periodicals;

Pets;

Photo supplies;

Radio and television (sales and service);

Restaurants, delicatessens and snack bars having a seating capacity of twenty (20) or less; 42.

Shoes;

Sporting equipment;

Sewing supplies;

Stamps and coins;

Stationery;

Tobacco;

Toys;

Variety;

Video rental.

B.

Personal service establishments including:

1.

Advertising agencies;

2.

Answering services;

3.

Banks;

4.

Barber and beauty shops with three (3) or less operators;

5.

Catalog and mail order stores;

6.

Computer services;

7.

Credit agencies;

8.

Dry cleaning;

9.

Employment agencies;

Escrow services;

Family arcades;

Finance and loan companies;

Investment agencies;

Ice cream parlors;

Interior decorating;

Laundries and laundromats;

Libraries and reading rooms;

Massage therapy and physical therapy;

Medical and dental laboratories;

Music studios;

Newspaper offices and printing;

Professional offices as defined in § 16.12.710 except dentist, doctor, chiropractor and beauty parlor;

Office services;

Pet grooming and veterinary services (no boarding);

Photography studios;

Photocopying;

27.

Lithographing and blueprinting services;

28.

Radio and television sales and repair;

Repair shops (non-automotive);

Shoe and other small item and apparel repair;

31.

Social service offices;

Travel agencies;

Upholstery.

(Ord. 775 (part), 2004).

(Ord. No. 817, § 3, 10-6-2011)

The following uses and structures are permitted in the C-2 Zone District as an accessory to the primary permitted or conditionally permitted use:

A.

Garage, carport, and off-street parking not exceeding ten (10) spaces.

B.

Fences, walls in compliance with § 16.46.050.

C.

Bed and breakfasts subject to permit as required in Chapter 16.50.

D.

Temporary outside sales such as sidewalk or parking lot sales not exceeding two (2) days in any 30-day period.

E.

Usual and customary structures associated with a commercial use.

(Ord. 775 (part), 2004).

The following uses are permitted in the C-2 Zone District upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Alternative parking arrangement for residential/commercial use mix.

B.

Bus depots, dance and aerobic studios and pool halls.

C.

Churches, parks, playgrounds, public buildings, schools, clubs and lodges.

D.

Cocktail lounges and nightclubs.

E.

Farmers' market.

F.

Microbreweries.

G.

Professional offices not designated in Section 16.12.710 such as: doctor, dentist, chiropractor, beauty parlor and similar uses.

H.

Nurseries.

I.

Residential uses. Residential uses are not allowed in the first floor of any building.

J.

Restaurants, delicatessens and snack bars having a seating capacity of twenty-one or more.

K.

Parking lots, mortuaries and museums.

L.

Public and quasi public facilities:

1.

Fire, police or sheriff substation.

2.

Parks, picnic areas and playgrounds not associated with approved development.

M.

Service stations, second hand stores, supermarkets (food retail).

N.

Motels and hotels.

O.

Theaters.

P.

Veterinary offices with overnight boarding and hospitalization.

Q.

Schools, public or private.

R.

Health club.

S.

Residential conversion to commercial or professional offices.

T.

Living quarters included in any commercial building or use.

U.

Ambulance services.

V.

Barber and beauty shops with four or more operators.

W.

Drive in food or beverage.

X.

Group care home - large.

Y.

Single-room occupancy residential unit (SRO).

Z.

Employee housing—small. Residential uses are not allowed in the first floor of any building.

AA.

Supportive housing. Residential uses are not allowed in the first floor of any building.

BB.

Transitional housing. Residential uses are not allowed in the first floor of any building.

(Ord. 775 (part), 2004).

(Ord. No. 817, § 3, 10-6-2011; Ord. No. 837, § 1, 5-1-2014; Ord. No. 854, § 2, 8-20-2020)

Chapter 16.36 - COMMERCIAL HIGHWAY (CH)

Sections:

This zone district is intended to serve as the commercial land use zone district for areas outside of the commercial downtown district. Located along major roadways, this district provides a variety of commercial uses.

(Ord. 775 (part), 2004).

This zone district is consistent with the general commercial land use designation.

(Ord. 775 (part), 2004).

A.

Minimum parcel size: Seven thousand (7,000) square feet.

B.

Maximum Coverage: One hundred (100) percent, subject to setback landscape and parking requirements.

(Ord. 775 (part), 2004).

16.36.040 - Site Development Standards.

A.

Setbacks

Front: Twenty (20) feet.

Rear: Ten (10) feet.

Side: Ten (10) feet.

B.

Building

1.

Maximum Height: Thirty-five (35) feet.

C.

Lot Dimensions (minimum)

1.

Width: Seventy (70) feet.

2.

Depth: Seventy-five (75) feet.

D.

Parking:

Commercial Uses: See Parking standards, Chapter 16.54.

(Ord. 775 (part), 2004).

The following uses are permitted in the CH Zone District subject to issuance of a building permit, business license or other required permit(s):

A.

All uses permitted in C-2 Zone District without a conditional use permit.

B.

Retail business establishments within a building with sales of the following, or activities as listed:

1.

Automobile, boat and other motor vehicle sales (new and used);

2.

Automobile service centers (tune-ups and tires);

3.

Automobile supplies stores (wholesale);

4.

Bowling alleys;

5.

Bottling works;

6.

Cabinet and carpenter shops;

7.

Car washes;

8.

Dairy products (production and manufacturing);

9.

Electrical supplies (wholesale);

Floor coverings (wholesale);

Frozen food lockers;

12.

Glass shops (sales and installation);

Ice plants;

Machine shops (repair and fabrication);

Plumbing fixture sales and services (retail);

Plumbing and sheet metal shops;

Plumbing supplies (wholesale);

Radio and television stations;

Stone monument works.

(Ord. 775 (part), 2004).

16.36.060 - Accessory Uses and Structures.

The following uses and structures are permitted in the CH Zone District as an accessory to the primary permitted or conditionally permitted use:

A.

Garage, carport, and off-street parking not exceeding ten (10) spaces.

B.

Fences, walls in compliance with § 16.46.050.

C.

Bed and breakfasts subject to permit as required in Chapter 16.50.

D.

Usual and customary structures associated with a commercial use.

(Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

The following uses are permitted in the CH Zone District upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

All uses in a C-2 zone requiring a conditional use permit;

B.

Caretaker residence. One residential unit to be used solely as a caretaker residence, not exceeding one thousand five hundred square feet and otherwise meeting all requirements for a single-family residence;

C.

Automobile repair, paint and body shop;

D.

Large equipment sales and service;

E.

Alternative parking arrangement for residential/commercial use mix;

F.

Outdoor automobile, boat, trailer, RV, ATV and other motor vehicle sales and services (new and used);

G.

Building material yards;

H.

Cold storage plant;

I.

Machinery sales, service and rentals;

J.

Sign painting and manufacturing;

K.

Storage buildings and yards;

L.

Tire recapping and retreading;

M.

Truck depots;

N.

Warehouses for non-hazardous materials;

O.

Hospitals, convalescent hospitals, guest homes, rooming houses, emergency medical clinics;

P.

Places of assembly or learning:

1.

Church or other place of worship or spiritual assembly;

2.

Grange halls, community centers, meeting halls;

3.

Schools, public or private;

Q.

Public and quasi-public facilities such as:

1.

Fire, police or sheriff substation;

Parks, picnic areas and playgrounds not associated with approved development;

3.

Water treatment facilities;

R.

Plant nurseries;

S.

Recreational vehicle parks (two acre minimum building site);

T.

Manufactured home parks;

U.

Sales conducted outside of the building for a permitted use;

V.

Outdoor recreational uses such as: tennis, badminton and racquet courts;

W.

Outdoor flea market;

X.

Group care home - large;

Y.

Single-room occupancy residential unit (SRO);

Z.

Employee housing - small;

AA.

Supportive housing;

BB.

Transitional housing.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014; Ord. No. 854, § 2, 8-20-2020)

Any use which permits outdoor sales including but not limited to motor vehicles, boats, trailers, recreational vehicles, all terrain vehicles, or other personal property shall pave the areas where such goods or items are displayed and open to the public. Areas within a plant nursery where live plants are grown or displayed are exempt from the paving requirement. Such areas shall be constructed with a minimum six-inch base and double chip and seal so as to provide a durable, dustless surface. It shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to the approval of the city engineer.

(Ord. 775 (part), 2004).

Chapter 16.38 - COMMERCIAL TOURIST CT

Sections:

This zone district is intended to serve the service and accommodation needs of the traveling public and is primarily located at or near freeway interchanges.

(Ord. 775 (part), 2004).

This zone district is consistent with the general commercial land use designation.

(Ord. 775 (part), 2004).

16.38.030 - Density/intensity.

A.

Minimum parcel size: Seven thousand square feet.

B.

Maximum coverage: One hundred percent, subject to setback, landscape and parking requirements.

(Ord. 775 (part), 2004).

16.38.040 - Site development standards.

A.

Setbacks, minimum:

Front: Twenty feet.

Rear: Ten feet.

Side: Ten feet.

B.

Building:

Maximum height: Thirty-five feet.

C.

Lot dimensions (minimum):

Width: Seventy feet.

Depth: Seventy-five feet.

D.

Parking:

See parking standards, Chapter 16.54.

(Ord. 775 (part), 2004).

16.38.050 - Accessory uses and structures.

The following uses and structures are permitted in the CT zone district as an accessory to the conditionally permitted use:

A.

Garage, carport, and off-street parking, not exceeding ten spaces.

B.

Fences, walls in compliance with Section 16.46.050.

C.

Usual and customary structures associated with a commercial use.

(Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

The following uses are permitted in the CT zone district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Caretaker residence. One residential unit to be used solely as a caretaker residence, not exceeding one thousand five hundred square feet and otherwise meeting all requirements for a single-family residence.

B.

Emergency medical clinics.

C.

Transient residential uses such as motels, hotels, bed and breakfasts.

D.

Restaurants, cafes, delis, bars and lounges, service stations.

E.

All uses allowed in the C-2 and CH zone districts.

F.

Group care home - large.

G.

Employee housing - small.

H.

Supportive housing.

I.

Transitional housing.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014; Ord. No. 854, § 2, 8-20-2020)

Chapter 16.40 - LIGHT INDUSTRIAL M-1

Sections:

This zone district is intended to serve as the light industrial district, permitting light industrial and manufacturing uses which are not objectionable to the neighborhood, and also allow certain types of commercial land uses. Such uses may include manufacture of electronics and consumer goods, food processing, laboratories, machine shops, tire shops, truck terminal and repair stations, storage warehouses, welding shops and fuel yards.

(Ord. 775 (part), 2004).

16.40.020 - General plan consistency.

This zone district is consistent with the industrial land use designation.

(Ord. 775 (part), 2004).

16.40.030 - Density/intensity.

A.

Minimum parcel size: Seven thousand square feet.

B.

Maximum coverage: Seventy-five percent.

(Ord. 775 (part), 2004).

16.40.040 - Site development standards.

A.

Setbacks, minimum:

1.

Front: Twenty feet.

Rear: Ten feet.

Side: Ten feet.

B.

Building:

1.

Maximum height: Forty-five feet unless a conditional use permit is obtained.

C.

Lot Dimensions (minimum)

1.

Width: Seventy (70) feet.

Depth: Seventy five (75) feet.

D.

Parking:

1.

See Parking requirement, Chapter 16.54.

(Ord. 775 (part), 2004).

The following uses are permitted in the M-1 Zone District subject to issuance of a building permit, business license or other required permit(s):

A.

All uses permitted in a C-2 and CH zone without a conditional use permit.

B.

Subject to approval of the Planning Director, light industrial or manufacturing uses which are totally enclosed within a building which are not reasonably objectionable because of noise, smoke, odor, dust, noxious gases, glare, heat, fire hazard, traffic, vibration, storage or handling of explosives or other dangerous material, or other nuisance factors.

C.

Change of existing use on a parcel to a use not reasonably objectionable by the criteria listed in paragraph B.

D.

Emergency shelters.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014)

The following uses and structures are permitted in the M-1 Zone District as an accessory to the primary permitted or conditionally permitted use:

A.

One residential unit to be used solely as a caretaker residence, not exceeding one thousand five hundred (1,500) square feet and otherwise meeting all requirements for a single-family residence.

B.

Fences, walls in compliance with § 16.46.050.

C.

Usual and customary structures associated with the permitted use.

(Ord. 775 (part), 2004).

The following uses are permitted in the M-1 Zone District upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

All uses in a C-2 or CH zone requiring a conditional use permit, except group care home - large, singleroom occupancy residential unit (SRO), employee housing - small, transitional housing, and supportive housing.

B.

Kennels.

C.

Buildings and structures over forty-five (45) feet in height.

D.

Light industrial and manufacturing uses which do not meet the requirements of § 16.40.050.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014)

Chapter 16.42 - HEAVY INDUSTRIAL M-2

Sections:

This Zone District is intended to serve as a heavy industrial district, permitting those heavy industrial and manufacturing uses which have operational characteristics which could potentially be objectionable to the adjacent and nearby neighborhood. Such uses may include sawmills, batch plants, refineries, auto wrecking, manufacturing, processing or storage of hazardous materials.

(Ord. 775 (part), 2004).

16.42.020 - General Plan Consistency.

This Zone District is consistent with the Industrial Land Use Designation.

(Ord. 775 (part), 2004).

16.42.030 - Density/Intensity.

A.

One dwelling unit per acre to provide for caretaker residence.

B.

Minimum parcel size: Seven thousand (7,000) square feet.

C.

Maximum Coverage: Seventy-five (75) percent.

(Ord. 775 (part), 2004).

16.42.040 - Site Development Standards.

A.

Setbacks, minimum

Front: Twenty (20) feet.

Rear: Ten (10) feet.

Side: Twenty (20) feet.

B.

Building

1.

Maximum Height: Forty-five (45) feet unless a conditional use permit is obtained.

C.

Lot Dimensions (minimum)

1.

Width: Seventy (70) feet.

Depth: Seventy five (75) feet.

D.

Parking:

1.

See Parking requirement, Chapter 16.54.

(Ord. 775 (part), 2004).

16.42.050 - Permitted Uses.

The following uses are permitted in the M-1 zone district subject to issuance of a building permit, business license or other required permit(s):

A.

Permitted Uses in the M-1 zone district not requiring a conditional use permit, except emergency shelters.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014)

16.42.060 - Accessory Uses and Structures.

The following uses are permitted in the M-2 Zone District as an accessory to the primary permitted or conditionally permitted use:

A.

One residential unit to be used solely as a caretaker residence, not exceeding one thousand five hundred (1,500) square feet and otherwise meeting all requirements for a single-family residence.

B.

Fences, walls in compliance with § 16.46.050.

C.

Usual and customary structures associated with the permitted use.

(Ord. 775 (part), 2004).

The following uses are permitted in the M-2 Zone District upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Buildings and structures over forty-five (45) feet in height.

B.

All uses conditionally permitted in the M-1 Zone District except residential.

C.

Heavy industrial or manufacturing uses, which may be objectionable by reason of noise, smoke, odor, dust, noxious gases, glare, heat, fire hazard, traffic, vibration, storage or handling of explosives or other dangerous material, or other nuisance factors.

(Ord. 775 (part), 2004).

Chapter 16.44 - CONDITIONAL USE PERMITS[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 867, § 1, adopted June 7, 2022, amended Ch. 16.44 in its entirety to read as herein set out. Former Ch. 16.44, pertained to similar subject matter, and derived from Ord. 775 (part), adopted 2004.

The purpose of this chapter is to establish a procedure for conditionally approving or denying land uses, including related structures, that are not clearly permitted or prohibited because of their unique nature. Such uses and related structures would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval.

Conditional uses are characterized by their potential to generate certain types of impacts, depending upon where the use is located, how it is designed, and how it is operated. These uses require a higher level of review than a permitted use, or use-by-right, in order to ensure that the use is appropriate as proposed and designed for the zoning district. The conditional use permit process enables the decision-maker to determine whether the use is appropriate for its proposed location, to review its design and site layout to minimize or eliminate impacts, and to impose conditions of approval to ensure the use will be compatible with the surrounding area and with adjacent uses. The conditional use permit can also serve as one approval, incorporating a design review approval, for instance, and eliminating the need for separate applications and review.

The regulations of this chapter are established to achieve the following purposes:

(a)

To provide flexibility within zoning districts in siting certain types of uses and in determining whether a use, as proposed, would be appropriate for a particular location;

(b)

To establish a process to authorize a conditional use and impose reasonable conditions of approval upon the project that will minimize or eliminate potential impacts;

(c)

To ensure that conditional uses are consistent with the goals, objectives, and policies of the general plan, the zoning ordinance, and the development code;

(d)

To protect the public health, safety, and welfare by ensuring that the conditional use is compatible with existing and future surrounding uses;

(e)

To streamline the review process by providing for the concurrent processing of associated applications, such as a planned development or a design review, thereby eliminating the need for separate applications and submittals.

(Ord. No. 867, § 1, 6-7-2022)

16.44.020 - Application and review process.

(a)

Application checklist. The application submittal shall contain all of the materials and information as required by the planning department's approved conditional use permit checklist.

(b)

Application fee. The city's conditional use permit application fee shall be paid at the time of application submission to the planning department. The conditional use permit application fee shall be set by city council resolution.

(c)

In addition to all other information required by the application, the conditional use permit application shall be accompanied by building plans, elevations, landscaping plan, and a site plan required by Chapter 16.52, showing the detail of the proposed use of land and/or building.

(d)

The applicant shall submit the application to the planning department. The planning department shall have thirty calendar days to review the application and provide notice to the applicant whether the application is complete or requires additional information:

(1)

If the planning department determines that the application is incomplete, the department will notify the applicant of the application's deficiencies. The applicant will have a maximum of ninety calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction, the application process is deemed to have lapsed at the expiration of the ninetieth day.

(2)

If the planning department determines that the application is complete, the proposed conditional use permit will be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the planning department shall schedule a public hearing with the planning commission no more than fifteen days after completing environmental compliance.

(Ord. No. 867, § 1, 6-7-2022)

A public hearing by the planning commission shall be held and noticed in compliance with Government Code §§ 65090 through 65096.

(Ord. No. 867, § 1, 6-7-2022)

The planning commission must make the following findings to grant a conditional use permit:

(a)

The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the transportation and service facilities, the neighborhood, and the community. The following shall be considered to make this finding:

(1)

The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-servicing uses in the areas; and

(2)

The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function; and

(3)

The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district.

(b)

Such use of feature as proposed will not adversely impact the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:

(1)

The nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures, so that the subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed;

(2)

The accessibility and traffic patterns for persons, non-motorized vehicular traffic, and vehicles, the type and volume of such traffic, the adequacy of proposed off-street parking and loading, and of proposed alternatives to off-street parking;

(3)

The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odor;

(4)

Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting, and signs; and

(5)

Will not be injurious to property or improvement in the neighborhood.

(c)

Such use or feature as proposed will comply with the applicable provisions of this code and will not adversely affect the implementation of the general plan; and

(d)

Such use or feature are not contrary to the stated purpose of the applicable zoning district, specific plan, development regulations, and performance standards as proposed and will provide development that is in conformity with the stated purpose of the applicable zoning district, specific plan, and planned unit development.

(e)

That adequate public facilities and services, such as public access, water, sanitation, and public utilities are available to serve the site or will be made available concurrent with the proposed development.

(f)

Such use or feature as proposed will not reduce or prevent the expansion of the city's residential unit inventory.

(Ord. No. 867, § 1, 6-7-2022)

16.44.050 - Conditions of approval.

(a)

When authorizing a conditional use permit as provided herein, the planning commission, or the city council on appeal, shall prescribe such additional conditions, beyond those specified in this code, as are in its opinion necessary to facilitate the objectives of the code. Once any portion of the authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative.

(b)

The violation of any condition contained in the conditional use permit constitutes a material violation of that permit and this code and may, at the discretion of the city, constitute grounds for revocation of the conditional use authorization. Such conditions may include time limits for exercise of the conditional use authorization; otherwise, any exercise of such authorization must commence within a reasonable time.

(c)

The planning director, or designee, shall have the discretion to authorize minor changes in any condition previously imposed in the authorization of a conditional use. Authorization of a major change in any condition previously imposed in the authorization of a conditional use permit is subject to the same procedures which are applicable to the issuance of a new conditional use permit.

(d)

The definition of a "minor" change for the purposes of Section 16.44.050(c), for example, may be a change in the timing of implementation of a condition, location of proposed structures on the site if the change in location does not impact traffic patterns or access, and changes to façade, signage, or lighting.

(e)

The definition of a "major" change for the purposes of this Section 16.44050(c), for example, is any change that adversely impacts the overall traffic flow on or around the property, any change that would exceed the capacity of public facilities and services or a change that would conflict with the findings prescribed in Section 16.44.040.

(Ord. No. 867, § 1, 6-7-2022)

In case the applicant determines to contest the decision of the planning commission relating to the permit they may, within ten calendar days after the rendition of the decision thereon by the commission, appeal in writing to the city council pursuant to Yreka Municipal Code Section 16.14.030.

(Ord. No. 867, § 1, 6-7-2022)

(a)

Any conditional use permit issued is lapse and is automatically revoked and terminated if not used within one year from the date of approval, or in the event the use permitted is abandoned or not utilized for a period of one year. Notwithstanding the foregoing, upon submission of a written request by the holder of the conditional use permit prior to termination of the use permit, the planning director shall have the discretion to extend any such conditional use permit for a period of one year or less if there is reasonable justification for not utilizing the permit as required by this section.

(b)

Any conditional use permit granted in accordance with the terms of this title may be revoked if any condition or term of such permit is violated or if any law or ordinance is violated in connection therewith, or if the planning commission finds that the continuance of the conditional use permit will endanger the public health, safety or welfare.

(c)

The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing. The permittee may at such hearing present any relevant evidence or testimony in opposition to the underlying basis asserted to revoke the permit. The planning commission shall render its decision within thirty days of said public hearing supported by written findings in the event the permit is revoked. Any failure of the planning commission to timely act shall not be deemed denial of the petition for permit revocation. The decision of the planning commission may be appealed pursuant of the provisions in Yreka Municipal Code Section 16.14.030. The decision of the city council shall be final.

(Ord. No. 867, § 1, 6-7-2022)

Any application for a conditional use permit required or permitted pursuant to the terms of this title which visually impacts the exterior appearance of any property or structure within a historic district, landmark, or landmark site established pursuant to Title 17 of the Yreka Municipal Code, shall first be reviewed and considered by the historic district and landmarks commission prior to consideration thereof by the planning commission.

(Ord. No. 867, § 1, 6-7-2022)

Chapter 16.45 - TEMPORARY USE PERMITS

Sections:

The following temporary land uses shall be allowed subject to the approval of a temporary use permit and the regulations set forth within this chapter.

A.

Model homes or apartments and related real estate sales activities, located within a subdivision or residential development;

B.

Contractor's office, storage yard, and equipment parking and servicing on the site of an active construction project;

C.

Circus, carnival, rodeo, fair or similar transient amusement or recreational activities;

D.

Christmas tree sales lots not directly associated with an established and permitted retail services land use and subject to the business license regulations of Chapter 5.04 of the Yreka Municipal Code;

E.

Residential occupancy of a mobile home or travel trailer by supervisory or security personnel on the site of an active construction project;

F.

Outdoor special sales, outdoor art and craft shows or exhibits, swap meets, farmers markets, flea markets, parking lot sales, or similar sales activities, limited to sites in C-2, C-H, or C-T zoning districts and in operation for not more than three consecutive days or more than a total of twenty-one days in the same year: permitted and subject to the business licenses regulations of Chapter 5.04 of the Yreka Municipal Code

G.

The temporary use of a mobile home or similar portable structure for residential use when located in a residential zoning district, while a permanent dwelling (including mobile homes) is under construction:

1.

A temporary use permit authorizing a temporary residence may be granted or denied only after a sewage disposal permit has been issued and a building permit has been issued for the permanent structure.

2.

The temporary dwelling must be removed from the site after one year from the date of the approval of the temporary dwelling, if the building permit for construction of the permanent dwelling is not renewed. In addition, the temporary use permit shall be effective for the same length of time as the building permit for the permanent dwelling;

H.

Seasonal retail sale of agricultural or horticultural products raised off the premises and limited to sites in C- 2, C-H, or C-T zoning districts: permitted and subject to the business licenses regulations of Chapter 5.04 of the Yreka Municipal Code.

I.

Storage containers for construction equipment storage. Storage containers may be allowed as a temporary use on construction sites in any zone within the city subject to first obtaining a temporary conditional use permit. The planning director or his/her designee shall determine appropriate siting, time limits, and other conditions as may be necessary to assure minimal impact to adjacent properties. Such temporary use shall be allowed only in conjunction with a valid building permit, and the use shall be terminated prior to issuance of a final occupancy permit.

J.

Temporary structures, travel trailers, recreational vehicles or mobile homes may be used for the provision of emergency services for the duration of the emergency;

K.

Any other temporary land use determined by the planning director to be similar to the foregoing.

(Ord. No. 853, § 2, 8-16-2018)

A.

Application to conduct a temporary land use shall be made to the planning department. It shall include a site plan and description of the proposed use and such additional information as the planning director may require to evaluate the use and to make the determinations required by these special provisions.

B.

Application shall be made at least nine business days prior to the requested commencement date of the temporary use, and the planning director or his/her designee shall make a determination whether to approve, conditionally approve, or to deny the proposed temporary use within five business days after the date the application is determined complete for processing.

(Ord. No. 853, § 2, 8-16-2018)

The following general conditions are applicable to temporary land uses that are permitted by the provisions of this chapter or are permitted subject to city approval and issuance of a temporary use permit:

A.

Each site occupied by a temporary land use shall be left free of debris, litter, or other evidence of temporary use upon completion or removal of the use.

B.

A temporary land use conducted in a parking facility shall not occupy or remove from availability more than fifty percent of the parking spaces required by the permanent land use on the site.

(Ord. No. 853, § 2, 8-16-2018)

A.

The planning director or his/her designee may authorize a temporary use only when in their judgment, the following determinations can be made:

1.

The temporary use will not adversely impact the public health, safety, or convenience or create undue traffic hazards or congestion.

2.

The temporary use will not adversely interfere with the normal conduct of other land uses and activities on the site or in the general vicinity.

3.

The temporary use will be conducted in a manner compatible with the land uses in the general vicinity.

B.

The planning director may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential impacts, including but not limited to time and frequency of

operation, temporary arrangements for parking and circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following the temporary use.

(Ord. No. 853, § 2, 8-16-2018)

The planning director or his/her designee is authorized to administer and collect a fee necessary to process the temporary use permit application. The fee shall be identified on the applicable master fee schedule adopted and periodically amended by the city council.

(Ord. No. 853, § 2, 8-16-2018)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke a temporary use permit whenever evidence exists and a determination is rendered verifying that the affected temporary land use activity is not being conducted in a manner that complies with the provisions of this chapter or its town-adopted and assigned conditions of approval.

(Ord. No. 853, § 2, 8-16-2018)

Chapter 16.46 - SPECIAL PROVISIONS

Sections:

Editor's note— Ord. No. 853, § 2, adopted Aug. 16, 2018, repealed § 16.46.010, which pertained to temporary structures and derived from Ord. 775 (part), adopted in 2004.

A.

Home occupations are permitted in all residential zones subject to the following standards:

1.

There shall be no display of items for sale; no on-site advertising signs;

2.

No stock in trade, inventory, or supplies shall be kept on premises except in an enclosed building;

3.

No commodity shall be sold upon the premises, with the exception of direct sales for cottage food operations, as allowed by state law;

4.

No person employed except such as is necessary for house keeping purposes;

5.

The activity shall be one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling;

6.

Such activity shall be of a nature and conducted in such a manner that there is no generation of additional pedestrian or vehicular traffic beyond what is normal for zone;

7.

The activity shall not create noise levels which disturb adjacent properties; and

8.

There shall be no advertising of any nature, including signs on vehicles, setting forth or identifying the location of any such business.

B.

Applications for a use permit for a home occupation may be granted by the Planning Director provided the use is in compliance with subsection (A) above. The Planning Director may impose conditions so as to assure compliance with the standards set forth in this section. In the event the application is denied by the Planning Director, the applicant may file the application with the Planning Commission and the application shall be heard and determined as provided in Section 16.44.040.

C.

Exceptions to the foregoing provisions may be granted by the Planning Commission if the home occupation consists of an artistic, recreational or hobby activity that is primarily intended for casual or leisure time enjoyment, and which does not contribute significantly to the home owner's income. Such artistic, recreational or hobby activities shall not be permitted if it causes unreasonable vehicular traffic, parking congestion, noise, nuisance, odors, or is a danger to the health, welfare, peace, morals or safety of other residents or residences within the neighborhood. No inventory may be carried nor commodities sold on the premises which is other than incidental to the artistic, recreational or hobby activity. Product created on the premises may be sold off-site.

(Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

A.

No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type communications antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three (3) feet in diameter, unless a site plan review is approved in accordance with the provisions of this section.

1.

In any residential zoned district, such antenna shall be treated as an accessory structure and shall comply with height, setback and lot coverage requirements for the zone in which in it is located . An antennae placed within a residential zone shall be screened from view of streets and abutting properties by use of fences, hedges or appropriate plant materials.

2.

Within any non-residential district, the antenna shall be treated as an accessory structure provided that the antenna need not be detached from any existing structure. The placement of such antenna shall not reduce any required parking or landscaping. To the extent possible the antenna shall be placed and screened from view of streets and abutting properties.

3.

The restrictions as set forth in subdivisions (1) and (2) of this subsection shall not be applicable to a licensee pursuant to Chapter 5.20 of the Yreka Municipal Code or commercial broadcast station, except to the ex tent that any such conditions may be imposed by the Planning Director as a condition for issuance of such site plan review.

4.

The applicant shall submit to the Planning Director a site plan with the information required by Section 16.52.020 setting forth the location of the proposed antenna, elevation of the proposed antenna, proposed screening, and such other information as may be required by the Planning Director. The Planning Director may grant said site plan review if it is determined said application together with any conditions complies with the provisions of this section.

(Ord. 775 (part), 2004).

A.

Spires, chimneys, machinery, radio and television towers, scenery lofts, cupola, water tanks and similar structures may be constructed and used to a height of not more than fifteen (15) feet above the height limit established for the district in which the structure is located, provided, however that no such structure in excess of the allowable height shall be used for sleeping or eating quarters or for any advertising purpose.

B.

Public utility distribution and transmission lines, and poles adjacent thereto are allowed in all districts to greater heights than established for the district in which the structure is located.

C.

So as to encourage joint utilization of communication towers, an additional twenty (20) feet in height for each additional separate and independent communications company utilizing the same tower may be permitted on properties east of Interstate 5 at an elevation greater than two thousand, nine hundred and fifty-two (2,952) feet (nine hundred meters). A permit for such additional height may be administratively approved by the Planning Director upon submission of an appropriate application, filing fee, site and elevation schematics, and verification that such tower will be utilized on a long term basis by separate and independent communications companies. To grant such permit, the Planning Director shall find that the proposed communications tower will not have detrimental effects to the surrounding properties, the environment or human health and safety. In no event shall the tower exceed one hundred feet in height and shall meet the requirements of the Federal Aviation Administration, if applicable.

(Ord. 775 (part), 2004).

16.46.050 - Fencing, walls, hedges and screen planting.

A.

Unless specifically addressed in this chapter, no fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed four feet in height within the area encompassed by the front yard setback as detailed in the zoning code. Nor shall the same exceed six feet in height within the area encompassed by the rear yard setback or the side yard setback to the front yard setback line.

Fence height shall normally be measured from the natural ground level provided however, an alternate measurement may be authorized by the building official if special circumstances exist relating to the property.

Non-conforming fences existing prior to the adoption of the ordinance from which this section is derived are exempt from these provisions until they require replacement, at which time they shall be required to conform with the provisions of this section.

If a non-conforming fence is damaged or destroyed to an extent of less than thirty percent, the owner may apply to the planning commission for a minor conditional use permit to replace the damaged portion, subject to the following findings and conditions:

1.

Approval will not result in obstruction of sight distance so as to create or increase any traffic safety hazard.

2.

Fence constructed of material such as chain link or wire mesh, within the front yard setback, shall be maintained clear of all debris, weeds or other vegetation. Landscape plants and grass must be maintained so as to not touch or grow through fence.

The fence height will not significantly visually obstruct or reduce the openness of the street scene comprised of front yards in the neighborhood.

4.

Non-conforming fencing that is removed, or replaced, may not be reconstructed. New fencing must conform to the current regulations.

5.

A violation of any of these conditions may result in revocation of the permit.

B.

Security Fencing—Industrial and Commercial Zones:

1.

In M-1, M-2, CH and CT zones an additional two feet above the six foot height limit is permitted for the purpose of wire security fencing. (This does not apply to the front yard setback area.)

2.

Fences Within the Front Yard Setback in the M-1 Light Industrial Zone: Fences in the front yard setback in the M-1 light industrial zone may be allowed to up to six feet in height, upon obtaining a conditional use permit from the planning commission.

3.

Fences Within Front Yard Setback in the M-2 Heavy Industrial Zone: Fences in the front yard setback in the M-2 heavy industrial zone are allowed up to six feet in height. Corner properties zoned M-2 heavy industrial zone may have a fence up to six feet within a portion of the front yard setback, provided said fence is at least ten feet back from the front property line, maintaining a clear vision area to adjoining streets.

C.

Corner Lots: Notwithstanding the foregoing, as to any corner lot, no such fence, hedge or screen planting shall exceed three feet in height within thirty-five feet from the property corner adjacent to the intersecting streets. The owner of such property may apply for a minor conditional use permit for a greater height by a showing that no hazard exists to vehicular or pedestrian traffic. Such conditional use permit may be granted by the planning commission provided all provisions of this code are otherwise satisfied and, the director of public works, and the chief of police concur that no safety hazard is created by the greater height. In the event the planning commission denies the application, the applicant may file an appeal with the city council, in accordance with Yreka Municipal Code Section 16.14.030.

D.

Decorative columns, post caps or similar features not more than one foot in height may be added on top of fences or walls. Such features should typically not be less than eight feet apart, and must be consistent with the design and materials of the fence or wall.

E.

Fences or walls in the side or rear yards may not exceed six feet in height, except to allow up to two feet of lattice and framing that is at least fifty percent open to the passage of light and air when viewed horizontally. (This does not apply to the front yard setback area.)

F.

Historic District: Fences within the historic district must meet the requirements of the historic district; a separate historic district permit is required. Wire or chainlike fences are prohibited. Construction material shall be predominantly wood with a very few wrought iron picket posts. See historic district rules and regulations for specific details.

G.

Schools and other government owned property shall be exempt from the fence height restriction in the front yard setback.

H.

Maintenance. No fence is allowed to become or remain in a condition of disrepair including, but not limited to noticeable leaning, missing slats, broken supports, and overgrowth of weeds or vines.

I.

In no instance shall a fence extend beyond the property line.

(Ord. 775 (part), 2004).

(Ord. No. 863, § 1, 6-15-2021)

All outdoor lighting shall be designed to prevent unreasonable glare to adjoining properties and controlled by such reasonable means as are practical to prevent sky-reflected glare. Directional prismatic lenses and hooding devices should be utilized when possible.

(Ord. 775 (part), 2004).

A.

Where four or more lots in a block have been improved with buildings, the minimum required front yard for the main buildings shall be the average of the front yards of the improved lots if less than the front yard requirements herein.

B.

The Planning Director may issue an administrative permit to allow up to a five foot encroachment into an exterior side yard, provided that the sight distance is not obscured and the design and flow of the

neighborhood is not disrupted.

C.

Architectural features such as cornices, eaves, canopies and porches shall not extend into the required front yard setback and no more than two feet into the side and back yard setbacks.

D.

On any parcel of land having an average width of less than fifty-five feet, which parcel was under one ownership of record on May 16, 1959, or is shown as a lot in any subdivision on file in the office of the county recorder on that date and the owner thereof owns no adjoining land, then the width of each side yard may be reduced to ten percent of the width of such parcel, but in no case to less than five feet.

E.

In CH, CT and M zones, the Planning Director may issue an administrative permit providing for food and/or beverage service within the front yard setback subject to the following terms and conditions:

1.

The area may only be utilized for on - premises consumption of food and/or beverages with provisions limiting facilities to tables, chairs, benches, outdoor heating or air circulating appliances and other similar furniture normally utilized in an outdoor café type of business.

2.

There shall be no display of inventory or merchandise nor sale of the same within the front yard setback area. No signs shall be allowed unless a sign permit is obtained pursuant to the provisions of Title 13 of this code. In no event shall temporary signs including banners, balloons, bunting, flags, posters, pennants, ribbons, streamers, strings of light bulbs or spinners be permitted within the area encompassed by the front yard setback.

3.

The area to be utilized may be covered by a post and beam, pole or awning structure which may be attached to the principal business building but which shall otherwise be open on three sides. Nonstructural sides may be utilized during business hours provided they do not create any public safety hazards or vehicular sight obstructions. Decorative or safety rails may be permitted.

4.

As to any existing building which intrudes into a side yard setback, the permit may allow the roof structure permitted to be subject to subsection (D)(3) to intrude into the side yard setback to the same extent as the building provided no public safety or fire hazards are created. New construction shall comply with required side yard setbacks.

The proposed utilization of the front yard setback area shall not create any vehicular site obstruction at an intersection or at a driveway entrance to the premises or adjacent premises. The utilization of the front yard setback as permitted by this subsection shall not be conducted so as to block, restrict or interfere with the use of adjacent sidewalks or pubic streets.

6.

The applicant shall submit a site plan for the proposed use as provided in Chapter 16.52.

F.

On a corner lot the twenty foot exterior side yard setback may be modified to allow an encroachment up to ten feet by an administrative permit if it can be demonstrated that a hardship exists due to special circumstances applicable to the property including size, shape, topography, location or surroundings, provided applicant can show that no hazard exists to vehicular or pedestrian traffic. Such administrative permit may be granted provided all provisions of this code are otherwise satisfied.

(Ord. 775 (part), 2004).

16.46.080 - Sales from vehicles, trailers or mobile units, on private or on public property.

(a)

Sales of food, beverages and merchandise from vehicles, trailers or mobile units shall be permitted on private property in any district without a use conditional permit provided such business is conducted in the following manner:

(1)

Such vehicles, trailers or mobile units shall be parked upon private property with the written consent of the property owner.

(2)

The visitors, guests or business patrons of vendors who jointly co-occupy the same private off-street parking lot with any other existing businesses, are prohibited from utilizing the off-street parking spaces required by this code or city permit for that other business. Vendors must provide a parking plan, approved by the property owner, and subject to the city's express consent, depicting paved parking for not less than three motor vehicles, in addition to the parking required of other operating businesses which share the same parking area.

(3)

Prior to any business operation vendor shall apply for, pay all necessary fees and obtain a business license for each day of the operation of such business, subject to the terms of Title 5 Business Regulations and Licenses of the Yreka Municipal Code, and the terms of the Siskiyou County Health Department.

(4)

No such vehicle, trailer or mobile unit shall remain upon any such private property for a period in excess of eight hours in any twenty-four-hour period.

(5)

Any person desiring to conduct a business for the sale of food, beverages or merchandise from a vehicle, trailer or mobile unit on private property in excess of eight hours in any twenty-four-hour period, are required to apply for, pay all necessary fees and obtain from the city council an extension of time for special events. The city council, may by resolution, or motion, grant an extension of time for daily business operations which exceed more than eight hours in length for a specific date or dates.

(6)

Any person desiring to obtain a permit to sell from a permanent location exceeding eight hours on a regular basis must apply for, pay all necessary fees and obtain a conditional use permit from the planning commission in accordance the zoning regulations and the provisions of Municipal Code Chapter 16.44.

(7)

The city council has the authority to adopt by resolution or ordinance such further rules and regulations governing sales from vehicles, trailers or mobile units, on private or on public property as it may deem, from time to time, necessary or appropriate in the city council's discretion.

(b)

Sales on city public streets or property at city sanctioned celebrations or promotions may be approved by a resolution of the city council. Any such sales shall be conducted at such locations and in such time and manner as may be authorized in writing by the city manager, chief of police or the director of public works.

(1)

Sales on the city's public sidewalks during periods other than city sanctioned celebrations or promotions may, in the city's discretion, be approved by a resolution of the city council, provided the sidewalk area is in excess of ten feet wide. Any such authorized sales, use shall be conducted in such a manner that it will not interfere with the mandates of the American Disabilities Act relating to pedestrian passage nor impose an unreasonable burden on the nearby properties, businesses, or occupants. Said approval will be subject to any additional rules and regulations as may be deemed necessary by the city council for each specific request.

(Ord. 775 (part), 2004).

(Ord. No. 820, § 1, 8-5-2010; Ord. No. 832, § 3(C), 12-6-2012; Ord. No. 862, § 1, 6-15-2021)

16.46.090 - Yard sale/garage sales.

A.

Yard/Garage Sale Defined: A "yard/garage sale" means a garage, yard, lawn, patio or similar type sale held anywhere on the premises in any zone for the purpose of disposing of personal property.

B.

Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted, at the same address, more than two yard sales during any calendar year. No single yard sale shall continue for more than two consecutive days.

C.

Property Permitted to be Sold in any Residential Zone. It is unlawful for any person or persons to sell or offer to sell at any yard sale any property other than personal property accumulated for personal use by the occupant or occupants residing at the address at which said sale is to be held; provided, however, nothing herein shall prohibit neighbors in the same residential area from conducting a combined yard sale at one specified address.

D.

Advertising. It is unlawful to place a sign or other form of advertisement of a proposed yard sale upon any public property within the city or upon any other property within the city, except upon the premises where such sale is conducted. It is unlawful to exhibit a sign or other form of advertisement for more than two (2) days prior to the day said sale is to commence, or to allow such sign to remain after six p.m. on the termination date of such sale. One sign only, not exceeding fifteen (15) by twenty (20) inches in size, may be placed in the front or side yard of the premises where the sale is conducted.

E.

Hours of Operation. It is unlawful to conduct a yard sale before nine (9:00) a.m. or after six (6:00) p.m. of any day.

F.

Notification Prior to Sale. Prior to conducting any yard sale, any person proposing to conduct a yard sale shall notify the city manager's office of the City of Yreka, which such notification shall include the following:

1.

Name and address of person proposing to conduct yard sale;

2.

Location of proposed sale;

3.

Date or dates during which the proposed sale is to be conducted.

G.

Violation - Penalty. Any person violating any of the provisions of this section is guilty of an infraction with a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense within one year, and two hundred fifty dollars ($250) for the third offense within one year. Nothing herein shall be

construed to prevent the City of Yreka from seeking injunctive or other relief which may be necessary to enforce the provisions of this code.

(Ord. 775 (part), 2004).

A.

Sales of handcrafted items on premises in any residential zone may be permitted pursuant to the provisions of this section.

B.

Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted at the same address any sale of handcrafted items for more than four (4) days in any calendar year.

C.

Advertising. It is unlawful to place a sign or other form of advertising of any such proposed sale on any public property within the city or upon other property within the city except upon the premises where the sale is to be conduced. It is unlawful to exhibit a sign or other form of advertisement for more than two days prior to the date said sale is to commence or to allow said sign to remain after six (6:00) p.m. on the termination day of such sale. One sign only not exceeding fifteen (15) by twenty (20) inches in size may be placed in the front or side yard of the premises where the sale is conducted.

D.

Hours of Operation. It is unlawful to conduct any such sale before nine (9:00) a.m. or after six (6:00) p.m. of any day.

E.

Business License Required. No such sale shall be conducted without previously procuring a daily business license for the day or days the sale is to be conducted.

F.

Violation - Penalty. Any person violating any of the provision of this section is guilty of an infraction with a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense within one year, and two hundred fifty dollars ($250) for the third offense within one year. Nothing herein shall be construed to prevent the City of Yreka from seeking injunctive or other relief which may be necessary to enforce the provisions of this code.

(Ord. 775 (part), 2004).

A.

On each multifamily development of five (5) units or more within any district, whether such development is on a single recorded lot or on two or more adjacent recorded lots, such development shall provide usable and accessible open space for the recreation and outdoor living enjoyment of the development's residents and their guests. Such open space shall not be less than twenty-five percent (25%) of the total parcel area.

B.

Open space standards shall be as follows:

1.

Open space may be provided in more than one location.

2.

To qualify as required open space, such area shall have no area less than ten (10) square feet and at least fifty percent (50%) open to the sky and free of any overhead structural or architectural projections.

3.

Open space shall be improved. Improvements may consist of planting areas containing living plant materials, walks, patios, swimming and wading pools, arbors, temporary and removable shade elements, recreation equipment and facilities and such other appurtenances as are appropriate to serve the outdoor living needs of people.

4.

Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, clothesdrying yards and nonlandscaped areas shall not be included in calculating required open space.

(Ord. 775 (part), 2004).

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.46.120, which pertained to nonconforming uses and derived from Ord. 775 (part), adopted 2004.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.46.130, which pertained to nonconforming buildings and derived from Ord. 775 (part), adopted 2004.

(a)

Prefabricated exterior storage containers such as cargo containers or truck trailers are permitted only in industrial zones with a conditional use permit as an accessory use to the primary permitted use on the same site, subject to the following conditions:

Storage containers may only be used for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.

2.

Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the storage container.

3.

Storage containers must be oriented to minimize the view from the public right-of-way. In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.

4.

Storage containers shall be painted in a color matching or similar to the field color of the primary structure and/or properly screened with screening walls and/or landscaping. Graffiti shall be removed within twentyfour (24) hours from any storage container or screening.

5.

The placement of any signs, advertising copy, banners, or similar item is prohibited on storage containers.

6.

No more than two (2) storage containers with a combined floor area of no more than six hundred forty (640) square feet shall be allowed. Storage containers shall not exceed a height of ten (10) feet.

7.

Storage container location:

(A)

Front setback: A storage container shall be no closer to the front lot line than the front-most wall of the building nearest the front lot line, or fifty (50) feet, whichever distance is greater. In no case shall a storage container be located closer than fifty (50) feet to any front lot line.

(B)

Side and rear setbacks: Side and rear setbacks shall be the same as those for the underlying zone.

(b)

Storage containers may be allowed as a temporary use on construction sites in any zone within the city subject to first obtaining a temporary use permit pursuant to Section 16.46.010.

(c)

This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers provided which container or trailer is only on the property temporarily and not utilized for outside storage purposes.

(Ord. 775 (part), 2004).

• (Ord. No. 853, § 2, 8-16-2018)

16.46.150 - Single-room occupancy residential unit (SRO).

A.

General Provisions. The following are the minimum criteria applicable to all new single-room occupancy residential units:

1.

Tenancy. Tenancy of single-room occupancy residential units shall not be less than thirty days.

2.

Tenants per room. Each unit shall accommodate a maximum of two persons.

3.

Maximum unit size. No unit may exceed four hundred square feet.

4.

Common facilities. Single-room occupancy residential unit facilities shall provide individual or shared bathing facilities and may provide individual or shared kitchen facilities.

5.

Laundry facilities. Common laundry facilities shall be provided at a rate of one washer and dryer per ten units, with a minimum of one washer and dryer.

6.

Manager's Office or Unit. An on-site management office or manager's unit shall be provided.

7.

Parking. One parking space per unit is required. All applicable parking facility standards shall apply per Chapter 16.54.

8.

Storage. Each unit shall have a separate closet.

(Ord. No. 837, § 1, 5-1-2014)

16.46.160 - Emergency shelters.

A.

Development Standards.

1.

The maximum number of beds shall be fifteen.

2.

The emergency shelter shall provide on-site parking at a rate of one space for staff plus one space per five allowed occupants. All applicable parking facility standards shall apply per Chapter 16.54.

3.

A written management plan is required for all emergency shelters that includes provisions for staff training, neighborhood outreach, transportation, security, client services, and food services.

4.

The maximum term of staying at an emergency shelter is six months in a consecutive twelve month period.

(Ord. No. 837, § 1, 5-1-2014)

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are an allowed use in all zoning districts that allow single-family and multifamily residential uses in the city and shall not be subject to a use permit or other discretionary action pursuant to Government Code Section 66310-66324. In the CPO, C-2, CH, CT, and M-1 zones, ADUs are permitted by right only if the property has an existing or proposed single- or multi-family dwelling. JADUs are only permitted by right in R-1 zones. ADUs and JADUs are subject to the following requirements unless otherwise specified under Government Code Section 66332

A.

The size of an attached ADU shall not exceed fifty percent of the existing primary dwelling living area, as long as the size limitation permits an ADU at least eight hundred square feet in size, at least sixteen feet in height with four-foot side and rear yard setbacks, and that can be constructed in compliance with all other local development standards. Maximum allowed size is one thousand two hundred square feet. JADUs shall not exceed five hundred square feet regardless of lot size.

B.

The dwelling unit is not intended for sale but may be rented for a period greater than thirty days. Short-term rental (thirty days or less) of these units is not allowed. The ADU or JADU shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting in the primary structure and ADU being on individual lots. Full

separate utility connections for all habitable structures shall be a requirement of approval of the lot division. The dwelling unit can be sold with the involvement of qualified nonprofit housing organizations.

C.

The lot contains an existing or proposed single- or multi-family dwelling.

D.

The lot in which the use is proposed is in a zoning district which allows for single- or multi-family use.

E.

Owner-occupancy of the parcel is not a requirement to apply for the construction of an ADU or JADU. ADUs built after January 1, 2020 are not required to have owner occupancy. However, owner occupancy of the single-family residence in which a JADU will be permitted is required. The owner may occupy either the remaining area of the primary dwelling or the JADU. The recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

a.

A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers

b.

A restriction on the size and attributes of the JADU that conforms with this article.

F.

For a project which proposes a new single- or multi-family dwelling and an ADU or JADU, the primary dwelling shall be approved for occupancy prior to occupancy of the ADU/JADU.

G.

ADUs shall be either attached to the proposed or existing dwelling and located within the living area of the proposed or existing dwelling or detached from the proposed or existing dwelling and located on the same lot as the existing dwelling. JADUs shall be attached to the existing dwelling and located within the living area of the proposed or existing dwelling, including attached garages.

H.

No setback shall be required for an existing living area, garage, or accessory structure that is converted to an ADU or JADU. However, fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those ADUs or JADUs not meeting setbacks.

A setback of four feet shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

I.

With the exception of those requirements discussed in subsection H above, requirements relating to height, architectural review, site plan review, fees, charges, and other zoning requirements are generally applicable to residential construction in the zone in which the property is located.

J.

Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. No new or additional parking spaces are required for JADUs. Additionally, no parking requirements shall be mandatory for those ADUs and JADUs in any of the following instances:

a.

The ADU or JADU is located within one-half mile of public transit.

b.

The ADU or JADU is located within an architecturally and historically significant historic district.

c.

The ADU or JADU is part of the existing primary residence or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the ADU or JADU.

e.

When there is a car share vehicle located within one block of the ADU or JADU.

f.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.

K.

Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

L.

The replacement of parking spaces in an existing attached or detached garage, carport, or covered parking converted to an ADU or an existing attached or detached garage, carport, or covered parking demolished to construct a new ADU shall not be required for the construction and use of the ADU.

The replacement of parking spaces in an existing attached garage, carport or covered parking converted to a JADU or an existing attached garage, carport, or covered parking demolished to construct a new JADU shall not be required for the construction and use of the JADU.

M.

The creation of an ADU or JADU shall not be considered to constitute a change in occupancy for purposes of applying building code requirements, provided that the construction of the ADU or JADU does not result in a change of occupancy under the California Building Standards Code.

N.

The City shall not require a property owner to obtain a separate demolition permit or other approval for the demolition of an existing detached garage that is to be replaced with an ADU or JADU. Demolition of the detached garage may be carried out concurrently with the construction of the new ADU or JADU, provided that the applicant has obtained all necessary building permits for the new unit.

O.

When a detached garage is demolished in conjunction with the construction of an ADU or JADU, the city shall not require that those off-street parking spaces be replaced.

P.

All ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling. However, other fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those ADUs and JADUs not meeting side and rear setbacks as prescribed in Title 16 "Zoning." For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

Q.

For those ADUs or JADUs contained within the existing space of a single-family residence or accessory structure, which have an independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety shall not require a new or separate utility connection directly between the ADUs or JADUs and the utility. No related connection fee or capacity charge shall be imposed for this structure.

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

R.

Development impact fees for ADUs shall be based on the proportional size of the ADU to the primary dwelling. No development impact fees shall be required for ADUs of seven hundred fifty square feet or less in size.

S.

For an ADU or JADU that is not described in subsection N above, a new or separate utility connection directly between the ADU or JADU and the utility shall be required. The connection is subject to a connection fee or capacity charge which shall be proportionate to the burden of the proposed ADU or JADU, based upon either its square footage or number of drainage fixture unit valves, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. No impact fees may be charged for the development of an ADU or JADU less than seven hundred fifty square feet.

T.

A maximum of one ADU converted from existing space, one newly constructed detached ADU, and one JADU are allowed per lot occupied by a single-family residential unit, unless otherwise specified under Government Code Section 66314, if the following is met:

a.

The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure.

b.

An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

c.

The space has exterior access from the proposed or existing single-family dwelling.

d.

The side and rear setbacks are sufficient for fire and safety.

e.

The JADU complies with the requirements of Section 17.76.130 and Section 17.08.145.207

U.

Multiple ADUs shall be allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

Up to eight detached ADUs that are located on a lot that has an existing multi-family dwelling shall be allowed on that multi-family lot, provided that the number of ADUs does not exceed the number of existing units on the lot. Up to two detached ADUs are permitted on a lot with a proposed multifamily dwelling.

The property owner may submit an application for legalization of an unpermitted ADU or JADU pursuant to this section. The city shall review the application for compliance with Government Code section 66332, applicable building standards, and any other objective standards adopted by the city that are consistent with state law.

(Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020; Ord. No. 887, § 3, 12-16-2025)

Chapter 16.47 - ADULT-ORIENTED BUSINESSES

Sections:

(a)

It is the purpose and intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses, such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated, unless closely regulated, adult-oriented businesses tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and deterioration of neighborhoods. Special regulation of this use is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(b)

It is, therefor, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

(c)

It is not the intent of the city council of the city of Yreka, in enacting this chapter, or any provision thereof, to condone or legitimize the distribution of obscene material, and the city of Yreka recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the city of Yreka.

(d)

Nothing in this chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

(e)

In prohibiting public nudity in adult-oriented businesses, the city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity.

(Ord. 791 §3(part), 2006).

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, these definitions shall prevail for the purposes of this chapter.

"Adult arcade" means a business establishment or concern to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

"Adult booth/individual viewing area" means a partitioned, enclosed or partially enclosed portion of an adult business used for any of the following purposes:

(1)

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;"

(2)

Where "adult arcade devices" are located.

"Adult business" means:

(1)

A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult hotel/motel, adult modeling studio; or

(2)

A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult-oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law.

"Adult business premises" means a property described in an adult business permit where an adult business is authorized to operate. The adult business premises shall include the building and/or unit where the adult business is authorized to operate but shall not include sidewalks, streets, other public rights-of-way, or adjacent property to any such place or location.

"Adult cabaret" means a business establishment or concern (whether or not serving alcoholic beverages) that features "adult live entertainment."

"Adult hotel/motel" means a "hotel" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."

"Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including but not limited to a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas;" and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

"Adult modeling studio" means a business establishment or concern that provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the state of California.

"Adult motion picture theater" means a business establishment or concern, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions, that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult retail store" means a business establishment or concern having as a regular and substantial portion of its stock in trade, "adult-oriented material."

"Adult-oriented material" means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices, including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult-oriented material" shall include "sexually oriented merchandise."

"Applicant" means a person who is required to file an application for an adult business permit under this chapter.

"Child day care facility" means any child day care facility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes.

"Historic district" or "area of historic preservation" means those areas which have been established for historic preservation in Title 17 of the Yreka Municipal Code as adopted by city of Yreka Ordinances Numbered 539 (part), adopted in 1977 and Numbered 480 (part), adopted in 1972, as may be from time to time amended.

"Permit" means an adult business permit or an adult business performer permit.

"Permittee" means a person in whose name a permit has been issued to operate either an adult business or work as an adult business performer.

"Public park" means any park, playground, swimming pool, reservoir, golf course or athletic field within the city which is under the city's control, operation and management.

"Religious institution" means a structure or facility that is used primarily for religious worship and related religious activities.

"Residential zone" means any area designated by Title 16 of the Yreka Municipal Code as an area for residential use.

"Reviewing departments" means the police department, fire department, planning department, building department or building official, city manager, and any other city department or division thereof with jurisdiction over the development or operation of an adult business, and any other local, state, or federal governmental agency with jurisdiction over the development or operation of an adult business.

"School" means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the state of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this chapter, "school" does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

"Sexually oriented merchandise" means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

"Specified anatomical areas" means and includes any of the following:

(1)

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

(A)

Human genitals, pubic region,

(B)

Buttocks, anus, or

(C)

Female breasts below a point immediately above the top of the areola;

(2)

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

"Specified Criminal Act" means any unlawful lewd or indecent criminal act, including specifically, but not without limitation, any of the lewd or indecent criminal acts specified below:

(1)

Any of the offenses set forth in Sections 314, 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered, or any offense requiring registration under California Penal Code Section 290.

(2)

The equivalent of the aforesaid offenses in other jurisdictions outside the state of California.

"Specified sexual activities" means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual stimulation or arousal;

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(4)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints;

(5)

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

(6)

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

(Ord. 791 §3(part), 2006).

As used herein, to "establish" an adult-oriented business shall mean and include any of the following:

(1)

The opening or commencement of any adult-oriented business as a new business;

(2)

The conversion of an existing business, to any adult-oriented business defined herein;

(3)

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

(4)

The relocation of such adult-oriented business.

(Ord. 791 §3(part), 2006).

No adult-oriented business shall be established or located in any residential zone or historic district of the city of Yreka, or within certain distances of certain specified land uses or zones as set forth below:

(a)

No such business shall be established or located, or within one thousand feet of any other adult-oriented business.

(b)

No such business shall be established or located, or within one thousand feet of any residential zone or use, park, church, school or historic district.

(c)

The distances set forth above shall be measured as a radius from the primary entrance of the adultoriented business to the property lines of the property so zoned or used without regard to intervening structures.

(Ord. 791 §3(part), 2006).

Any use of real property existing on the date the ordinance codified in this chapter become effective, which does not conform to the provisions of this chapter, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until sixty days after the effective date of the ordinance codified in this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by in accordance with the provisions of Section 16.47.060 of this chapter.

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of Section 16.47.040 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved by in accordance with the provisions of Section 16.47.060 of this chapter.

(Ord. 791 §3(part), 2006).

The owner or operator of a nonconforming use as described in Section 16.47.050 of this chapter may apply under the provisions of this section for an extension of time within which to terminate the nonconforming use.

(a)

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 16.47.040 of this chapter may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with at least ninety days but no more than one hundred eighty days prior to the time established in Section 16.47.050 of this chapter for termination of such use.

(b)

Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council. If no fee has been set, said fee shall be that fee set by a resolution executed by the city manager, pursuant to Section 1.24.110 of the Yreka Municipal Code.

(c)

Hearing Procedure. The city council shall hear the application. The hearing shall be set within forty-five days of receipt of the application and shall be conducted in the same manner as set forth in Section 16.14.030 of the Yreka Municipal Code. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6. No adult-oriented business permit shall be issued for matters which are appealed until after the period allowed for appeal. In the event of an appeal, no such permit shall be granted until the matter has been finally approved.

(d)

Approval of Extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the city council makes all of the following findings or such other findings as are required by law:

(1)

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to;

(2)

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

(3)

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 16.47.040 of this chapter.

(Ord. 791 §3(part), 2006).

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.070, which pertained to conflicting laws and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.080, which pertained to severability and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.090, which pertained to environmental review and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.100, which pertained to effective date and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.110, which pertained to posting and publication and derived from Ord. 791, adopted 2006.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.47.120, which pertained to codification and derived from Ord. 791, adopted 2006.

Chapter 16.48 - MANUFACTURED HOME PARKS

Sections:

Manufactured home parks shall be allowed in the R-3, CH or M-1 districts upon the granting of a conditional use permit in accordance with the provisions of this chapter.

(Ord. 775 (part), 2004).

16.48.020 - Definitions.

A.

"Manufactured Home" shall mean a home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) on a foundation system, pursuant to § 18551 of the Health and Safety Code, on lots zoned for conventional single-family residential dwellings.

B.

"Manufactured Home Park" is a parcel where two (2) or more spaces are rented or leased or held out for rental or lease for single-family residency in manufactured homes.

(Ord. 775 (part), 2004).

16.48.030 - Site area.

A manufactured home park shall have a minimum site area of two (2) acres and shall have not less than three thousand (3,000) square feet of area for each manufactured home space located on the site.

(Ord. 775 (part), 2004).

A minimum of one hundred (100) square feet of outdoor or indoor recreation area shall be provided for each manufactured home lot exclusive of required yards or vehicle parking areas. The minimum size for any single outdoor recreation area shall be two thousand five hundred (2,500) square feet.

(Ord. 775 (part), 2004).

No manufactured home space or dwelling unit shall be located in a front, side or rear yard required of the zoning district within which it may be located.

(Ord. 775 (part), 2004).

No accessory structure other than a carport, garden structure, storage building, sun or wind shelter shall be erected within a manufactured home space for the use of the occupants of an individual manufactured home.

(Ord. 775 (part), 2004).

The minimum distance between manufactured homes shall be ten (10) feet. The minimum distance between an accessory structure on one site and a manufactured home on an adjacent site shall be ten (10) feet.

(Ord. 775 (part), 2004).

Not less than five (5) feet of yard adjoining a property line of a manufactured home park shall be landscaped and permanently maintained. The Planning Commission shall require additional landscaping and fences or walls where necessary to ensure privacy, protect adjoining property, insulate against wind, noise or glare, or screen unsightliness.

(Ord. 775 (part), 2004) (Ord. 775 (part), 2004).

Not less than two (2) off-street parking spaces shall be provided for each manufactured home space. All areas used for automobile circulation or parking shall be improved as prescribed in Chapter 16.54.

(Ord. 775 (part), 2004).

Chapter 16.50 - BED AND BREAKFAST INNS

Sections:

It is the purpose of this chapter to establish regulations for the location, use, parking, signing and processing of applications for permits to operate bed and breakfast inns.

(Ord. 775 (part), 2004).

"Bed and breakfast inn," means an owner or manager-occupied residence wherein a room or rooms are rented for the purpose of providing overnight accommodations for paying guests for a period not to exceed one week per individual rental, with not more than one meal to be provided daily, the entire service offered to be included in one stated price.

(Ord. 775 (part), 2004).

16.50.030 - Zones within which permitted.

A bed and breakfast inn may be permitted after issuance of a conditional use permit within all zones except M-1 and M-2 industrial zones and the RCS zone; and, further provided, a bed and breakfast inn within a residential zone shall not exceed four (4) rental units.

(Ord. 775 (part), 2004).

16.50.040 - General requirements.

A.

A conditional use permit shall be required for any bed and breakfast inn in compliance with the provisions of Chapter 16.44.

B.

One off-street parking space shall be provided for each rental room or unit, in addition to the existing requirements for off-street parking for the occupying owner or manager. No such parking area shall be established within the front building setback for such parcel. In addition thereto, there shall be one additional parking place provided for each employee who is not the occupying owner or manager of such parcel. All such off-street parking spaces and access driveways thereto shall be paved with asphalt or other acceptable all-weather surfacing. The owner or manager shall require all tenants and employees to utilize such off-street parking.

C.

Signs for any bed and breakfast inn within any residential zone shall be affixed to the structure and shall not exceed four (4) square feet in size. Signs for any bed and breakfast inn not within a residential zone shall be erected, constructed and maintained in accordance with Title 13 of this code. Self-illuminated signs are not permitted. External illumination of signs may be permitted, provided, however, when reflectors, lights or spotlights are used, they shall be installed and maintained so as to concentrate their illumination upon the sign face and shall not cause glare upon the street or adjacent private property.

D.

All applications for a conditional use permit shall be submitted by the owner of the property and shall be accompanied by the following:

A site plan depicting all existing and proposed structures, all existing and proposed off-site improvements, off street parking and driveway access, all immediately adjacent properties and improvements, sign details and proposed locations and such photographs or drawings as may be necessary to adequately review the proposed project.

2.

In addition thereto, the Planning Commission may require the review and recommendation of the Historic District and Landmarks Commission on any structure located within the Historic District. Nothing herein shall be construed to waive any other review or approval otherwise required by this code in the event such building or structure is located within the historical district of the City of Yreka.

E.

Any building or parcel used for a bed and breakfast inn shall comply with any and all applicable health, safety and fire rules, regulations, statutes or codes pertinent thereto. Meal preparation shall not be allowed within guest rooms or units.

(Ord. 775 (part), 2004).

Upon reasonable notice, any bed and breakfast inn may be inspected during normal business hours by the building inspector, health department inspector or fire chief of the City of Yreka to assure compliance with the provisions of this ordinance or any other applicable rules, regulations, statutes or codes.

(Ord. 775 (part), 2004).

In all residential zones, a conditional use permit granted pursuant to this chapter shall prohibit the use of such facility for any other commercial use of the applicant's property. Any signs erected for a prior use of any such facility shall be removed as a condition to the issuance of the conditional use permit. Within all residential zones, the conditional use permit shall prohibit the expansion of any existing residential structure so as to provide or allow additional rental units unless approved by the Planning Commission.

(Ord. 775 (part), 2004).

16.50.070 - Revocation or termination of conditional use permit.

A.

A conditional use permit granted in accordance with the terms of this chapter shall be automatically revoked if not used within one year from the date of approval of such permit.

B.

In the event any building or parcel used for a bed and breakfast inn is not used or maintained in strict accordance with the terms of the conditional use permit, the provisions of this chapter, or any other applicable provision of this code or law or regulation applicable thereto, the Planning Commission may

institute proceedings for the revocation of said conditional use permit in accordance with the provisions of § 16.44.050. In addition thereto, upon review and recommendation by the City Manager of any complaint filed with the city by any person affected by the use, operation and maintenance of said bed and breakfast inn affecting the health, safety and compatibility of said use as to adjacent or affected properties, the Planning Commission shall institute proceedings in accordance with the provisions of § 16.44.050. Any such conditional use permit shall be revoked if the Planning Commission finds that the use and maintenance thereof substantially interferes with the quiet and peaceful enjoyment of adjacent properties. In lieu of revocation of any such conditional use permit, the Planning Commission may impose additional conditions for the use, operation and maintenance of any such bed and breakfast inn so as to assure the health, safety and compatibility of such use to adjacent properties.

(Ord. 775 (part), 2004).

Chapter 16.52 - SITE PLAN REVIEW

Sections:

The purpose of the site plan is to enable the building and planning departments to make a finding that the proposed development is in conformity with the intent and provisions of this title and to guide the building department in the issuance of building permits. Site plan review pursuant to this Chapter shall be required for the issuance of all permits required by the building department, conditional use permits, administrative permits, change in a use or expansion of a use requiring additional parking, initial occupation and use of vacant property, or as otherwise required by this title.

(Ord. 775 (part), 2004).

A.

The applicant shall submit one print of the site plan to the Planning Director or Building Official when Planning Commission review is not required. If Planning Commission review is required, ten (10) prints shall be provided by the applicant. The site plan should be drawn to scale and shall indicate clearly and with full dimensions the information required.

B.

Site plan requirements:

1.

Exterior boundary lines of the property indicating easements, dimensions and lot size;

2.

Label all adjacent streets or rights-of-way;

3.

Location, elevations, size, height, dimensions, materials and proposed use of all buildings and structures, (including walls, fences, signs, lighting and hooding devices) existing and intended to be on the site;

4.

Distances between all structures and between all property lines or easements and structures;

5.

Any nearby buildings relevant to application;

6.

All existing trees on the site giving circumference, type and location and any significant plant material;

7.

Any existing significant natural features such as rock outcroppings or watercourses;

8.

Location, number of spaces, and dimensions of off-street parking spaces, loading docks and maneuvering areas; indicate internal circulation;

9.

Pedestrian, vehicular and service points of ingress and egress; driveway widths and distances between driveways;

10.

Proposed landscaping, include diagram, quantity, location, varieties and container size;

11.

Proposed grading plan (for sites having over five-foot grade differential) showing direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities;

12.

Required and existing street dedications and improvements such as sidewalks, curb, gutter and pavement;

13.

Note scale (scale: 1" = 40') and north arrow on plan;

14.

Vicinity map indicating nearby cross streets in relation to the site (need not be to scale);

15.

Other such data as may be required by the Building Official, Planning Director or Planning Commission to aid them in consideration of any site plan review. The Planning Director or Building Official may waive specific requirements of this section if they are not necessary or appropriate for the review required.

C.

The Building Official, the Planning Director or Planning Commission shall approve, approve with such conditions as are deemed necessary to protect the public health, safety and general welfare, or disapprove the site plan. In approving the site plan, the Building Official, Planning Director or Planning Commission shall ascertain that all applicable provisions of this title are complied with.

D.

The approved site plan, with any conditions shown thereon or attached thereto when appealed to the Planning Commission, shall be dated and signed by the Planning Director or Building Official.

E.

Revisions by the applicant to an approved site plan shall be made pursuant to the initial application procedure set forth in this chapter provided the Planning Director may approve minor modifications that do not materially alter the approved site plan.

(Ord. 775 (part), 2004).

16.52.030 - Landscapes Standards.

A.

Within the perimeter of a parking area, five (5) percent of the parking area shall be planted with trees, shrubs and ground covers. Utilization of trees for landscaping, where practical, is preferred to shrubs and ground covers. There shall be a minimum of one-five (5) gallon sized tree planted for each ten (10) parking spaces. Bark and decorative rock may be used in the interim to cover the ground until plants mature. Lawn may also be used when the lawn area contains at least one hundred and fifty (150) square feet.

B.

Parking areas provided adjacent to the street shall be separated from the street by landscaping within the required building setback area. To the extent practical, the setback landscape area should provide some screening of the parking area from the street. Landscaping within this area shall include one-fifteen (15) gallon sized tree for each one hundred (100) feet of street frontage, and at least one gallon sized shrub for each five (5) feet of frontage. Such landscaped area may also be planted with lawn or ground cover plants. Other decorative non -plant ground covers may be used as long as they do not exceed twentyfive percent (25%) of the landscaped area. None of the landscaped setback area shall qualify for the five percent (5%) requirement in subsection (A) above.

C.

On projects not requiring parking lot landscaping there shall be planted trees, shrubs and/or ground covers, as provided in subsection (A) in an area of not less than two percent (2%) of the total lot area.

D.

Landscaping shall be provided in the event the project substantially impairs the view shed of adjacent properties or is required to reduce noise levels at the property line from the project and shall be approved by the Planning Commission.

E.

The landscape plan shall include a plan for water efficient irrigation in accord with City policy.

(Ord. 775 (part), 2004).

Because of changes that may occur in the local neighborhood due to increase in vehicular traffic generated by facilities requiring a site plan review, the City may require dedications and improvements deemed necessary to reduce or mitigate impacts of the proposed use. As a condition or conditions to the approval of any site plan the following may be required:

A.

Developments Bordering or Traversed by an Existing Street. If the development borders or is traversed by an existing street, the applicant may be required to:

1.

Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half the ultimate width established by the city as the standard for such minor or collector street;

2.

Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the city as the standard for such minor or collector street;

3.

Dedicate all necessary rights-of-way to widen a bordering or traversing major street to the standards of width required for a collector street under paragraphs (1) and (2) above;

4.

Set back all facilities the required distances from ultimate property lines along a major street as shown on any master, official or precise plan of streets and highways;

5.

Install utilities and drainage facilities to the full extent of the service requirements generated by the development;

6.

Grade and improve bordering minor or collector streets from curb to the centerline of the ultimate right-ofway;

7.

Grade and improve traversing minor or collector streets from curb to curb;

8.

Grade and improve both parking lanes and the two outside traffic lanes of a traversing major street.

B.

Except as provided in subsection (C), all new roads shall be dedicated and improved in accordance with the requirements of subsection (A).

C.

Where a frontage road is provided and improved along a major street in accordance with city standards, the dedication and curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsection (A) shall not be required.

D.

Where access to or from a bordering or traversing major street is prohibited as a condition of approval or by law, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsection (A) shall not be required.

E.

All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the Planning Commission that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. The applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, at which time there shall be money deposited with the city or a performance bond posted with the city, in an amount equal to one and a half times the estimated cost of the improvements, to guarantee the making of such improvements.

(Ord. 775 (part), 2004).

Before a building permit shall be issued for any building or structure proposed as part of the approved site plan, the Building Official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions. All conditions imposed by the Plan ning Director or Planning Commission must be complied with prior to issuance of any certificate of occupancy or final approval.

(Ord. 775 (part), 2004).

A site plan approval shall lapse and shall become void one year following the date on which approval by the Building Official, Planning Director, or Planning Commission became effective unless, prior to the expiration of one year, the use or construction is commenced and construction diligently pursued toward completion on the site which was the subject of the site plan approval. Approval may be extended for an additional period or periods of one year upon written application to the Building Official or Planning Director. Such extension request must be filed before expiration of the existing approval.

(Ord. 775 (part), 2004).

A.

Failure to comply with an approved site plan, unauthorized modification of the site plan, or failure to maintain required landscaping shall be grounds for termination of any conditional use permit in the manner set forth in § 16.44.050.

B.

Failure to comply with an approved site plan, unauthorized modification of the site plan for which a conditional use permit was not required, or failure to maintain required landscaping is unlawful and shall constitute an infraction for each day that the utilization of the property is in violation of the approved site plan. Utilization of the property in violation of a site plan shall constitute a public nuisance and the City may take such action to abate the public nuisance.

(Ord. 775 (part), 2004).

Except as provided in Sections 16.52.060 and 16.52.070 a site plan approved pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan approval.

(Ord. 775 (part), 2004).

Chapter 16.54 - OFF-STREET PARKING AND OFFSTREET LOADING FACILITIES

Sections:

16.54.010 - Off-street parking facilities required.

A.

A parking space shall be an area for the parking of a motor vehicle, plus those additional areas and facilities required to provide for the safe ingress and egress from the space. The area set aside to meet these

provisions must be usable and accessible for the type of off-street parking need which must be satisfied.

B.

In any residential district, all vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in a garage or carport, or (not to exceed two vehicles) stored in an area entirely enclosed by a six (6) foot sight obscured fence not within the front yard setback.

C.

There shall be provided off-street parking facilities for vehicles in accordance with the requirements of this chapter and other applicable provisions on occurrence of any of the following:

1.

Initial occupancy of a site or construction of a structure where parking is required pursuant to § 16.54.020;

2.

Change of use of a building where parking is required pursuant to § 16.54.040;

3.

Building additions or enlargements where parking is required pursuant to § 16.54.040.

(Ord. 775 (part), 2004).

16.54.020 - Parking space schedule.

A.

Parking spaces shall be required as follows:

1.

Residential Uses: As set forth in Zone District.

2.

Commercial and Industrial Uses.

(a)

Banks, business and professional offices (not listed separately herein); one space for each two hundred (200) square feet of floor area;

(b)

Retail stores and personal services establishments: one space for each two hundred (200) square feet of floor area;

(c)

Barber shops and beauty parlors: one space for each one hundred (100) square feet of floor area plus one space for each employee;

(d)

Commercial service establishments, repair shops and wholesale establishments, and retail stores which handle only bulky merchandise such as furniture, household appliances, lumber and building materials, motor vehicles, nursery and garden supplies, farm implements and machinery: one space for each six hundred (600) square feet of floor area, plus one space for each two thousand (2,000) square feet of outdoor sales or service area;

(e)

Hotels and Motels: one space for each unit;

(f)

Private clubs, fraternity houses, sorority houses, lodges, lodging houses and rooming houses: one space for each bed;

(g)

Manufacturing plants and other industrial uses: one space for each employee of the maximum working shift;

(h)

Mini-storage uses: two (2) spaces for an onsite caretaker, if any, plus one space for each two hundred (200) square feet of office space shall be provided;

(i)

For warehouses and storage buildings, one space for each one thousand five hundred (1,500) square feet of floor area or one space for each employee of the maximum working shift, whichever is greater.

3.

Utility uses. Electric distribution substations, electric transmission substations, gas regulator stations, public utility pumping stations, reservoirs, water or gas storage tank farms, sewage treatment plants and other public utility buildings and uses: one space for each employee of the maximum working shift, plus one space for each company vehicle using the site. Where such facility is unmanned, no spaces need be provided.

4.

Health uses.

(a)

Medical and dental offices or clinics: one space for each doctor, dentist or practitioner, plus one space for each employee, plus two (2) spaces for each examining room;

(b)

Rest homes, nursing homes, convalescent homes, homes for the aged: one space for each employee plus one space for each four (4) beds;

(c)

Hospitals: one space for each two (2) beds and one space for each employee of the maximum working shift, excluding doctors.

5.

Places of assembly.

(a)

Café, restaurant or other establishments for the sale and consumption on the premises of food and beverages: one space for each three (3) seats plus one space for each employee of the maximum working shift;

(b)

Drive-in restaurants: one space for each three (3) seats, plus the number of additional spaces prescribed by the Planning Commission;

(c)

Auditoriums (except school auditoriums), churches, dancehalls, private clubs and lodges, wedding chapels, mortuaries, sports arenas and stadiums, and health clubs and public swimming pools generally one space for each three (3) fixed seats or one space for each fifty (50) square feet of area available for public use, whichever is greater, plus one space for each employee, provided however the Planning Commission may determine the number of spaces required taking into consideration the intensity of the proposed use;

(d)

Theaters: one space for each two seats;

(e)

Bowling alleys: four (4) spaces for each alley, plus one space for each three (3) seats devoted to restaurant and/or cocktail lounge and one for each employee;

(f)

Other places of assembly without fixed seats: one space for each fifty (50) square feet of floor area used for assembly.

Educational uses.

(a)

Elementary and junior high schools: one space for each employee including teachers, administrators, and custodians, plus sufficient space for safe and convenient bus loading and unloading of students;

(b)

High schools: three (3) spaces for each classroom, plus one space for every six (6) students;

(c)

Colleges: one space for each employee including teachers, administrators and custodians, plus one space for each ten (10) students enrolled;

(d)

Day care centers: one space for each employee;

(e)

Business, professional and trade schools and colleges; art, music and dancing schools: one space for each employee including teachers and administrators, plus one space for each two (2) adult students.

7.

Public Uses.

(a)

Public buildings not open to the public: one space for each employee of the maximum working shift;

(b)

Public buildings open to the public: one space for each employee of the maximum working shift plus such additional spaces required by the Planning Commission taking into consideration the anticipated use of facility by the public.

(c)

Public buildings and grounds other than administrative offices and educational uses: one space for each employee of the maximum working shift, plus the number of additional spaces required by the Planning Commission.

8.

Transportation Terminals and Facilities. Airports, heliports, bus depots, railroad stations and yards, truck terminals: one space for each employee of the maximum working shift, plus the number of additional spaces prescribed by the Planning Commission.

9.

Miscellaneous Uses. For a use not specified in the parking space schedule set out in this section, the same number of parking spaces shall be provided, as determined by the Planning Commission, as are required for the most similar specified use.

(Ord. 775 (part), 2004).

16.54.030 - Floor area defined—Measurement of parking spaces.

A.

For the purposes of this chapter, "floor area" means that floor area used, or intended to be used, for service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It does not include areas used principally for storage and restrooms.

B.

If, in the application of the requirements of this chapter, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

(Ord. 775 (part), 2004).

16.54.040 - Change in use - Additions and enlargements to existing facilities - Effect on parking facilities.

A.

Whenever there is a change in use and such change creates a need for an increase in the number of offstreet parking spaces, such increase in off-street spaces shall be provided on the increased requirements of the new use, with credit being given for existing offstreet parking facilities. Except for single-family residences and residential duplexes, additional parking requirements for a change in use need be satisfied only to the extent that such additional parking area is available on the subject lot or parcel.

B.

In the event the change creates a need for an increase of two (2) or less off-street parking spaces, no additional parking facilities shall be required. However, when the addition or enlargement of an existing building creates a need for an increase in the number of off-street parking spaces by ten (10) percent or more, such increase in off-street parking facilities shall be provided on the basis of the total increase in floor area, or in other applicable units of measurement, even if it is two (2) or less spaces.

(Ord. 775 (part), 2004).

16.54.050 - Conversion of residential garages to additional living space.

A.

This section shall apply to single-family dwellings where all the following conditions occur:

1.

The lot or parcel upon which the dwelling is located is less than seven thousand square feet;

2.

The dwelling was constructed prior to adoption of this ordinance.

B.

The owner of such existing single-family residential dwelling may apply for and obtain an administrative permit to convert an attached garage or carport of such dwelling unit into additional living space not to be used as an "accessory dwelling unit". The following terms and conditions shall apply for approval of the administrative permit.

1.

For each required garage space or carport space converted, the owner shall provide one off-street parking space on the subject property. and not be located within any required building setback area if other areas are reasonably available.

2.

Such alternate parking space shall be paved with concrete or asphalt.

3.

The design and location of the alternate parking space, together with the access thereto, shall be approved by the planning director.

4.

Submission by the applicant of such plans for the garage conversion and construction of the parking place as may be required by the building official for the issuance of a building permit.

C.

No work shall commence on any such conversion or on construction of alternate parking prior to the issuance of an administrative permit by the planning director and the applicant obtaining a building permit for such construction and conversion and paying the necessary fee therefor. Notwithstanding the foregoing, an innocent bonafide purchaser of a residential dwelling described in subsection (A) for which a permit was not obtained may apply for a permit pursuant to this section and for a building permit for such conversion subject to such conditions as may be additionally imposed by the building official to assure that the construction and conversion was in compliance with all applicable codes and regulations.

(Ord. No. 853, § 2, 8-16-2018)

Editor's note— Ord. No. 853, § 2, adopted Aug. 16, 2018, amended § 16.54.050 in its entirety to read as herein set out. Former § 16.54.050 pertained to conversion of residential garages and derived from Ord. 775 (part), adopted in 2004.

In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use.

(Ord. 775 (part), 2004).

The Planning Commission may, upon written application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:

A.

One hundred (100%) percent of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use. One hundred (100%) percent of the parking facilities required by this chapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided that such parking area shall meet the conditions set forth in paragraph (C) below;

B.

The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: dance halls, theaters, bars, auditoriums other than those incidental to a public or parochial school or churches, and similar uses;

C.

The following are conditions required for joint use:

1.

The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within two hundred (200) feet of such parking facility,

2.

The applicant shall show that there is no substantial conflict in the principal operating hours or days of the building or uses for which the joint use of offstreet parking facilities is proposed. If the building, structure or improvement requiring parking space is in one ownership and the required parking space provided in another ownership, partially or wholly, there shall be a recording in the office of the county recorder of a covenant by such owners for the benefit of the city, in a form approved by the city, that such owner or owners will continue to maintain such parking space so long as the building, structure or improvement is maintained by the owner within the city. The covenant herein required shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the

title to the premises upon which the building is to be erected and that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

(Ord. 775 (part), 2004).

Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the Planning Commission as to size, shape and relationship to the sites to be served. The total of such off-street parking spaces, when used together, shall not be less than the sum required for the various uses computed separately, except as follows:

A.

Where joint use is allowed as set forth under § 16.54.070;

B.

Where the uses utilizing a common parking facility require more than twenty (20) parking spaces, a ten (10) percent reduction in the total number of spaces may be permitted by the Planning Commission.

(Ord. 775 (part), 2004).

16.54.090 - Standards for off-street parking facilities.

Off-street parking facilities shall conform to the following standards:

A.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site in accordance with good engineering standards. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the City Building Official.

B.

Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the City Engineer.

C.

Each parking space shall be not less than twenty (20) feet in length and nine (9) feet in width, exclusive of aisles and access drives, and conform to city standards for parking areas and courts.

D.

Handicap parking spaces required by the California Building Code shall be provided in accordance with such law or regulation.

E.

If the parking area is illuminated, the lighting shall be designed to prevent unreasonable glare to adjoining properties and controlled by such reasonable means as are practical to prevent sky-reflected glare.

F.

No commercial repair work or servicing of vehicles shall be conducted on a parking area.

G.

The parking area, aisles and access drives shall be constructed with a minimum six-inch base and double chip and seal so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to the approval of the City Engineer.

H.

Off-street parking in multifamily developments shall be prohibited in all required front yards and in the outer one half of required side and rear yards.

I.

Off-street parking area, insofar as possible, shall be screened from view of abutting properties by use of fences, walks, hedges or appropriate plant materials.

J.

When ten (10) or more spaces are required by this chapter, twenty-five (25) percent of the required space may be compact car spaces. A compact car space shall have a minimum size of eight and one-half (8 ½) feet in width and sixteen (16) feet in length.

(Ord. 775 (part), 2004).

In all districts, every building or part thereof hereafter erected and having a gross floor area of five thousand (5,000) square feet or more, with a use requiring the receipt or distribution by vehicles of significant amounts of materials or merchandise, there shall be provided and maintained, on the same parcel with such building, at least one off-street loading space, plus one additional off-street loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area. It is the intent of this section to apply to those uses which might reasonably be expected to create a traffic or public safety problem without provision being made for onsite loading and unloading facilities. No off-street loading space shall be required where buildings c an be served by a public alley.

(Ord. 775 (part), 2004).

Off-street loading facilities provided in compliance with § 16.54.100 shall conform with the following standards:

A.

Each loading berth shall be of a length and width, and shall have an overhead clearance sufficient to accommodate the size of the vehicles used in loading or unloading operations.

B.

Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

C.

Entrances and exits shall be provided at locations approved by the City Engineer.

D.

The loading area, access drives and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to approval of the City Engineer.

E.

Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the City Engineer.

F.

If the loading area is illuminated, lighting shall be deflected away from abutting properties so as not to cause annoying glare to such properties.

G.

A loading area shall not be located in a required front yard. A loading area may be located in a required side or rear yard.

H.

No commercial repair work or servicing of vehicles shall be conducted in an off-street loading area.

(Ord. 775 (part), 2004).

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.54.120, which pertained to effect of chapter on existing uses and derived from Ord. 775 (part), adopted 2004.

No off-street parking facilities or off-street loading facility provided for a use of land or structures in compliance with this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter.

(Ord. 775 (part), 2004).

A.

The Planning Commission may waive all or a portion of the number of parking spaces required by this chapter on the following terms and conditions:

1.

A finding by the Planning Commission that such waiver of on-site parking requirements would not be detrimental to the public health, safety and welfare; and

2.

A finding by the Planning Commission as to any new construction or enlargement of an existing structure, that the lot size or lot utilization does not provide sufficient area to reasonably provide the required spaces; and

3.

Finding that the property is located within five hundred (500) feet from an existing city owned parking facility open to the general public, measured by the shortest route of pedestrian access, and

4.

Payment by the owner of the property or the applicant to the city of a fee determined by resolution of the City Council to be the average cost of providing public parking for each parking space waived by the Planning Commission. Such cost shall include the average cost per square foot of real estate in downtown commercial areas plus the cost of installation and pavin g of a parking space of one hundred eighty (180) square feet, together with a proportionate share of the cost of access aisles and landscaping. All fees received by city pursuant to this section shall be deposited into a parking expansion fund and used exclusively for expanding offstreet public parking facilities.

B.

The Planning Commission may modify the standards as required by this section if:

1.

A finding is made by the Planning Commission that such modification of these requirements would not be detrimental to the public health, safety and welfare of the citizens of the City of Yreka.

2.

That application of the standards as required would create an unreasonable hardship due to the limitations of the site and consistency with existing development in the area.

(Ord. 775 (part), 2004).

Chapter 16.56 - WATER CHANNELS

Sections:

The purpose of this chapter is to provide for the orderly development of water channels within the city so as to prevent destruction to property by flooding and impose regulations so as to maintain the quality of waters carried in water channels throughout the city.

(Ord. 775 (part), 2004).

A.

"Excavation" as used in this chapter means to remove from any water channel any sand, rock, gravel, vegetation, debris or other similar material.

B.

"Fill" as used in this chapter means to place in any water channel any material, riprap or physical obstruction whatsoever.

C.

"Liquid waste" as used in this chapter means any liquid other than water, or any water of a business or residential use which contains any matter other than that which would in the same concentration be found in any natural surface drainage.

D.

"Stream diversion" means to physically alter a water channel other than which is natural to the characteristics of the water channel, or in the case of manmade water channels, to physically alter any such water channel after the effective date of this chapter.

E.

"Water channel" as used in this chapter means Yreka Creek, Greenhorn Creek and Humbug Creek and the area on each side of the thread of such creek. The watercourse shall be forty-five (45) feet wide centered on the thread of Yreka Creek and Greenhorn Creek and thirty-five (35) feet in width centered on the thread of Humbug Creek.

(Ord. 775 (part), 2004).

No person shall alter, fill, excavate, divert, remove vegetation from, or place any obstruction in or upon any water channel within the city, or permit liquid waste to enter a water channel, without first obtaining a

permit from the planning director. In granting or denying a permit pursuant to this chapter, the planning director shall consider the effects of such filling, excavation, vegetation removal, construction or diversion as it may affect water quality of the water channel, or any other water channel within the city, bank erosion, and the increase or decrease in the hazard from flooding created by such project. In the event the planning director denies such application for a permit or imposes conditions unacceptable to the applicant, the applicant may appeal the decision pursuant to Section 16.14.020. Any permit issued pursuant to this chapter shall not relieve the applicant from obtaining other permits as may be required by law.

(Ord. 775 (part), 2004).

Nothing herein shall be construed to prevent any person from exercising such rights as may exist at law for the protection of one's person and property in the event of floods or other imminent peril.

(Ord. 775 (part), 2004).

16.56.050 - Nuisance.

Any violation of this chapter shall constitute a public nuisance.

(Ord. 775 (part), 2004).

Chapter 16.57 - REZONING AND ZONING TEXT AMENDMENT PROCEDURE

Sections:

The provisions of this chapter shall be known as the rezoning and zoning text amendment procedure. The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of the zoning regulations and in the application thereof to specific properties. This procedure shall apply to all proposals to rezone property, to change the text of the zoning regulations, or to establish, amend, or delete any development control map.

(Ord. No. 869, § 1, 6-7-2022)

Action by the city council to rezone any property, change the text of any provision of the zoning regulations, or establish, amend, or delete any development control map, not previously considered by the planning commission shall first be referred to the planning commission for its report and recommendation.

(Ord. No. 869, § 1, 6-7-2022)

(a)

Private party initiation. The owner of any property, or their authorized agent, may make application to the planning commission to rezone such property, to amend or delete any development control map applicable thereto by fully completing the forms provided by the planning department, signed by the legal owner(s) of property affected by the proposed amendment, and shall include the filing fee set by the city.

(b)

Agency initiation. The planning commission may, and upon request of the city council shall, initiate action to rezone or reclassify any property, to change the text of the zoning regulations, or to establish, amend, or delete any development control map. The action may also be initiated by the planning director. Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the commission for the rezoning or other change. A city council or planning commission initiated process is exempt from Section 16.57.040.

(Ord. No. 869, § 1, 6-7-2022)

16.57.040 - Application and review process.

(a)

Application checklist. The application submittal shall contain all of the materials required by the rezoning/zoning text amendment checklist. The rezoning/zoning text amendment checklist shall be developed and maintained by the planning department.

(b)

Application fee. A rezoning/zoning text amendment application fee shall be paid at the time of application submission to the planning department. The variance application fee shall be set by city council resolution.

(c)

The application shall be submitted to the planning department for review. The planning department shall have thirty calendar days to review the application:

(1)

If the planning department determines that the application is incomplete, the department will notify the applicant of the application's deficiencies. The applicant will have a maximum of ninety calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction of the application, the application process is deemed to have lapsed at the expiration of the ninetieth day.

(2)

Whenever the planning department determines that an application is complete, the potential action will be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the planning department will schedule a public hearing with the planning commission.

(Ord. No. 869, § 1, 6-7-2022)

A public hearing by the planning commission shall be held and noticed in compliance with Government Code §§ 65090 through 65096.

(Ord. No. 869, § 1, 6-7-2022)

16.57.060 - Planning commission action on private party application.

(a)

The commission shall approve, modify, condition, or disapprove an application following its consideration whether the existing zone or regulations are inadequate or otherwise contrary to the public interest, and may approve, modify, or disapprove the application.

(b)

The planning commission may recommend reasonable conditions on the approval of any rezoning for the purposes of ensuring consistency of the proposed zoning with the general plan, mitigating environmental impacts, minimizing functional conflicts with surrounding land uses, or any other purpose that is determined to protect the public health, safety, or general welfare. Conditions imposed on a rezoning pursuant to this section may include, but shall not be limited to, dedication of additional road rights-of-way and requirements for participation in the cost of public improvements, reasonably related to the land uses that would be allowed by the proposed zoning, and limitations on the type and nature of land uses allowed in the new zone district.

(c)

In the event of approval or modified approval, the planning director on behalf of the planning commission shall submit a written report conveying the commission's recommendation on the application to the city council giving reasons for the recommendation and the relationship of the proposed amendment to affected elements of the general plan and any affected community or specific plans.

(Ord. No. 869, § 1, 6-7-2022)

16.57.070 - City council action on private party application.

The city council shall hold a public hearing in the same manner specified in Section 16.57.050 following the planning commission's recommendation for approval or modified approval of the application. The city council shall introduce, and exercise its discretion to adopt, modify, condition, or reject the proposed ordinance.

(Ord. No. 869, § 1, 6-7-2022)

In case the applicant or other affected are not satisfied with the action of the planning commission they may, within ten calendar days after the rendition of the decision thereon by the commission, appeal in

writing to the city council pursuant Section 16.14.030.

(Ord. No. 869, § 1, 6-7-2022)

Chapter 16.58 - VARIANCES[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 870, § 1, adopted June 7, 2022, amended Ch. 16.58 in its entirety to read as herein set out. Former Ch. 16.58, pertained to similar subject matter, and derived from Ord. 775 (part), adopted 2004.

The variance is established to permit modification of development standards as they apply to particular development when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the zoning code, develop through the strict literal interpretation and enforcement of such provisions. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

(Ord. No. 870, § 1, 6-7-2022)

(a)

A variance may be granted by the planning commission to permit modification of the following where mandated by this Title 16:

(1)

Building line setbacks, yards, open space, and buffer areas.

(2)

Height, lot coverage, density, and bulk regulations.

(3)

Off-street parking spaces, maneuvering areas and driveway width, and paving standards.

(4)

Landscaping requirements.

(5)

Wall, fencing, and screening requirements.

(6)

Street and highway dedication and improvement standards.

(7)

Lot area and width requirements.

(8)

Operating conditions such as hours or days of operation, number of employees, and equipment limitations.

(9)

Sign regulations other than outdoor advertising.

(10)

Distance-separation requirements.

(b)

Any variance granted shall be subject to such conditions as will assure that the adjustment 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 property is situated.

(c)

A variance shall not be granted for a parcel of property that authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

(Ord. No. 870, § 1, 6-7-2022)

(a)

Application checklist. The application submittal shall contain all of the materials and information as required by the variance checklist.

(b)

Application fee. The city's variance application fee shall be paid at the time of application submission to the planning department. The variance application fee shall be set by city council resolution.

(c)

The applicant shall submit the variance application to the planning department. The planning department shall have thirty calendar days to review the application and provide notice to the applicant whether the application is complete or requires additional information:

(1)

If the planning department determines that the application is incomplete, the department shall notify the applicant of the application's deficiencies. The applicant will have a maximum of ninety calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction, the application process is deemed to have lapsed at the expiration of the ninetieth day.

(2)

If the planning department determines that the application is complete, the proposed variance shall be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the planning department shall schedule a public hearing with the planning commission no more than fifteen days after completing environmental compliance.

(Ord. No. 870, § 1, 6-7-2022)

A public hearing by the planning commission shall be held and noticed in compliance with Government Code §§ 65090 through 65096.

(Ord. No. 870, § 1, 6-7-2022)

(a)

In order to grant any variance, the findings of the planning commission shall be:

(1)

Because of special circumstances or exceptional characteristics applicable to the property, the strict application of the city code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(2)

The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

(3)

Strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards.

(4)

Such adjustment will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity.

(Ord. No. 870, § 1, 6-7-2022)

(a)

The commission may impose conditions to ensure that the approval will be in accordance with the findings required in Section 16.58.050. Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested.

(b)

The application may be approved contingent upon compliance with applicable provisions of other ordinances and any other federal, state, or county requirements.

(Ord. No. 870, § 1, 6-7-2022)

(a)

If a variance is not exercised, used, or established within one year of its grant or the time otherwise specified in the permit, the variance automatically expires. A variance is considered to be exercise, used, or established when, within one year of its grant or within the time otherwise specified in it, a building permit is issued for the purpose and location described in it. If no building permit is required to establish the variance, use, or other matter granted, then the permit is considered to be exercised, used, or established when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.

(b)

A variance or modification shall be revoked if the planning commission finds that one or more of the following conditions exists:

(1)

The variance or modification was obtained in a fraudulent manner;

(2)

The use for which the variance or modification was granted had ceased or was suspended for six or more successive calendar months;

(3)

The variance or modification is being, or has been, exercised contrary to any conditions of approval imposed upon such permit;

(4)

The variance or modification is being, or has been, exercised in violation of any law;

(5)

That the use for which the variance or modification was granted is being exercised so as to be detrimental to the public health or safety or so as to constitute a nuisance.

(c)

The planning commission, on its own motion, may, or upon direction of the city council, shall hold a public hearing upon the question of revocation of a variance or modification granted. Notice of such hearing shall be noticed in compliance with Government Code §§ 65090 through 65096. The city shall bear the burden of proving grounds for revocation. The permittee may at such hearing add any relevant evidence or testimony in opposition to the proposed revocation. If the planning commission finds that grounds for revocation exist, it may revoke the variance or impose conditions to its continuance. The planning commission shall render a written decision within thirty days of said public hearing and include findings of fact in the event the permit is revoked. The decision of the planning commission may be appealed as provided in Section 16.14.030.

(Ord. No. 870, § 1, 6-7-2022)

16.58.080 - Variances within any historic district, landmark, or landmark site.

Any application for a variance required or permitted pursuant to the terms of this title which relates to any real property located within a historic district, landmark, or landmark site established pursuant to Title 17 of the Yreka Municipal Code, shall first be reviewed and considered by the historic district and landmarks commission prior to consideration thereof by the planning commission.

(Ord. No. 870, § 1, 6-7-2022)

In case the applicant or other affected are not satisfied with the action of the planning commission they may, within ten calendar days after the rendition of the decision thereon by the commission, appeal in writing to the city council pursuant Section 16.14.030.

(Ord. No. 870, § 1, 6-7-2022)

A request for changes in conditions of approval of a variance or a change of site plans that would affect a condition of approval shall be treated as a new application, except those changes determined to be minor, in the opinion of the planning director, may be approved administratively by the director.

(Ord. No. 870, § 1, 6-7-2022)

Chapter 16.59 - NONCONFORMING LOTS, USES, AND STRUCTURES

Sections:

(a)

This chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures. More specifically, an intent of this chapter is to:

(1)

Limit the number and extent of nonconforming structure by prohibiting their relocation, alteration, or enlargement in a manner that would increase the non-conformity; and

(2)

Prohibit restoration of non-conforming uses and structure after destruction.

(3)

Prohibiting the non-conforming use whenever the non-conforming use ceases for a period of at least twelve calendar months.

(b)

It is also intended to provide direction and guidance for the recognition of legally existing nonconforming uses, lots, and structures. Within the zoning districts established by zoning ordinance, structures, lots, and land uses exist that were lawful prior to the adoption or amendment of the zoning ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this title or future amendments. It is the intent of this chapter to encourage the eventual conversion of these uses, lots, and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established.

(Ord. No. 868, § 1, 6-7-2022)

(a)

A use lawfully occupying a structure or a site, that does not conform with the present use regulations or the performance standards for the zone in which the use is located shall be deemed to be a non-conforming use and may be continued, except as otherwise provided in this chapter.

(b)

A non-conforming use may be enlarged or extended only within the structure in which the non-conforming use exists, provided no structural alterations, except those required by law are made.

(c)

A non-conforming use which fails to meet state and local laws, ordinances, and regulations applicable to the zone in which it is located shall not be enlarged or extended or have equipment replaced that results in failure to meet then applicable requirements unless the enlargement, extension, or replacement will result in elimination of nonconformity with those applicable requirements.

(d)

Whenever a nonconforming use has been discontinued for a continuous period of twelve or more, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use unless the planning director is notified in writing of the intent to resume and has approved a schedule for resumption of said use.

(e)

Whenever a nonconforming use has been changed to a conforming use, the nonconforming use shall not be re-established.

(Ord. No. 868, § 1, 6-7-2022)

16.59.030 - Nonconforming lots.

Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the county assessor's office may be used for the purposes permitted by this title notwithstanding the minimum lot area, lot width and lot depth required.

(Ord. No. 868, § 1, 6-7-2022)

16.59.040 - Nonconforming structures and buildings.

(a)

A structure, lawfully occupying a site, that does not conform with the current property development standards for front yard, side wards, rear yard, height, coverage, or distances between structure, for the zone in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained, except as otherwise provided in this chapter.

(b)

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a non-conforming structure.

(c)

A structure, the use of which is non-conforming, shall not be moved, altered, enlarged, or extended unless required by law, or unless the moving, alteration, extension, or enlargement will result in the elimination of the nonconformity, except as permitted in this chapter. However, the alteration or expansion of the nonconforming use may be granted through the conditional use permit process as provided in Chapter 16.44

YMC. This provision shall not require a conditional use permit to alter dwelling units to achieve compliance with city, state, and federal regulations intended to create and maintain equitable housing (such as the Americans with Disabilities Act).

(d)

If moved, the structure shall be made to conform to current local, state, and federal codes.

(e)

Whenever a structure which does not comply with the then applicable property development standards for front yard, side yards, rear yard, heigh of structures, or distances between structures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire, or other calamity, by the act of god, or by the public enemy to the extent of fifty percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty percent or the structure is voluntary razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located, and the nonconforming use shall not be resumed.

(f)

Nonconforming site improvements (not including structure). Where an existing site improvement (landscaping, parking lot layout, etc.) is nonconforming with the current regulations related to such, nothing in this section shall prohibit minor site improvements that result in the reduction of this nonconformity.

(Ord. No. 868, § 1, 6-7-2022)

16.59.050 - Exemptions.

(a)

Equitable housing exemption. Any existing nonconforming building or structure that is rehabilitated under a housing rehabilitation program for the benefit of low-income persons may be repaired, reconstructed, or structurally altered without being brought into full compliance with the regulations set forth in this code with regard to setbacks, off-street parking, and street improvements so long as the footprint of the existing building is not expanded.

(b)

Agriculture, timber, and mineral production exemption. Nonconforming agriculture, timber production, and mineral resource production uses are exempt from conforming to current zoning regulations, unless the use is abandoned for more than twenty-four consecutive calendar months.

(Ord. No. 868, § 1, 6-7-2022)

16.59.060 - Illegally existing nonconforming uses, lots, and structures.

Uses of land, lots, or structures that were created in violation of the Yreka Municipal Code, state law, federal law, zoning ordinance, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations and illegally existing. The land use must be brought into conformance with the standards of this code, not the code in effect at the time the use was illegally initiated.

(Ord. No. 868, § 1, 6-7-2022)

Chapter 16.60 - PLANNED UNIT DEVELOPMENTS

Sections:

A.

Planned unit developments, involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this title.

B.

In certain instances, the objectives of this title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this title. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design.

C.

In order to provide locations for such wellplanned developments, the Planning Commission is empowered to grant conditional use permits for planned unit developments, subject to review by the City Council, provided that such dev elopments comply with the regulations prescribed in this chapter.

(Ord. 775 (part), 2004).

A planned unit development may be located in any district upon the granting of a conditional use permit in accordance with the provisions of this chapter.

(Ord. 775 (part), 2004).

Permitted uses in a planned unit development are as follows:

A.

Those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located; or:

B.

Any use permitted in an R or C district as permitted use or a conditional use, or any combination of such uses may be included in a planned unit development located either in an R or C district; or

C.

Any use permitted in any C or M-1 district, as a permitted use or conditional use, or any combination of such uses may be located in a planned unit development located in either a C or M-1 district.

(Ord. 775 (part), 2004).

The minimum site area for a planned unit development shall be five (5) acres.

(Ord. 775 (part), 2004).

A.

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, offstreet parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the planned unit development is located if the applicant has demonstrated, by his design proposal, that the objectives of this title and the objectives of this chapter will be achieved.

B.

The average density per net acre may not exceed the maximum housing density prescribed for the site by the zone district in which the planned unit development is to be located unless the applicant can demonstrate, by his design proposal and such additional evidence as may be submitted, that the objectives of this chapter will be achieved. However in no instance shall the maximum density permitted by the applicable General Plan designation be exceeded. Since planned unit developments may also involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve the desired goals.

(Ord. 775 (part), 2004).

No use shall be permitted which is found by the Planning Commission to be reasonably objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illuminations, glare, unsightliness, vehicle traffic, or to involve any hazard of fire or explosion.

(Ord. 775 (part), 2004).

The regulations prescribed in Chapter 16.44 shall control the procedure for making application for and processing of a conditional use permit for a planned unit development, subject to the following exceptions:

A.

The application shall be accompanied by a development plan of the entire planned unit development, drawn to scale and showing the contours of the site in intervals of not more than five (5) feet and provisions for: draining of surface waters; watercourses; railroad and public utility rights-of-way; streets; driveways and pedestrian walks; offstreet parking and loading facilities; reservations and dedications for public uses; private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

B.

In addition to the data prescribed in Chapter 16.44 and paragraph A of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

C.

When a planned unit development involves proposals which necessitate the filing of a tentative subdivision map and/or which would also necessitate the granting of exceptions of the regulations of the subdivision ordinance, the Planning Commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of paragraphs A and B of this section may be waived temporarily, provided the applicant submits the following:

1.

In lieu of the drawing of the site prescribed in paragraph A of this section, the application shall be accompanied by a schematic drawing, drawn to a minimum scale of one inch equals one hundred (100) feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features,

2.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per acre and per gross acre contemplated by the applicant.

3.

Upon approval of the tentative subdivision map in accordance with the procedures prescribed by Title 15, the applicant shall submit a detailed development plan in accordance with the requirements of paragraphs

A and B of this section before the Planning Commission may grant a final approval of the applicant's proposal.

D.

The Planning Commission may grant a conditional use permit for a planned unit development as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission makes the following findings:

1.

That the proposed location of the planned unit development is in accordance with the objectives of this title;

2.

That the proposed location of the planned unit development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

3.

That the proposed planned unit development will comply with each of the applicable provisions of this chapter;

4.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of this title;

5.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and offstreet parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities;

6.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity;

7.

That the proposed planned development is consistent with the General Plan.

E.

The Planning Commission may also deny an application for a conditional use permit for a planned unit development, noting in the record the findings supporting such denial.

F.

At the first regular City Council meeting held more than ten (10) days after a decision on a conditional use permit application by the Planning Commission, the City Council shall review the decision. The City Council may affirm, reverse or modify a decision of the Planning Commission on an application for a use permit for a planned unit development, provided that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the City Council shall, on the basis of the record transmitted by the Planning Commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit for a planned unit development prescribed in paragraph D of this section.

(Ord. 775 (part), 2004).

Chapter 16.64 - AMENDMENTS

Sections:

Any amendment to this title which changes any property from one zone to another or imposes any regulations set forth in Government Code § 65850 not theretofore imposed or removes or modifies any such regulation herein imposed shall be adopted in the manner set forth in this chapter. Any other amendment to this title may be adopted as other ordinances are adopted.

(Ord. 775 (part), 2004).

Any such amendment, may be initiated by:

A.

The verified petition of one or more owner of the property affected by the proposed amendment, which petition shall be accompanied by a fee set by resolution of the City Council ; or

B.

Resolution of intention by the City Council; or

C.

Resolution of intention by the Planning Commission.

(Ord. 775 (part), 2004).

16.64.030 - Planning Commission public hearings.

The Planning Commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Government Code § 65090 and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Government Code § 65091.

(Ord. 775 (part), 2004).

After the hearing, the Planning Commission shall render its decision in the form of a written recommendation to the City Council including the relationship of the proposed amendment to applicable general and specific plans.

(Ord. 775 (part), 2004).

A.

Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. However, if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council shall not be required to take any further action on the amendment unless otherwise provided by ordinance or unless an interested party requests a hearing by filing a written request with the clerk of the City Council within five (5) days after the Planning Commission files its recommendations with the City Council.

B.

Notice of the hearing shall be given pursuant to Government Code § 65090.

(Ord. 775 (part), 2004).

The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.

(Ord. 775 (part), 2004).

Chapter 16.72 - SURFACE MINING AND RECLAMATION

Sections:

The City of Yreka recognizes that the extraction of minerals is essential to the continued economic wellbeing of the City of Yreka and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The City of Yreka also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that:

A.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses;

B.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment;

C.

Residual hazards to the public health and safety are eliminated.

(Ord. 775 (part), 2004).

The definitions set forth in this section shall govern the construction of this chapter.

A.

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

B.

"Area of statewide significance" means an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for

minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

C.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

D.

"Compatible land uses" means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

E.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

F.

"Idle" means surface mining operation s curtailed for a period of one year or more, by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

G.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

H.

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

I.

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

J.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

K.

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

L.

"Streambed skimming" means excavation of sand and gravel from streambed deposits above the mean summer water level or stream bottom, whichever is higher.

M.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of the same).

(Ord. 775 (part), 2004).

The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and state regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Ord. 775 (part), 2004).

Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the City of Yreka. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City of Yreka, including but not limited to, the application of CEQA, the requirements of site approvals or other permits, the payment of development

impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the City of Yreka, public and private.

This chapter shall not apply to the following activities, subject to the above-referenced exceptions:

A.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;

B.

On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, Section 21000 et seq.),

2.

The City of Yreka's approval of the construction project including consideration of the on -site excavation and on-site earthmoving activities pursuant to CEQA,

3.

The approved construction project is consistent with the general plan or zoning of the site,

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued;

C.

Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined minerals, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial or commercial uses in the City of Yreka's general plan,

2.

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the City of Yreka.

3.

None of the minerals being processed are being extracted on-site,

4.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976;

D.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less;

E.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose;

F.

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances;

G.

The solar evaporation of sea water or bay water for the production of salt and related minerals;

H.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies;

I.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to on-site excavation or grading that occurs within one hundred (100) feet of a Class One watercourse or seventy-five (75) feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

(Ord. 775 (part), 2004).

A.

Applications for a site approval or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. The application shall be filed in accord with this chapter and procedures to be established by the Planning Director. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the Planning Director. As many copies of the site approval application as may be required by the Planning Director shall be submitted to the Planning Department.

B.

As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for site approvals for surface mining operations. For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the City of Yreka at one time.

C.

Applications shall include all required environmental review forms and information prescribed by the Planning Director.

D.

Upon completion of the environmental review procedure and filing of all documents required by the Planning Director, consideration of the site approval or reclamation plan for the proposed or existing surface mine shall be completed pursuant to Title 19 of the Yreka Municipal Code at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Cod e.

E.

Within thirty (30) days of acceptance of an application for a site approval for surface mining operations and/or a reclamation plan as complete, the Planning Department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify the State Department of Transportation that the application has been received.

F.

The Planning Department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the City of Yreka

environmental review guidelines.

G.

Subsequent to the appropriate environmental review, the Planning Department shall prepare a staff report with recommendations for consideration by the Planning Commission.

H.

The Planning Commission shall hold at least one noticed public hearing on the site approval and/or reclamation plan.

I.

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the Planning Commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The Planning Commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a site approval is being processed concurrently with the reclamation plan, the Planning Commission may simultaneously also conceptually approve the site approval. However, the Planning Commission may defer action on the site approval until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the site approval with the condition that the Planning Department shall not issue the site approval for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances. Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The Planning Commission shall evaluate written comments received if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.

J.

The Planning Commission shall then take action to approve, conditionally approve, or deny the site approval and/or reclamation plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

K.

The Planning Department shall forward a copy of each approved site approval for mining operation and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1 of each year, the Planning Department shall submit to the State Department of

Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Ord. 775 (part), 2004).

A.

All reclamation plans shall comply with the provisions of SMARA (Section 2772 and Section 2773) and state regulations (CCR Sections 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700—3713).

B.

The City of Yreka may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of citywide performance standards.

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the City of Yreka. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: (1) the beginning and expected ending dates for each phase; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation.

(Ord. 775 (part), 2004).

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. The statement shall be kept by the Planning Department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record.

(Ord. 775 (part), 2004).

A.

Site Approvals. In addition to any findings required by the City of Yreka Municipal Code, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA

and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Section 2772 and Section 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 35003505, and Section 3700—3713);

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the City of Yreka's general plan and any applicable resource plan or element;

4.

That the reclamation plan has been reviewed pursuant to CEQA and the City of Yreka's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

5.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values;

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan;

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the City of Yreka's position is at variance with the recommendations and objections raised by the State Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted.

(Ord. 775 (part), 2004).

A.

To ensure that reclamation will proceed in accordance with the approv ed reclamation plan, the City of Yreka shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the State Mining and Geology Board as specified in state regulations, and which the City of Yreka reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the City of Yreka and the State Department of Conservation.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to; revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the Planning Department for review and approval prior to the operator securing financial assurances. The Planning Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City of Yreka has reason to determine that additional costs may be incurred. The planning director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D.

The amount of financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City of Yreka or State

Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

(Ord. 775 (part), 2004).

16.72.100 - Interim management plans.

A.

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the Planning Department a proposed Interim Management Plan ("IMP"). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all site approval conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

B.

Financial assurances for idle operations shall be maintained as though the operation were active.

C.

Upon receipt of a complete proposed IMP, the Planning Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty (30) days prior to approval by the Planning Commission.

D.

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within sixty (60) days of receipt. If the Planning Commission denies the revised IMP, the operator may appeal that action to the City Council.

E.

The IMP may remain in effect for a period not to exceed five (5) years, at which time the Planning Commission may renew the IMP for another period not to exceed five (5) years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(Ord. 775 (part), 2004).

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the City of Yreka Planning Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

(Ord. 775 (part), 2004).

The Planning Department shall arrange for inspection of a surface mining operation within six (6) months of receipt of the annual report required in § 16.72.110, to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. Such inspections may be made by a state registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the Planning Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Planning Department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that the inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation to the mining operator. The operation shall be solely responsible for the reasonable cost of such inspection.

(Ord. 775 (part), 2004).

16.72.130 - Violations and penalties.

If the Planning Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable site approval, any required permit and/or the reclamation plan, the City of Yreka shall follow the procedures set forth in Public Resources Code Section 2774.1 and Section 2774.2 concerning violations and penalties. The applicant shall be placed on the Planning Commission agenda for hearing at the earliest convenient date but not later than thirty (30) days from receipt of the appeal. The Planning Commission shall render its decision within thirty (30) days of the conclusion of the hearing. The Planning Commission may reverse, set aside, affirm, amend or modify the action of the Planning Director or may render the matter back to the Planning Director for further study or action. The decision of the Planning Commission shall be final.

(Ord. 775 (part), 2004).

Any person aggrieved by an act or determination of the Planning Department in the exercise of the authority granted herein, shall have the right to appeal to the Planning Commission or the City Council whichever is the next higher authority. An appeal shall be filed on forms provided, within fifteen (15) calendar days after the rendition, in writing, of the appealed decision.

(Ord. 775 (part), 2004).

The City of Yreka shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the City of Yreka, at the time of filing of the site approval application, reclamation plan application, and at such other times as are determined by the City of Yreka to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

(Ord. 775 (part), 2004).

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the City of Yreka General Plan.

In accordance with PRC Section 2762, the City of Yreka General Plan and resource maps will be prepared to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use decisions within the City of Yreka will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources

within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

(Ord. 775 (part), 2004).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 775 (part), 2004).

Chapter 16.78 - AFFORDABLE HOUSING INCENTIVES/RESIDENTIAL DENSITY BONUSES

The purpose of providing a housing density bonus or incentives is to contribute to the economic feasibility of low income and moderate income housing in housing developments proposed within the City.

(Ord. No. 837, § 1, 5-1-2014)

When a developer enters into an agreement pursuant to Government Code Section 65915 consisting of at least one of the following:

A.

Five percent of units restricted to very low-income households; or

B.

Ten percent of the total units of a housing development restricted to low-income households; or

C.

Ten percent of the total for-sale of a common interest housing development restricted to moderate-income households; or

D.

The project donates at least one acre of land with the appropriate general plan, zoning, permitting, and approvals and access to public facilities needed for such housing to the city for very low-income units; or

E.

The project is restricted to seniors.

The developer shall be eligible for housing density bonuses and incentives as listed in Government Code Section 65915.

(Ord. No. 837, § 1, 5-1-2014)

Any person requesting a housing density bonus, incentives, or concessions shall apply for a development agreement. A housing density bonus, incentives, or concessions shall be granted by approval of the development agreement which shall specify the density bonus and/or incentives, and any conditions attached to the approval of such bonus, incentive and/or concession.

(Ord. No. 837, § 1, 5-1-2014)

Prior to Council action on a development agreement providing a housing density bonus or incentives, the Commission, if applicable, shall consider the development agreement and make a recommendation to the Council.

(Ord. No. 837, § 1, 5-1-2014)

The project developer may specify the requested housing density bonus or incentives; however, the City may agree to provide a housing density bonus or incentives other than those requested, so long as such housing density bonus or incentives meet the requirement set forth in the California Government Code.

(Ord. No. 837, § 1, 5-1-2014)

Chapter 16.100 - CANNABIS FACILITY REGULATION[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 885, § 3, adopted Oct. 21, 2025, amended Ch. 16.100 in its entirety to read as herein set out. Former Ch. 16.100, § 16.100.010, pertained to similar subject matter, and derived from Ord. 817, adopted Oct. 6, 2011.

16.100.010 - Cannabis facility regulation.

A.

Definitions

a.

All definitions in Section 5.30.020 shall apply in this chapter as if stated herein.

B.

Allowed uses:

a.

Medicinal non-storefront retailer (delivery only)

C.

Allowed Zones:

a.

C2, CH, and M1 zones only, not within any historic district

D.

Prohibited uses:

a.

All other commercial cannabis activity.

b.

Medicinal non-storefront retailer (delivery only), outside of C2, CH, and M1 zones, or within any historic district regardless of zoning.

E.

Regulation of allowed uses:

a.

All commercial cannabis activity shall comply with regulations set in Chapter 5.30 "Cannabis Business Activities."

b.

All commercial cannabis activity shall comply with regulations set in Chapter 16.46 regarding outdoor lighting, fencing and height limits.

c.

Prefabricated exterior storage containers or truck trailers shall not be permitted for cannabis business activities.

Ord. No. 885, § 3, 10-21-2025)