Part II — ZONE DISTRICTS

Article 5. - One-Family Residence Districts (R-1)

Sec. 8-5.501. - Purpose.

To provide areas for the low density residential neighborhoods that have adequate services and amenities which will support a desirable and stable living environment. The R-1 District is consistent with the Low Density Residential General Plan designation.

(§ 8-5.501, Ord. 010-94, eff. January 5, 1995)

(1)

See Section 8-5.7001 for review process explanation.

(2)

See Section 8-5.7002 for review process explanation.

(3)

See Section 8-5.7003 for review process explanation.

(4)

Notwithstanding anything indicating otherwise in this Table, this use is prohibited on a parcel that was created by an urban lot split, pursuant to Article 16 (Urban Lot Splits) of Chapter 2 of Title 8 of this Code.

(5)

Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 8-5.5005(b)(3).

(§ 8-5.502, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 009-03, eff. July 17, 2003; § 1, Ord. 015-10, eff. December 16, 2010; Ord. No. 006-22, § 5, 3-15-2022; Ord. No. 010-24, § 6, 11-19-2024)

Sec. 8-5.503. - Development standards.

(§ 8-5.503, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 08-99, eff. July 1, 1999; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 6. - Two-Family Residence District (R-2)

Sec. 8-5.601. - Purpose.

To provide housing in a similar atmosphere as in the R-1 District but that also provides for the lowest density of attached residences. This district is consistent with the Low Density Residential and Medium Density Residential General Plan designations.

(§ 8-5.601, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.602. - Uses.

(1)

See Section 8-5.7001 for review process explanation.

(2)

See Section 8-5.7002 for review process explanation.

(3)

See Section 8-5.7003 for review process explanation.

(§ 8-5.602, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 04-97, eff. December 4, 1997; § 2, Ord. 015-10, eff. December 16, 2010; Ord. No. 006-22, § 6, 3-15-2022; Ord. No. 010-24, § 7, 11-19-2024)

Sec. 8-5.603. - Development standards.

(§ 8-5.603, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 08-99, eff. July 1, 1999; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 7. - Multiple-Family Residence District (R-3)

Sec. 8-5.701. - Purpose.

To provide for the highest density residential uses in appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple-family residences.

The R-3 District is consistent with the Medium Density Residential and High Density Residential General Plan designations.

(§ 8-5.701, Ord. 010-94, eff. January 5, 1995)

(1)

See Section 8-5.7001 for review process explanation.

(2)

See Section 8-5.7002 for review process explanation.

(3)

See Section 8-5.7003 for review process explanation.

(§ 8-5.702, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 04-97, eff. December 4, 1997; § 3, Ord. 015-10, eff. December 16, 2010; Ord. No. 006-22, § 7, 3-15-2022; Ord. No. 010-24, § 8, 11-19-2024)

(1)

Open space/recreation area criteria:

a.

To qualify as open space an area must be a minimum of 6 ft. by 10 ft. located between the required front yard, street side yard and rear property line.

b.

Areas that may be included are private or common balconies, patios or decks; recreation rooms, roof areas designed to accommodate recreation or leisure activities, swimming pool/spa areas, other types of recreation or leisure area, landscaped areas.

c.

Areas that do not qualify are front and street side yards, driveways and parking areas and associated required landscaping, clothes drying areas, walkways between buildings and entryways.

d.

At least 20% of the open space/recreation area shall be landscaped, as provided in Section 8-5.6004.

(§ 8-5.703, Ord. 010-94, eff. January 5, 1995; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016) Article 11. - Office Commercial District (C-O)

Sec. 8-5.1101. - Purpose.

To provide for the establishment and concentration of professional and business and administrative offices and business support services normally associated with offices. This district is consistent with the Institutional and Professional, Community Commercial and Regional Commercial General Plan designations.

(§ 8-5.1101, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.1102. - Uses.

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Support services normally associated with offices, including: blue printing and copying, telephone service, pharmacies, cafe and restaurant, day care center, barber and beauty shops.

(4)

Residences are permitted in the C Districts in conjunction with a bona fide business or on upper floors of the same building. If the building is single story then the square footage of the residence shall not exceed the square footage of the building designated as part of the business.

(§ 8-5.1102, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 08-99, eff. July 1, 1999; § 4, Ord. 015-10, eff. December 16, 2010; Ord. No. 010-24, § 9, 11-19-2024)

Sec. 8-5.1103. - Development standards.

(§ 8-5.1103, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 06-01, eff. August 16, 2001); Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 12. - Neighborhood Convenience Commercial District (C-1)

Sec. 8-5.1201. - Purpose.

Intended to provide small commercial areas that cater to the daily convenience shopping and service needs of the surrounding residential neighborhood. The scale and design of buildings within this district must be compatible with the neighboring residential uses. This district is consistent with the Neighborhood Commercial General Plan designation.

(§ 8-5.1201, Ord. 010-94, eff. January 5, 1995)

(1)

The level of review is determined as provided in Section 8-5.7001. Provided the use does not exceed 10,000 square ft. of floor area (3,000 sq. ft. of floor area for a restaurant).

(2)

See Section 8-5.7003 for review process explanation.

(3)

Gasoline sales only when in conjunction with a bona fide retail business. No on-site auto repair allowed.

(4)

Provided it is part of a bona fide commercial use and not a separate rental unit.

(5)

Residences are permitted in the C Districts in conjunction with a bona fide business or on upper floors of the same building. If the building is single story then the square footage of the residence shall not exceed the square footage of the building designated as part of the business.

(§ 8-5.1202, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 08-99, eff. July 1, 1999; § 5, Ord. 015-10, eff. December 16, 2010; Ord. No. 010-24, § 10, 11-19-2024)

Sec. 8-5.1203. - Development standards.

(§ 8-5.1203, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 06-01, eff. August 16, 2001; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 13. - Community Commercial District (C-2)

Sec. 8-5.1301. - Purpose.

To provide for a wide variety of retail sales and personal services that are primarily conducted within a building. The facilities may range from a single building to a neighborhood center with a supermarket as the primary tenant to a community center that may have several major tenants. This district is consistent with the Community Commercial and Regional Commercial General Plan designations.

(§ 8-5.1301, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.1302. - Uses.

The following uses are primarily conducted indoors, except as otherwise provided. Outdoor sales and storage shall be ancillary to the indoor use and shall meet the criteria provided in Section 8-5.5103 of this chapter.

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7002 for review process explanation.

(3)

See Section 8-5.7003 for review process explanation.

(4)

Business conducted primarily outdoors is permitted.

(5)

Provided the operation is located a minimum of 100 ft. from any residential district.

(6)

Provided it is part of a bona fide commercial use and not a separate rental unit.

(7)

Residences are permitted in the C Districts in conjunction with a bona fide business or on upper floors of the same building. If the building is single story then the square footage of the residence shall not exceed the square footage of the building designated as part of the business.

(8)

Nightclub uses shall not be located within 500 ft. of a residential zone district as measured from the residential zone district boundary to the structure where the nightclub use is proposed.

(§ 8-5.1302, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 08-99, eff. July 1, 1999; § 2, Ord. 001-03, eff. March 6, 2003; § 2, Ord. 014-04, eff. October 7, 2004; § 1, Ord. 005-08, eff. June 5, 2008; § 4, Ord. 006-08, eff. September 4, 2008; § 4, Ord. 008-09, eff. August 18, 2009; § 2, Ord. 008-10, eff. September 16, 2010; § 6, Ord. 015-10, eff. December 16, 2010)

Sec. 8-5.1303. - Development standards.

(§ 8-5.1303, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 06-01, eff. August 16, 2001)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 14. - General Commercial District (C-3)

Sec. 8-5.1401. - Purpose.

This district is intended to provide for the entire range of commercial uses. It is consistent with the Community Commercial and Regional Commercial General Plan designations.

(§ 8-5.1401, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.1402. - Uses.

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7002 for review process explanation.

(3)

See Section 8-5.7003 for review process explanation.

(4)

Not included in this category are auto body and paint or radiator shops.

(5)

Provided it is part of a bona fide commercial use and not a separate rental unit.

(6)

Residences are permitted in the C Districts in conjunction with a bona fide business or on upper floors of the same building. If the building is single story then the square footage of the residence shall not exceed the square footage of the building designated as part of the business.

(7)

Nightclub uses shall not be located within 500 ft. of a residential zone district as measured from the residential zone district boundary to the structure where the nightclub use is proposed.

(§ 8-5.1402, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 08-99, eff. July 1, 1999; § 4, Ord. 006-08, eff. September 4, 2008; § 4; Ord. 008-09, eff. August 18, 2009; § 2; Ord. 008-10, eff. September 16, 2010; § 7, Ord. 015-10, eff. December 16, 2010)

Sec. 8-5.1403. - Development standards.

(§ 8-5.1403, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 06-01, eff. August 16, 2001)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 15. - Heavy Commercial/Light Industrial District (C-M)

Sec. 8-5.1501. - Purpose.

This district is for a transition between commercial and industrial areas. This is typically a commercial area with low visibility or the more visible industrial areas. The district provides for selected sales and services that are often considered inappropriate in primary retail areas due to size or operating characteristics, as well as various light industrial type uses. This district is not intended to provide typical retail sales normally found in the retail districts. This district is consistent with the Community Commercial, Regional Commercial and Light Industrial General Plan designations.

(§ 8-5.1501, Ord. 010-94, eff. January 5, 1995)

Warehouse, mini-storage or other storage X buildings or wholesale distribution facilities, except those storing flammable or explosive material

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Provided it is part of a bona fide heavy commercial/light industrial use and not a separate rental unit.

(4)

Office floor area square footage for an existing building shall be limited to the amount of parking available to the subject property.

(§ 8-5.1502, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-07, eff. December 4, 1997; § 1, Ord. 03-00, eff. June 15, 2000; § 1, Ord. 001-05, eff. February 17, 2005; Ord. No. 010-24, § 11, 11-19-2024)

Sec. 8-5.1503. - Development standards.

As provided in Title 6, Chapter 9, Article 6.

Flood standard

(§ 8-5.1503, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 20. - Light Industrial District (M-1)

Sec. 8-5.2001. - Purpose.

To provide suitable areas for low intensity assembly, processing or manufacturing activities, product distribution, and related activities, all of which do not create nuisance or otherwise unacceptable levels of noise, dust, odor, smoke, bright light or vibration. This district is consistent with the Light Industrial and Industrial General Plan designations.

(§ 8-5.2001, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2002. - Uses.

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Maximum retail sales area is limited to 15% of the building square footage with products limited to those created on site.

(4)

Provided it is part of a bona fide industrial use and not a separate rental unit.

(§ 8-5.2002, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 001-05, eff. February 17, 2005; § 1, Ord. 002-10, eff. April 1, 2010; Ord. No. 010-24, § 12, 11-19-2024)

(§ 8-5.2003, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 08-99, eff. July 1, 1999; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 21. - Industrial District (M-2)

Sec. 8-5.2101. - Purpose.

To provide areas for a full range of industrial uses. This district is consistent with the Industrial General Plan designation.

(§ 8-5.2101, Ord. 010-94, eff. January 5, 1995)

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Maximum retail sales area is limited to 15% of the building square footage with products limited to those created on site.

(4)

Provided it is part of a bona fide industrial use and not a separate rental unit.

(§ 8-5.2102, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 06-01, eff. August 16, 2001; § 1, Ord. 001-05, eff. February 17, 2005; § 1, Ord. 002-10, eff. April 1, 2010; § 1, Ord. 009-10, eff. October 7, 2010)

Sec. 8-5.2103. - Development standards.

(§ 8-5.2103, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 08-99, eff. July 1, 1999; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 25. - Agricultural Holding Districts (AH)

Sec. 8-5.2501. - Purpose.

To be applied on an interim basis to rural or undeveloped areas where it is apparent that more intensive suburban or urban development is imminent or will occur when public services become available. This district allows property to be used for agricultural purposes until more intensive development occurs. This district is consistent with all General Plan designations.

(§ 8-5.2501, Ord. 010-94, eff. January 5, 1995)

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7002 for review process explanation.

(3)

See Section 8-5.7003 for review process explanation.

(4)

Temporary facilities for the processing of agricultural products grown on the same property.

(5)

Limited to no more than one large animal per each .5 acre over one acre of lot area, and no more than 12 hen chickens, rabbits and similar small creatures per each .5 acre.

(6)

Temporary stands for the sale of produce grown on the premises.

(§ 8-5.2502, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; Ord. No. 006-22, § 8, 3-15-2022; Ord. No. 010-24, § 13, 11-19-2024)

Sec. 8-5.2503. - Development standards.

(§ 8-5.2503, Ord. 010-94, eff. January 5, 1995; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 26. - Flood District (F)

Sec. 8-5.2601. - Purpose.

To allow reasonable use of property that is within the flood zone established by the Federal Emergency Management Agency in a manner consistent with the need to minimize or avoid hazards to life and property. This district is consistent with the floodplain designation of the general plan.

(§ 8-5.2601, Ord. 010-94, eff. January 5, 1995)

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Flood standard as provided in Title 6, Article 9, Chapter 6.

(4)

Provided no new building is involved.

(§ 8-5.2602, Ord. 010-94, eff. January 5, 1995; Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 27. - Planned Development District (PD)

Sec. 8-5.2701. - Purpose.

To provide opportunities for creative and more efficient approaches to the use of land through lot design, use of open space, mixture of land usage and/or densities, adjustment of setbacks, or other means to create a better environment. Planned developments are under unified control and are comprehensively planned, resulting in a development of superior design and quality. The proposal must be found to be consistent with the General Plan designation(s) applied to the property.

(§ 8-5.2701, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2702. - Uses.

Any use or combination of uses which are arranged and designed in such a manner as to result in a development which is internally compatible, compatible with neighboring uses and consistent with the General Plan.

(§ 8-5.2702, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2703. - Density and intensity.

The density and intensity of the development shall be limited to that allowed by the General Plan designation(s) applied to the property.

(§ 8-5.2703, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2704. - Establishment of a planned development district.

Applications for the establishment of a planned development district shall be considered amendments to the Yuba City Zoning Code and shall be processed according to the provisions of Article 72 of this chapter.

(§ 8-5.2704, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2705. - Application.

Applications for a planned development district shall contain a site plan for the project as well as other information needed to properly evaluate and process the application, including building elevations, roads, walkways, parking, landscaping, signs, proposed uses, plans for phasing and other information deemed necessary by the Planning Director.

(§ 8-5.2705, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2706. - Findings.

In order to approve a planned development, the following findings must first be made:

(a)

The proposal is consistent with the General Plan.

(b)

The proposal is consistent with the planned surrounding land uses.

(c)

There are or will be adequate public facilities available to properly serve the development, including streets to adequately handle the anticipated traffic.

(d)

The quality of the development is as good or better than would be accomplished through traditional zoning and design standards.

(§ 8-5.2706, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2707. - Site development.

Prior to issuance of any building permits, detailed plans shall be submitted to the Planning Director for review and approval for substantial compliance to the approved planned development.

(§ 8-5.2707, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2708. - Review.

If construction has not commenced within three years of the date of approval and every two years thereafter, the Planning Commission shall review the project to determine if a zone change or amendment

to the PD is appropriate. If it is determined that a change may be appropriate, the Commission shall authorize the revision to proceed, according to the provisions of Article 72 of this chapter. For purposes of this article, "commencement of construction" means the installation of a foundation.

(§ 8-5.2708, Ord. 010-94, eff. January 5, 1995)

Article 28. - Public Facilities District (PF)

Sec. 8-5.2801. - Purpose.

To recognize land which is used or set aside for civic facilities or other public uses. This district is consistent with all General Plan designations.

(§ 8-5.2801, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.2802. - Uses.

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Provided the expansion does not exceed 25% of the existing floor area.

(4)

Provided the building does not exceed a floor area of 2,000 square ft. and a maximum height of 20 ft., otherwise a use permit is required.

(§ 8-5.2802, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.2803. - Development standards.

(§ 8-5.2803, Ord. 010-94, eff. January 5, 1995)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Article 35. - Agricultural Combining District (A)

Sec. 8-5.3501. - Purpose.

To provide for the limited raising of farm animals in areas within the City where the lot size is large enough for such a use without creating a nuisance to neighboring uses.

(§ 8-5.3501, Ord. 010-94, eff. January 5, 1995)

(1)

The level of review is determined as provided in Section 8-5.7001.

(2)

See Section 8-5.7003 for review process explanation.

(3)

Provided not more than one horse, one mule, one cow, one steer, two sheep or two goats shall be kept for each .5 acre of lot area.

(4)

Provided a use permit shall be required for the raising of more than 100 head of either poultry or rabbit at any one time.

(5)

Provided, however, in residence districts no commercial structure for such purpose, other than a temporary stand shall be permitted.

(§ 8-5.3502, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3503. - Yards and open spaces.

Barns, stables, chicken coops, kennels, and similar buildings shall be a minimum of 35 ft. from any property line and 40 ft. from any dwelling.

(§ 8-5.3503, Ord. 010-94, eff. January 5, 1995)

Article 36. - Airport Influence Combining District (AI)

Sec. 8-5.3601. - Purpose.

Intended to implement the provisions of the Comprehensive Land Use Plan for the Sutter County Airport. This district is intended to be applied to those properties within the overflight zones of the airport.

(§ 8-5.3601, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3602. - Uses.

All of the uses permitted in the base district with which this district is combined, provided the use conforms to the compatibility criteria established by the Comprehensive Land Use Plan for the Sutter County Airport (CLUP).

(§ 8-5.3602, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3603. - Project review procedures.

Prior to City review of any General Plan or specific plan amendment, rezoning, use permit or variance for any property within this district, the project shall first be reviewed by and comments shall be received from the Airport Land Use Commission (ALUC) if required by the CLUP. In the case of a negative finding by the ALUC the City shall comply with the ALUC's finding unless the City Council overrules the ALUC decision

and finds that a hardship outweighs the public health, safety and welfare objectives of the Comprehensive Land Use Plan.

(§ 8-5.3603, Ord. 010-94, eff. January 5, 1995)

Article 37. - Historic Combining District (H)

Sec. 8-5.3701. - Purpose.

The Historic Combining District is established to implement the historic and archaeological resources policies of the General Plan; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic and cultural resources; to encourage and promote public knowledge, understanding, and appreciation of the City's history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for historic preservation zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historic resources, thereby increasing community pride and awareness of the City's cultural and historical heritage.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3702. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Historic building or structure" shall mean a building or structure that is located on property that has been recognized by the City Council by being rezoned to the Historic Combining District classification.

(b)

"Qualified historical property" shall mean:

(1)

A property listed in the National Register of Historic Places or located in a registered historic district, as defined in 26 CFR 1.191-2(b); or

(2)

A property listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

(c)

"Qualified professional" shall mean an individual meeting the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual determined by the Development Services Director, or his/her designee, to have

the necessary qualifications equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3703. - Establishment of Historic Combining District designation.

The Historic Combining District classification may be combined with any other zoning district classification and can be applied to land to satisfy the purposes of this article pursuant to approval of a rezoning application. Requests to establish a Historic Combining District designation on a property shall be accomplished by submitting a rezone application to the Development Services Department together with the following information:

(a)

Property owner(s) proposing to designate a property Historic Combining District shall submit the following information together with a rezone application to the Development Services Department:

(1)

A statement of the current and proposed usage of the property or site.

(2)

A site plan, drawn to scale, showing:

(i)

The boundaries of the property.

(ii)

The location of all improvements on the site.

(3)

A statement explaining why the property should be designated for historic preservation and how it is intended to preserve the building or site.

(4)

Photographs depicting the historic building or structure.

(5)

Applications shall be accompanied by a fee as established by resolution by the City Council.

(b)

Following the submittal of an application to rezone property to the Historic Combining District, the proposal shall be forwarded to the Historic Preservation Review Committee for review, consistent with Section 8-

5.3708(b), to determine if the historic resource is a candidate for the Historic Combining District designation and what character defining features exist on the structure that should be preserved.

Rezone applications shall be processed as set forth in the Yuba City Municipal Code.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3704. - Disestablishment of a Historic Combining District.

(a)

Requests to rezone property from the Historic Combining District classification shall be accomplished by submitting a rezone application to the Development Services Department along with the following items:

(1)

A statement of the current and proposed usage of the property or site.

(2)

A site plan, drawn to scale, showing:

(i)

The boundaries of the property.

(ii)

The location of all improvements on the site.

(3)

A report prepared by a qualified professional, detailing why the site, building, or structure is not or is no longer of cultural or historical significance to the history of Yuba City.

(4)

Photographs depicting the historic building or structure.

(5)

Applications shall be accompanied by a fee as established by resolution by the City Council.

Rezone applications shall be processed as set forth in the Yuba City Municipal Code.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3705. - Development standards.

(a)

All uses and development standards which are permitted and applicable in the base district to which the Historic Combining District is applied, including uses which are only allowed by use permit, shall continue to be permitted or allowed by the use permit providing it is demonstrated that those uses do not adversely affect the historic or cultural site or building involved.

(b)

Towers, spires, chimneys, machinery penthouses, scenery lofts, cupolas, water tanks, and similar architectural structures may be built and used to a height not more than 25 ft. above the height limit established for the district in which the historic building or structure is located, provided, however, photographs or other documentation, acceptable to the Development Services Director, is submitted demonstrating that the architectural feature or structure in question was originally a part of the historic building or structure. The above height limitations shall be subject to laws and regulations of the State and Federal Government.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3706. - Historic preservation incentive program.

The City Council may provide incentives to properties designated Historic Combining District. The incentives shall be identified, and made available through a resolution approved by the City Council and modified from time to time, as the Council deems appropriate.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3707. - Removal and relocation permitting requirements.

Prior to the removal and/or relocation of a historic building or structure on property that is designated Historic Combining District, a use permit shall first be approved together with an appropriate environmental document by the Planning Commission.

Prior to relocating a historic building located on land designated Historic Combining District; a property owner shall first successfully rezone the property where the historic building will be relocated to the Historic Combining District. In addition, the property owner shall secure all required permits necessary to transport the building on local roads and State highways.

At the time the City considers rezoning a property to the Historic Combining District for the purposes of relocating a historic building to it, the City Council may consider removing the Historic Combining District classification from the property where the historic building will be relocated from. This action may be accomplished by filing a single rezone application to the Development Services Department that includes both properties that are to be considered.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3708. - Historic preservation design review requirements.

(a)

Applicability. Exterior modifications that require a building permit to a recognized historic building within the Historic Combining District shall be subject to administrative design review to be evaluated by the Community Development Division. Applications for administrative design review shall be accompanied by a fee as established by resolution of the City Council and collected with building permit fees.

(b)

Design review process. Applicants requesting a building permit on property that is designated Historic Combining District shall provide elevation views for all portions of the recognized historic structure that is subject to alteration. The elevation views shall clearly depict all proposed changes to the exterior of the historic building or structure.

Staff shall review the proposed alterations to a historic building or structure against the report prepared by a qualified professional at the time the historic building was rezoned to the Historic Combining District. In addition, the proposed alterations shall be reviewed against the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings. Implementation of the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings shall not conflict with the permitted uses specified in the underlying zoning of the property. If architectural features identified as historically significant are proposed to be altered, all proposed changes shall maintain the character defining features as discussed or depicted in the report that has been previously prepared for the historic structure.

If after reviewing a proposal, staff determines that proposed changes to a historic building or structure, located on property that is zoned Historic Combining District, will maintain the character defining features of the historic building or structure, the Development Services Director, or his/her designee, may approve or conditionally approve the proposal.

If after reviewing a proposal, staff determines that proposed changes to a historic building or structure may not maintain the character defining features of the historic building or structure, the proposal shall be forwarded to the Historic Preservation Review Committee for review and determination.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3709. - Historic Preservation Review Committee.

The Historic Preservation Review Committee shall consist of three persons, appointed by and serve at the pleasure of the City Council. In addition, three alternate Committee members shall be appointed by the City Council and serve in the absence of a regular Committee member. Committee members shall have knowledge of architecture, historic preservation, history, or a combination of knowledge determined by the City Council as acceptable for providing recommendations regarding historic preservation issues. A quorum shall consist of three Committee members being present.

(a)

Committee action regarding historic structure modifications. If a quorum of Committee or alternate Committee members cannot be convened within a two-week period from the time a meeting is determined to be necessary, the Development Services Director, or his/her designee, may convene the meeting with those available Committee members. After reviewing the information and receiving input from the Committee members present, the Development Services Director, or his/her designee, shall determine

proposed actions the applicant can take in order to maintain the character defining features of a historic structure and may approve or conditionally approve the proposal.

The Committee shall meet as necessary to review and provide determinations to applicants and staff regarding proposed changes to historic structures.

All pertinent information deemed necessary by the Development Services Director, or his/her designee, shall be supplied by the building permit applicant and forwarded to the Committee members by staff for review prior to Committee meetings.

The Committee shall review and discuss with the applicant and staff the issues associated with modifying a recognized historic structure. The Committee shall determine proposed actions the applicant can take in order to maintain the character defining features of a historic structure.

All determinations made by the Committee shall be transmitted to the property owner in writing. Any

determination made by the Historic Preservation Review Committee, or the Development Services Director, or his/her designee, shall be subject to appeal to the Planning Commission pursuant to the Yuba City Municipal Code.

(b)

Committee action for application to the Historic Combining District. Prior to the submittal of an application to rezone property to the Historic Combining District, the proposal shall first be reviewed by the Historic Preservation Review Committee and a report shall be prepared by the Community Development Division based upon the Committee's determinations.

The Committee shall meet as necessary to review and provide determinations detailing why a potential historic building or structure is a candidate for the Historic Combining District designation and what the character defining features are of the historic building or structure that should be preserved.

A quorum of the Committee shall consist of three members being present and all Committee determinations shall be made by at least two of three Committee members.

Based upon the Committee's determination regarding why a historic resource is a candidate for the Historic Combining District designation and what the character defining features are of the building that should be preserved, Community Development Division staff shall prepare a report of this information.

The report shall be transmitted to the property owner(s) in writing within 20 days of the date the Committee makes its determination. Any determination made by the Historic Preservation Review Committee shall be subject to appeal to the Planning Commission pursuant to the Yuba City Municipal Code.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3710. - Historic identification plaques.

Notwithstanding any other provision of this chapter to the contrary, nonilluminated historic identification plaques as approved by the Planning Commission not exceeding two square ft. in size are permitted to be installed on structures located on property that have been zoned to have the Historic Combining District designation.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Sec. 8-5.3711. - Appeals.

Decisions of the Development Services Director, Planning Commission, and Historic Preservation Review Committee may be appealed by an applicant or any aggrieved person. A person includes, but is not limited to, a City officer, as defined by Government Code § 24000.

(§ 2, Ord. 014-05, eff. January 19, 2006)

Article 38. - Special Standards Combining District (X)

Sec. 8-5.3801. - Purpose.

This district serves two distinct purposes. First, this district may be used by the City to apply specific development criteria that may be important for the proper development of a parcel or group of parcels but is not relevant on a citywide basis. Secondly, for a developer that may propose innovative approaches to site design this district also can be used to modify adopted development standards to accommodate that

type of development. Those projects that utilize this district must meet or exceed the quality expected of projects meeting the typical development standards. This district is not intended to be used to reduce development standards.

(§ 8-5.3801, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3802. - Uses.

All uses permitted by the primary district with which this district is combined unless, through criteria applied by this district, there are limitations on uses.

(§ 8-5.3802, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3803. - Density and intensity.

The density and intensity of the development shall be limited to the density and intensity allowed by the General Plan.

(§ 8-5.3803, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3804. - Establishment of the special standards combining district.

Applications for the establishment of a Special Standards Combining District shall be considered amendments to the Yuba City Zoning Code and shall be processed according to the provisions of Article 72 of this chapter.

(§ 8-5.3804, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3805. - Application.

Applications for a Special Standards Combining District shall contain information needed to properly evaluate and process the application as deemed necessary by the Planning Director.

(§ 8-5.3805, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3806. - Findings.

In order to approve a Special Standards Combining District, the following findings must first be made:

(a)

The proposal is consistent with the General Plan.

(b)

The revision to the development standards will not cause a project to occur that will be incompatible with existing or planned surrounding land uses.

(c)

The quality of the development will be as good or better than would be accomplished through traditional zoning.

(§ 8-5.3806, Ord. 010-94, eff. January 5, 1995)

Article 39. - Specific Plan Combining District (SP)

Sec. 8-5.3901. - Purpose.

To ensure that new development and, to the extent required, additions and improvements to existing developments, meet the standards and regulations contained within adopted specific plans previously adopted for an area. This district may be combined with any base district, provided the site is located within the boundaries of an adopted specific plan.

(§ 8-5.3901, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3902. - Uses.

All permitted uses and uses requiring a use permit within the base district with which this district is combined, provided that the uses do not conflict with the policies or intended uses established by the specific plan. Also permitted are uses identified by the specific plan. If a conflict between the base district and the specific plan occurs, the specific plan shall prevail.

(§ 8-5.3902, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3903. - Development standards.

All standards contained within the base district with which this district is combined, as well as all development standards required by the specific plan, shall apply. If a conflict between the base district and the specific plan occurs, the specific plan shall prevail.

(§ 8-5.3903, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.3904. - Applications.

The type of permit necessary for site improvements shall be dictated by the base district.

All applications for site improvements shall include adequate information, as required by the Planning Director, to ensure compliance with all relevant standards and criteria established by the base district and the specific plan.

Decisions on all projects located within this combining district shall be by the agency established to do so by this Zoning Ordinance, provided that if the specific plan also establishes a review body, such as a design review committee, that body shall serve as an advisory agency to the decision making body established by this chapter.

(§ 8-5.3904, Ord. 010-94, eff. January 5, 1995)

PART III. - SPECIAL PROVISIONS Article 49. - Outdoor Dining

Sec. 8-5.4901. - Outdoor dining.

This article shall be known as the "Outdoor Dining Ordinance." The purpose of this article is to allow for the expansion and use of certain outdoor dining areas, without requiring a special permit, to promote business, revitalization, and public safety.

(Ord. No. 004-21, § 3, 7-20-2021)

Sec. 8-5.4902. - Definitions.

For the purpose of this article:

(a)

"Encroachment area" shall mean that portion of the outdoor dining area authorized to use a portion of the City's public right-of-way.

(b)

"Sidewalk area" shall mean that portion of the City's right-of-way typically located between the building wall and the curb and gutter.

(c)

"Outdoor dining" shall refer to a delineated area within a parcel, including patios and similar areas, located outside of and adjacent to a building used for consuming food or beverages at a table with chairs, a portion of which must be within 20 feet of said building, or up to 30 feet if there are unusual circumstances as determined by the Development Services Director. "Outdoor dining" shall not include food preparation areas, but may include outdoor spaces including parking areas.

(Ord. No. 004-21, § 3, 7-20-2021)

Sec. 8-5.4903. - Applicability.

This article shall apply to restaurants, coffee shops, delicatessens, cafeterias, bars and drinking establishments (including sport bars, taverns, pubs, brew pubs, and similar establishments per Section 8- 5.8004a), lounges (including cocktail lounges), ice cream stores, food courts, bakeries, eating and drinking establishments (including nightclubs) and similar uses as may be determined by the Development Services Director. This article shall also apply to nightclubs with dancing prohibited in the outdoor dining area. This article shall not apply to mobile and open air vending operations.

(Ord. No. 004-21, § 3, 7-20-2021)

Sec. 8-5.4904. - General requirements for outdoor dining areas.

(a)

No site plan, conditional use permit, or amendment to an existing permit is required for expansion into an outdoor dining area if the proposed use is existing and authorized for any portion of the applicant's property, use of the outdoor dining area does not obstruct vehicular circulation, and outdoor dining use is not expressly prohibited by a condition of an existing site plan, conditional use permit, approved parcel or tract map, zoning action, or other entitlement. Instead, an over-the-counter application shall be submitted to the Development Services Director for ministerial approval of an administrative permit consistent with

this article prior to use of the outdoor dining area. The application shall include a scaled exhibit depicting the location of the outdoor dining area (including proposed structures and barriers, locations of tables and chairs, and existing structures on the parcel), designate access points for unimpeded ingress and egress, be signed by one or more of the record owners of the parcel of property, and contain any other information required by the Development Services Director. The Development Services Director shall provide a copy of approved applications to the Police Department and Fire Department. Semi-permanent and permanent structures, facilities, fixtures or buildings are allowed consistent with Title 7 (Building Regulations) and may require a building or other permit.

(b)

Use of the outdoor dining area shall be subject to the same hours of operation as the existing authorized use for the property.

(c)

If an outdoor dining use offers alcoholic beverage service, such use operator shall be duly licensed by the State Department of Alcoholic Beverage Control and shall conform to the requirements of such license. Notwithstanding Section 5-6.02, it shall not be unlawful to consume alcoholic beverages within the designated outdoor dining area where expressly permitted pursuant to the terms of a license issued by the ABC and consistent with the administrative permit and requirements of this article.

(d)

Multiple outdoor dining areas may be used. The total area of the outdoor dining area shall not exceed 1,000 square feet. Additionally, the total outdoor dining area cannot exceed the total size of the existing buildings on the property for an over the counter (administerial) application. A conditional use permit is required for all other outdoor dining uses.

(e)

The outdoor dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The outdoor dining area must not obstruct direct access or egress from any entrance or exit. Travel space between the outdoor dining area and the building used for consuming food and beverages cannot cross an area where vehicular traffic is allowed, and a ten-foot visibility triangle must be maintained at all driveways and vehicular entrances. An outdoor dining area adjacent to a roadway or vehicular travel area must be located at least six feet from the edge of curb. If the outdoor dining area would cause the total building occupancy to exceed 49 people, the building must have at least two unobstructed exits consistent with the Building Code.

(f)

No additional parking is required when the outdoor dining area is less than 1,000 square feet as long as either i) the on-site parking requirements of Section 8-5.6102 are met before the addition of the outdoor dining area; and ii) there is enough parking remains to facilitate parking needs as determined by the Development Services Director.

(g)

Use of the outdoor dining area shall comply with the Noise Ordinance per Chapter 17 of Title 4 of this Code. Use of the outdoor dining area is prohibited before 7:00 a.m. and after 10:00 p.m. For locations located more than 400 feet from residential or other sensitive uses, outdoor dining may occur on Thursday, Friday and Saturday nights until 11:00 p.m.

(h)

Barriers around outdoor dining areas are not required, but are allowed subject to this Code if not more than four feet in height and maintain at least 50% transparency to the outdoor elements. Barriers cannot block or enclose existing ingress or egress to a structure absent prior authorization from the Building Official or designee. Barriers can be permanent or temporary, and may include moveable stanchions and similar items. All barriers must have at least one direct exit made by either providing a gap in the barrier, or with a door or gate that swings in the direction of egress travel equipped with panic hardware and having an operating force of no more than five pounds, or as otherwise required by accessibility regulations. Door or gate swing shall not intrude into any travel or related area, nor shall it intrude into any parking space. An outdoor dining area, where alcoholic beverages are consumed, must comply with barrier requirements as may be established by the California Department of Alcoholic Beverage Control.

(i)

Furnishings and structures shall comply with the following:

(1)

Furnishings and material are required to be sturdy, durable, and attractive.

(2)

Allowed furnishings may include tables, chairs, umbrellas (including table center and free-standing umbrellas), landscape pots, wait stations, planters, benches, waste receptacles, and similar items that help to define pedestrian and other use of the outdoor dining areas. Materials must be of wood, metal, stone, terra cotta, cast stone, hand-sculpted concrete, a solid surfacing material, or plastic. Plastic resin furnishings are prohibited unless made of commercial-grade materials; chain linked fencing is prohibited.

(3)

No signs shall be affixed to or supported by the furnishings or fixtures except as authorized by Article 63 (Signs), Chapter 5, of Title 8.

(4)

Permanent fencing, barriers, lighting, heating, cooling or other fixtures are allowed with a building permit; portable heaters are subject to review and approval by the Fire Department.

(5)

Individual table umbrellas may be used; roof coverings, canopies, tents, structures, or similar items require a building permit and are subject to approval by the Fire Department.

(6)

Table coverings must be in compliance with public health regulations. Vinyl tablecloths are not permitted. Tablecloths shall be brought indoors nightly and shall be clean when placed outside each day.

(7)

All outdoor dining area and furnishings shall be kept clean and litter-free, and must be kept in a safe condition at all times.

(8)

Furnishings such as tables and chairs, and fixtures such as portable heaters, shall not be stored in such a way as to be visible from the street for more than 72 hours. Furnishings and fixtures ready for use may remain in the outdoor dining area at all times even if visible from the street.

(9)

Lighting is permitted during hours of operation to provide for a warm glow (2,700 to 3,200 degrees Kelvin), and not result in offsite glare.

(10)

Furnishings and decorations shall not encroach beyond the designated area or overhang pedestrian or vehicular paths of travel outside of the outdoor dining area.

(j)

Outdoor dining shall comply with all applicable federal, state, and local laws, including Title 7 (Building Regulations), including the Building, Fire, and Electrical Codes; Americans with Disabilities Act (ADA) regulations; California Department of Alcoholic Beverage Control regulations; regulations governing the sale and service of food and beverages to the public; and shall not be a nuisance or constitute a threat to public health and safety.

(k)

Suspension, termination, and revocation:

(1)

The administrative permit issued pursuant to this article may be suspended by the Development Services Director for up to 30 days for each occurrence of the following i) failure to comply with the requirements of this article; or ii) failure to comply with the requirements of the administrative permit. Unless the failure to comply poses an immediate risk to public health and safety, an oral or written warning of the violation may be provided by the Director. The Director's determination of suspension must be in writing, list the specific violation, identify the duration of the suspension, when it will go into effect, and provide notice of the opportunity to appeal. The affected party may file a written appeal to the Director within five business days. The Director shall then review the initial determination, and then issue a final decision on the appeal within three business days.

(2)

The administrative permit issued pursuant to this article shall automatically terminate and be of no further force or effect upon the occurrence of any of the following:

(i)

The failure to maintain a business license for more than 60 days;

(ii)

Transfer or sale of more than 50% of ownership;

(iii)

Cessation of operations for 90 days; or

(iv)

Modification of an approved site plan or layout of the property that is not reflected in the application for the administrative permit.

(3)

In addition to any other remedies authorized by law, including citation, the City may revoke the approval following the process set forth in Section 8-5.7109, except that the matter shall be heard by the Planning Commission instead of the Council. Any subsequent appeal of the determination of the Planning

Commission shall filed with the City Clerk within ten days, after which the City Council shall consider the appeal and approve, approve with modifications, or deny the appeal.

(Ord. No. 004-21, § 3, 7-20-2021)

Sec. 8-5.4905. - Use of city right-of-way.

Use of City street easement or right-of-way (such as a sidewalk area) for outdoor dining purposes may be approved at the discretion of the Development Service Director after consultation with the Department of Public Works. Said use shall be subject to the following requirements in addition to those required by Section 8-5.4904 except as noted:

(a)

A valid encroachment permit is required as defined by Section 7-16.58, and a zoning clearance as required by Section 8-5.7002.

(b)

Use of the encroachment area for outdoor dining shall be subject to the following:

(1)

No rent shall be charged for use of the encroachment area.

(2)

The applicant, at applicant's sole cost, expense, and liability, shall use the encroachment in the outdoor dining area solely for purposes of this article.

(3)

Use of the encroachment area shall not cause the encroachment area, or adjacent property or right-of-way to become out of compliance with any applicable federal, state or local law including this Code.

(4)

Applicant shall maintain the encroachment area, promptly dispose of trash and keep it in a clean at all times, and repair it consistent with City standards and at applicant's sole cost and expense. If the applicant fails to reasonably repair any damage to the encroachment area or caused by the applicant or applicant's use of the encroachment area, the City may repair at the sole cost, expense, and liability of applicant.

(5)

To minimize litter and debris, where table wait service is provided or food is served to the customer on a tray to be taken and eaten on site in the outdoor dining area, the plates, glasses, cups, and utensils must be made of permanent (non-disposable) materials such as glass, ceramic, and metal, and high-quality (non-disposable) napkins used.

(6)

Applicant's use of the encroachment area shall be secondary and subject to any other use of the encroachment area by the City, any easement holder, or provider of utilities including those for water, sewer, electricity, communications, etc. Upon oral or written request by the City, any easement holder, or any provider, applicant shall immediately move or remove any furnishings or structures from any portion of the encroachment area as requested.

(7)

Applicant shall defend, hold harmless, and indemnify the City regarding applicant's use of the encroachment area.

(8)

Upon any revocation or termination of the encroachment permit, applicant shall, at its sole cost, expense and liability, remove the any and all furnishings and appurtenant structures and equipment located in the encroachment area, restore the encroachment area to substantially the same condition it was in prior to applicant's use, and surrender to the City all possession, use and occupation of the encroachment area. Upon any revocation or termination of the encroachment permit, applicant shall, at its sole cost, expense and liability, remove the any and all furnishings and appurtenant structures and equipment located in the

encroachment area, restore the encroachment area to substantially the same condition it was in prior to applicant's use, and surrender to the City all possession, use and occupation of the encroachment area.

(c)

Semi-permanent structures, facilities, fixtures or buildings are allowed consistent with Title 7 (Building Regulations), but are not required. Such semi-permanent items in the outdoor dining area shall be subject to this Code and require an encroachment permit, and potentially a building permit, as well as approval by both the Development Services Director and the Public Works Director. Permanent changes to any sidewalk or public right-of-way shall require prior approval from either the Development Services Director or Public Works Director. Permanent structures within the City's right-of-way are not allowed.

(d)

Furnishings and structures shall comply with the following:

(1)

All outdoor dining furnishing shall be of high quality, commercial grade, and designed for outdoor use, and must be approved by the Development Services Director prior to use.

(2)

Tables and seating shall comply with the following standards:

(i)

Table and seating framework shall be wrought iron, fabricated steel, cast aluminum, cane or teak.

(ii)

The seat of chairs and other seating shall be wrought iron, fabricated steel, cast aluminum, cane, teak or rattan.

(iii)

Table tops shall be slate, marble, granite, faux stone, wrought iron, embossed aluminum, teak, tempered glass, and mesh tops of wrought iron and aluminum are permitted. Plastic, resin, and plain metal table tops are not permitted.

(iv)

Tables and seating shall be of the same or of consistent and compatible design. All furnishings shall be properly maintained and cleaned regularly.

(3)

The following standards shall apply to umbrellas and similar shading furnishings:

(i)

Umbrellas must be removed from the encroachment area when windspeed or gusts speeds are greater than or equal to 20 miles per hour.

(ii)

The canopy must be made of canvas; vinyl or plastic umbrellas are prohibited.

(iii)

Stands must be made of cast aluminum, wrought iron, fabricated steel, or wood.

(iv)

All umbrella panels shall be of the same solid color. A complementary solid color may be used for trim (such as piping). Patterns (floral, stripes, etc.) and fluorescent colors are prohibited.

(4)

Standing portable propane heaters are permitted, subject to review and approval by the Fire Department. All other types of heaters, including electric or fuel heaters other than propane, are prohibited.

(5)

Sidewalk furnishings that are permitted to be stored outside include planters, casters, and counter-top tables. All furnishings being stored outside shall be locked together each evening and stored in front of the business in a way that does not affect ingress/egress to the building. Any other furnishings must be stored indoors at close of business or 10:00 p.m. each day, whichever is earlier.

(6)

Furnishings shall be removed immediately upon the change or use or permanent closure of the associated business.

(e)

An applicant shall be required by the permit to maintain the encroachment area free of any nuisance in fact or in law. The applicant shall also be solely responsible for operation, maintenance and repair of the encroachment area, and shall at all times provide and maintain insurance acceptable to the City. Use of the encroachment on the City's property is a non-exclusive, revocable use. The City, in its sole discretion, may revoke the encroachment permit upon determination by the Public Works Director that the use of any portion of the encroachment area is required for any municipal or public utility purpose, or is detrimental to or not in furtherance of the public health, safety, welfare and interest. The encroachment permit may also be revoked, upon determination by the Public Works Director, that the applicant has failed to comply with one or more of the terms, conditions, or restrictions of the encroachment permit or this Article. The revocation of an encroachment permit issued under this Section is not subject to Section 8-5.7109.

(f)

The addition of lighting shall require approval of Development Services Director or Public Works Director. Permitted lighting is to provide for a warm glow, light sources shall be of warm white light (2,700 to 3,200 degrees Kelvin). Lighting not approved by the City shall be removed immediately.

(g)

No additional parking shall be required for use of the encroachment area for outdoor dining; the parking requirements of Section 8-5.4904g and 8-5.6102 are not applicable to this Section.

(Ord. No. 004-21, § 3, 7-20-2021)

Sec. 8-5.4906. - Termination.

No vested or any other property right is created by the approval of this article or by any use, or construction of any structures, facilities, fixtures, or buildings, authorized by this section. Should the City repeal or amend this article, no claim for loss of property rights or due process of any kind shall be maintained against the City.

(Ord. No. 004-21, § 3, 7-20-2021)

Article 50. - Specific Standards for Residences, Residential Accessory Buildings and Uses, and Related Uses

Sec. 8-5.5001. - Standards for certain permitted uses.

In any district that permits a residence, the following types of accessory buildings and uses are permitted if the required standards are met.

(a)

Keeping of animals and other creatures.

(1)

On lots of one-half acre or less, the keeping of chicken hens (no roosters), rabbits, guinea pigs, or similar small animals, not exceeding a combined total of 12 in number (excluding the offspring thereof, up to the age of six months, may be kept for home enjoyment or consumption, subject to the provisions of other applicable laws. No hoofed animals are permitted, except two potbellied pigs are allowed as pets.

(2)

On lots exceeding one-half acre, the keeping of animals listed above in numbers exceeding those listed or keeping of other types of livestock shall be permitted with an approved use permit. Such animals housed in pens or buildings shall not be nearer than 35 ft. to any lot line and not nearer than 40 ft. from a residence.

(3)

Kennels are not permitted in residential districts.

(4)

Beehives are only permitted within the City limits on a temporary basis when used in conjunction with a bona fide agricultural operation for which bees are needed for pollination of trees within the city.

(b)

Garage/yard sales. Garage/yard sales are allowed when involving the sale of common household goods, primarily owned by the resident, for a duration not to exceed three days, nor more frequently than two times per year per residence. On-site signs are permitted. Off-site signs are permitted pursuant to Section 8-5.6306(f) of this chapter. If illegal off-site signs are posted in the vicinity of the garage/yard sale, the person or persons operating the garage/yard sale at the location indicated on the sign shall be held responsible for the posting of the prohibited sign(s).

(c)

Residential accessory buildings (including guest houses). In addition to the standards established by the district in which the building is located, the following standards apply:

(1)

Unless otherwise provided for in this chapter residential accessory buildings are subject to lot coverage requirements.

(2)

A residential accessory building cannot be constructed prior to the main building on the lot.

(3)

No accessory building, except garages or carports, may encroach on the front one-half of any lot or be within 50 ft. of the front property line, whichever is less.

(4)

Height limits/yard reductions.

(1) Within a required interior side or rear yard one building used exclusively as a storage shed and one structure for a children's playhouse is permitted, and not subject to lot coverage limitations, provided:

i.

Each has a roof of less than 120 square ft.

ii.

Each does not exceed eight ft. in height.

(2) For those lots that back onto a General Plan street with a City maintained landscape strip the height of an accessory building shall not exceed eight ft. when located within ten ft. of the rear lot line.

(d)

Patio covers in yard areas. A patio cover may encroach into the rear yard of a one-family or two-family residential unit, and not be subject to lot coverage limitations, provided:

(1)

The patio cover remains open from the ground to the roof except screening on all sides not attached to the main building.

(2)

The patio cover is attached to the main building or meets the minimum six ft. separation required for accessory buildings.

(3)

The patio cover may encroach a maximum of ten ft. into the required rear yard, provided:

(i)

The support posts for the patio cover shall be a minimum of ten ft. from the rear property line and the eaves on the patio cover shall not extend more than two ft. beyond that;

(ii)

The minimum side yard standard shall be maintained;

(iii)

The width of the patio cover shall not exceed one-half the width of the main building;

(iv)

Only shed-type of flat roofs shall be allowed for patio covers, with a maximum eave height of nine ft.

(e)

One-family residence - Zero lot line.

(1)

Must meet residential density standards of the General Plan.

(2)

Must be part of a project designed for this type of development. The building footprints of the residences must be approved as part of the subdivision map.

(3)

The opposite side yard must be a minimum of ten ft. wide (R-1 District only).

(4)

No more than two units attached to each other.

(§ 8-5.5001, Ord. 010-94, eff. January 5, 1995; Ord. 07-95, eff. August 31, 1995; § 1, Ord. 08-99, eff. July 1, 1999; § 1, Ord. 03-00, eff. June 15, 2000; § 3, Ord. 009-03, eff. July 17, 2003; Ord. No. 006-22, § 9, 3-152022)

Sec. 8-5.5002. - Standards for uses requiring a zoning clearance.

(a)

Use of a mobile home as a one-family residence. A mobile home may be placed upon any lot as a onefamily residence within any residential district which allows one- or two-family residences as a permitted use, provided the mobile home meets the following standards:

(1)

The mobile home shall be certified under the National Mobile Home Construction and Safety Act of 1974;

(2)

The mobile home shall be placed upon a permanent foundation approved by the Building Department;

(3)

The mobile home has a minimum width of 20 ft.;

(4)

The mobile home is covered with an exterior material compatible to residential structures in the surrounding area;

(5)

The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend more than three in. below the top of the foundation. Alternative skirting materials, customarily used in conventional residential structures, will be considered compatible;

(6)

The roofing material is composition shingles or other materials customarily used on conventional residential structures in the surrounding area;

(7)

The roof has a pitch of not less than 2.5 in. of vertical rise for each 12 in. of horizontal run;

(8)

The roof has eaves and gable overhangs of not less than one ft. measured from the vertical side of the mobile home or what is customarily found on conventional residential structures in the surrounding area;

(9)

The mobile home has an enclosed attached garage or a carport, if they are customarily found with conventional residential structures in the surrounding area;

(10)

The exterior covering material of the garage or carport is the same as the mobile home;

(11)

The finished floor is a maximum of 25 in. above the exterior finish grade of the lot;

(12)

The facade which fronts on the street is designed with sufficient detail to make it visually compatible with conventional residential structures in the area.

(b)

Home occupations. A home occupation may be conducted in any residential district subject to the following conditions:

(1)

The residential use remains the primary activity on the property;

(2)

The activity is limited to one customer on the premises at a time for which off-street parking shall be provided in addition to that required for the residential use;

(3)

It involves no sale of merchandise other than that produced on the premises or merchandise directly related to the business and incidental to the services offered;

(4)

It is carried on by the members of the family occupying the dwelling, with no other persons employed onsite;

(5)

It produces no exterior evidence of its existence beyond the premises, including but not limited to outdoor storage, noise, smoke, odors and vibrations;

(6)

No external signage relative to the business shall be allowed;

(7)

If the residence is not owner-occupied, property owner authorization for the home occupation is provided;

(8)

There shall be no outdoor storage of building materials, machinery, equipment or other materials related to the home occupation;

(9)

The repair of autos, trucks, motorcycles, boats, trailers and similar equipment is specifically prohibited as a home occupation.

Home occupations that allow more than one customer at a time may be approved with a use permit (Section 8-5.7003); provided, that the Planning Commission finds that the added traffic will not adversely impact the neighborhood and that adequate off-street parking is provided.

(c)

Model homes. Model homes with sales offices and temporary information/sales trailers are permitted in new residential subdivisions, provided the following criteria are met:

(1)

A site plan shall be submitted to the Planning Department showing the location of all model homes and temporary information/sales trailers, signage (Section 8-5.6306(k)), identification flags (Section 8-5.6306(l)) and fencing proposed;

(2)

A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months;

(3)

Real estate sales shall be limited to properties within the subject subdivision;

(4)

Prior to the sale of any of the subject models as a single-family residence, any portion used for commercial purposes shall be converted to its intended residential purpose;

(5)

The zoning clearance (Section 8-5.7002) shall be valid for a term period of three years or until completion of the sale of lots/residences, whichever comes first. One year extensions may be approved by the Planning Director until the sale of all lots/residences is completed.

(d)

Rotating church cold weather shelters. Existing churches shall be allowed to operate a rotating cold weather shelter program from within their facilities during the months of November 1 through April 30

through the zoning clearance process, subject to the following standards:

(1)

The maximum number of participants that can stay at a single church facility is 30 people.

(2)

The maximum length of stay at a participating church facility by an eligible participant is seven days. Once a church facility has hosted a cold weather shelter for seven days, the church shall wait 21 days before serving as a cold weather shelter again.

(3)

Eligible participants at the shelter(s) shall be oriented to families.

(4)

Eligible participants shall be brought to the participating church facility not before 6:00 p.m. and shall depart the facility by 7:30 a.m. the next day.

(5)

As part of the zoning clearance process, participating churches in the rotating cold weather shelter program shall submit an operations plan that provides the following information:

(i)

Screening process for eligible participants.

(ii)

Occupancy schedule.

(iii)

No loitering policy.

(iv)

Transportation plan.

(§ 8-5.5002, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 8, Ord. 015-10, eff. December 16, 2011; § 1, Ord. 007-11, eff. December 15, 2011)

Sec. 8-5.5003. - Standards for uses requiring use permits.

(a)

Reserved. [Formerly pertained to second residences in the R-1 District.]

(b)

Locational criteria for churches. In order to ensure compatibility between churches and neighboring onefamily residential development, churches located in an R-1 or R-2 District must meet the following criteria, in addition to any conditions imposed as part of the use permit approval:

(1)

Churches must be located on a lot that is either:

(i)

Contiguous with a multiple family, commercial, industrial or public district; or

(ii)

Has primary frontage on a collector or arterial street, as designated by the general plan.

(2)

Vehicle access to the church parking lot should be as near as feasible, or directly onto, a collector or arterial street.

(3)

The minimum yard area between the church and any one-family residential lot shall be that of the district within which the property is located or 20 ft., whichever is greater. At least ten ft. of that yard area shall be landscaped with the intent of screening building and paved areas from the one-family residence.

(4)

The lot coverage standard for the R-1 or R-2 District shall apply to the church facility.

(5)

Expansion of churches existing prior to this ordinance shall comply only with the yard area and lot coverage standards described above.

(c)

Standards for mobile home parks. Mobile home parks, where permitted, shall meet the following requirements in addition to any conditions imposed by the use permit:

(1)

Mobile home space dimensions.

(i)

All mobile home lots in the mobile home park shall average at least 3,000 square ft. in area, and in any case no lot shall be less than 2,500 square ft.

(ii)

Yards for mobile homes in mobile home spaces shall be:

A.

Front: Ten ft.

B.

Side: Five ft. (zero and ten ft. if the project is designed for this type of development).

C.

Rear: Ten ft.

D.

Awnings and carports may be within 3 ft. from any mobile home space boundary.

(2)

Circulation.

(i)

All mobile home lots shall access internal private streets located within the mobile home park. There shall be no direct access from a mobile home lot to a public street or alley.

(ii)

All interior streets shall be a minimum of 25 ft. in width, exclusive of required parking areas and shall be designed and improved to City standards.

(iii)

All necessary rights-of-way adjacent to the site as may be necessary to conform to the standards of the general plan shall be offered for dedication to the City.

(3)

On-site utilities. Shall be underground.

(4)

Walls and screening. All exterior boundaries shall be screened with a solid decorative wall or fence. The wall shall be inside of required landscape areas for front and street side yards of the respective district.

(5)

Parking. As provided in Article 61 of this chapter.

(6)

Common open space/recreation areas. A minimum of 400 square ft. of space for each mobile home space shall be devoted to common open space and recreational facilities within the mobile home park. This area does not include street rights-of-way, parking areas, areas between structures less than 15 ft. wide or private yards.

(7)

Landscaping. All common open space areas, exterior front and street side yards and common parking areas shall be landscaped, as provided in Article 60 of this chapter, unless otherwise used for recreation activities.

(8)

Walkways. Walkways shall link the mobile homes with recreational and other internal facilities as well as other mobile homes.

(9)

Mobile home type. All mobile homes shall be certified under the National Mobile Home Construction and Safety Act of 1974.

(d)

Residential parking and yard reductions or waivers. This section provides a means of relief from the parking and yard requirements of this chapter for those residential property owners who purchased residential property for use as their own place of residence which have parking and yard violations which existed prior to their purchase of the property.

A use permit to reduce or waive parking or yard requirements under this section may be approved only when the following findings can be made:

(1)

The modifications to the structure or to the property were completed by a prior owner of the property;

(2)

The current owner of the property has not participated in or contributed to creating, increasing, or compounding of the degree of severity of the violation;

(3)

The total cost of restoration of the property or structure to conform to the Zoning Regulations will exceed $1,000.

In addition to the above findings, the Planning Commission shall make such additional findings as required by this chapter for the approval of use permits.

All properties or structures receiving parking or setback reductions or waiver under this section shall be classified as a nonconforming structure and shall receive all rights and privileges conferred by that status.

(§ 8-5.5003, Ord. 010-94, eff. January 5, 1995; § 2, Ord. 009-03, eff. July 17, 2003)

Sec. 8-5.5004. - Accessory dwelling units and junior accessory dwelling units.

(a)

Purpose. This section is intended to implement the provisions of Government Code Section 66310 et seq.

(b)

Definitions. The following definitions apply to this section. In the event of conflict or inconsistency with Government Code Section 66313, including any amendments or successor statutes thereto, the state law shall govern.

(1)

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(i)

An efficiency unit.

(ii)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(2)

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

(3)

"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

(4)

"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(5)

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(6)

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

(7)

"Multifamily dwelling" means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

(8)

"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.

(9)

"Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

(10)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(11)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(12)

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

(13)

"Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.

(14)

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

(c)

Accessory dwelling units and junior accessory dwelling units general requirements. Accessory dwelling units and junior accessory dwelling units shall be subject to the provisions in this subsection.

(1)

Accessory dwelling units are subject to the objective development standards of Table 8-5.5004(A). Junior accessory dwelling units are subject to the objective development standards of Table 8-5.5004(B). State exemption accessory dwelling units and junior accessory dwelling units shall be subject to the same development standards, provided that any development standard that is in conflict or inconsistent with subsection (f), below, shall not be applicable.

(2)

Zoning.

a.

The City shall not impose any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

b.

Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located.

c.

Accessory dwelling units are a residential use consistent with the City's General Plan and Land Use Designation for the lot.

(3)

Maximum number.

a.

Single-family. For a lot with an existing or proposed single-family dwelling, no more than one accessory dwelling unit and one junior accessory dwelling unit.

b.

Multifamily.

(i)

For a lot with a proposed or existing multiple-family residential development, at least one accessory dwelling unit and/or junior accessory dwelling unit, but no more than a number of accessory dwelling units/junior accessory dwelling units equaling 25% of the existing dwelling units, rounded up, within the

portions of the existing multiple-family residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; and

(ii)

No more than two detached accessory dwelling units on a lot that has an existing multiple-family residential structure.

(4)

Ownership and rental. The accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary dwelling. The primary dwelling unit and the accessory dwelling unit shall remain under the same ownership. The accessory dwelling unit shall not be sold separately from the primary dwelling unit, except when the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation and meets all the requirements of Section 66341 of the Government Code, including any amendments or successor statutes thereto.

(5)

Short-term rental prohibited. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a period of fewer than 30 days.

(6)

An accessory dwelling unit or junior accessory dwelling unit shall be used solely as a dwelling. Accessory dwelling units and junior accessory dwelling units shall not be utilized as ancillary or accessory uses, including, but not limited to, events, storage, home office, gym/workout studio, and greenhouse.

(7)

A trailer or any other recreational vehicle may not be maintained as an accessory dwelling unit or junior accessory dwelling unit on a residential lot.

(8)

Demolition of detached garage. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the accessory dwelling unit application and issued at the same time.

(9)

Fees.

a.

No impact fees, as defined in Government Code Section 66324(c)(2), shall be imposed on junior accessory dwelling units or accessory dwelling units of less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

b.

An accessory dwelling unit shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(10)

Covenant. Prior to the issuance of a certificate of occupancy for an approved accessory dwelling unit a fully-executed use covenant and restriction running with the land shall be recorded by the city with the county recorder's office, and shall include the following:

a.

A declaration that the accessory dwelling unit is constructed and maintained pursuant to this chapter to and shall not be converted to or used for a non-residential use.

b.

A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction shall be enforced against future purchasers. An accessory dwelling unit may be sold separately only if the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation consistent with the provisions of Government Code Section 66341.

(11)

A certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit shall not issue before a certificate of occupancy for the primary dwelling.

(12)

The demolition of a detached garage that is to be replaced with an accessory dwelling unit shall not be required to provide written notice or post a placard for the demolition, unless the property is located within an architecturally and historically significant district.

(d)

Accessory Dwelling Units. Accessory dwelling units are subject to the development standards in Table 8- 5.5004(A).

[1]

Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an accessory dwelling unit or junior accessory dwelling unit that is within or attached to the primary dwelling.

[2]

Notwithstanding the above, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure where the conversion or new construction will have the same dimensions as the existing structure.

[3]

If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than 4 ft. if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than 150 square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit.

[4]

This maximum height requirement only applies to new construction. If an accessory dwelling unit will be located completely within an existing structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.

(e)

Junior Accessory Dwelling Units. Junior accessory dwelling units shall be subject to the following additional requirements.

(1)

Development Standards. Junior accessory dwelling units are subject to the development standards in Table 8-5.5004(B).

(2)

The city may require an inspection of the junior accessory dwelling unit, including the imposition of a fee adopted by city council resolution for that inspection, to determine if the junior accessory dwelling unit

complies with the application therefor, and applicable building standards.

(3)

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

(4)

This subsection shall not be construed to prohibit the city from requiring parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as those requirements apply uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.

(5)

A deed restriction running with the land must be recorded which provides that the unit shall not sold separately from the primary dwelling, and that the deed restriction may be enforced against future purchasers, and a restriction of the size and attributes of the junior accessory dwelling unit the conforms with this section.

(6)

Owner occupancy required. The owner must reside at the residence; they may reside in the primary residence or the junior accessory dwelling unit. This requirement shall not apply if the owner is another governmental agency, land trust, or housing organization.

(f)

State Exemption Accessory Dwelling Units and Junior Accessory Dwelling Units.

(1)

All objective development standards provided for in this section shall apply to state exemption accessory dwelling units and junior accessory dwelling units to the extent they do not conflict with any provision of this subsection.

(2)

Notwithstanding anything else to the contrary in the section, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any accessory dwelling unit or junior accessory dwelling unit that complies with the following standards (a "state exemption" accessory dwelling unit or junior accessory dwelling unit). The City's standards relating to lot coverage, floor area ratio, open space, or minimum lot size will not preclude the construction of a state exemption accessory dwelling unit or junior accessory dwelling unit. No development or design standards

a.

One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

(i)

The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

(ii)

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

(iii)

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

(iv)

The junior accessory dwelling unit complies with the requirements of subsection (e), above.

b.

One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:

(i)

A total floor area limitation of not more than 800 square feet.

(ii)

A height limitation as provided in Tables 8-5.5004(A) and (B), as applicable.

c.

Multifamily dwellings.

(i)

Multiple accessory dwelling units are allowed within the portions of existing multifamily 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

(ii)

Not more than 8 detached accessory dwelling units on a lot with an existing multifamily dwelling; however, the number of allowable accessory dwelling units shall not exceed the number of existing units on the lot, subject to the height limitations provided in Table 8-5.5004(A), and rear and side setbacks of at least four feet.

(iii)

Not more than two detached accessory dwelling units on a lot with a proposed multifamily dwelling, subject to a height limitation pursuant to Table 8-5.5004(A), as applicable, and rear yard and side setbacks of at least four feet.

(iv)

If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling shall not be a condition for approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection (c).

(3)

Correction of nonconforming zoning conditions shall not be required.

(4)

The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

(5)

A state exemption accessory dwelling unit or junior accessory dwelling unit shall not be used as a shortterm rental, in accordance with section 17.02.026. (Short-term Rentals and Advertisement of Short-Term Rentals.)

(6)

Any accessory dwelling unit that shall be connected to an onsite wastewater treatment system must provide, as part of its application, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

(7)

A new or separate utility connection directly between a state-exemption accessory dwelling unit and the utility shall not be required, or a related connection fee or capacity charge imposed, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342 of the Government Code.

(g)

Accessory Dwelling Unit and Junior Accessory Dwelling Unit Approval Process.

(1)

Accessory dwelling units and/or junior accessory dwelling units, either attached or detached, which adhere to the standards in this section shall be approved or denied ministerially by the Development Services Department prior to issuance of a building permit.

(2)

An application to create or serve an accessory dwelling unit or junior accessory dwelling unit on a lot with an existing dwelling that meets all applicable standards described in this chapter shall be approved or denied ministerially within 60 days after the City receives a completed application, without need for a hearing and notwithstanding any ordinance regulating the issuance of variances or special use permits. If the completed application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the completed application may be delayed until the single-family or multifamily dwelling application is acted upon.

a.

If denied, the City shall provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.

b.

If an applicant requests a delay, the 60-day time period may be tolled for the period of the delay.

c.

If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

d.

No City ordinance, policy, or regulation, other than this chapter shall be the basis for the delay or denial of a building permit or a use permit under this section.

(3)

Consideration and issuance of a permit for an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on correction of nonconforming zoning conditions or building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.

(4)

Any new accessory dwelling unit or junior accessory dwelling unit may not be converted to primary dwelling unit space or to any other use for a minimum of 20 years from construction.

(5)

The filing fee for an accessory dwelling unit or junior accessory dwelling unit application shall be established by resolution of the city council.

(6)

The City shall not deny a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018 absent a finding that correcting the violation is necessary to protect the health and safety of the public

or the occupant of the accessory dwelling unit, or if the structure is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

(7)

The city shall allow preapproval of accessory dwelling unit plans as per Section 65852.27 of the Government Code effective 1/1/2025.

(Ord. No. 006-22, § 10, 3-15-2022; Ord. No. 010-24, § 5, 11-19-2024)

Editor's note— Ord. No. 010-24 amended the title of § 8-5.5004 from "Accessory dwelling units" to "Accessory Dwelling Units and Junior Accessory Dwelling Units" as herein set out above.

Sec. 8-5.5005. - Second units and two-unit developments.

(a)

Purpose. The purpose of this section is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.

(b)

Ministerial review; standard for denial.

(1)

Notwithstanding any other provision of this Code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.

(2)

An application for a second unit or a two-unit development shall be reviewed by the Development Services Director through the zoning clearance review process, subject to applicable fees.

(3)

Notwithstanding subsection (b)(1), the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(c)

General requirements. Proposed second units and two-unit developments:

(1)

Shall be located in the R-1 zoning district;

(2)

Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (A)(6)(K), inclusive, of Government Code Section 65913.4;

(3)

Shall not require or allow the demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

(4)

Shall not require or allow the demolition of more than 25% of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;

(5)

Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and

(6)

Shall not be located within a Historic District or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

(d)

Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:

(1)

Configuration. A second unit, and both units of a two-unit development, may be attached to, adjacent to, or detached from any other structure on the parcel, subject to subsections (c)(3) and (c)(4).

(2)

Size. A second unit, and both of the units in a two-unit development, shall be no larger than 1,200 square feet in floor area each.

(3)

Height. A second unit, and both of the units in a two-unit development, shall be no taller than 16 ft. in height from ground level and shall be one story. This maximum height requirement only applies to new construction. If a second unit will be located completely within an existing permitted structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.

(4)

Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 ft. from the side and rear lot lines.

(5)

Parking.

a.

One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two-unit development.

b.

Notwithstanding subsection (d)(5)a., no parking spaces are required for a second unit or a two-unit development if either:

(i)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or

(ii)

There is a car share vehicle located within one block of the parcel.

(6)

Separate entrances. A second unit, and both of the units in a two-unit development, shall have a separate entrance.

(7)

Wastewater.

a.

Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

b.

Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an on-site wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer finds that the on-site wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

(8)

Additional development standards. Except as provided in subsections (d)(1) through (d)(7), second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

(9)

Limitation on enforcement of development standards. With the exceptions of the setback requirements in subsection (d)(4) and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area.

(e)

Total number of units.

(1)

This section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.

(2)

Notwithstanding any other provision in this section, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 8-2.1606.

(f)

Design standards. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

(g)

Rental term. Second units and the units in a two-unit development shall not be rented for a term of less than 31 consecutive days.

(Ord. No. 006-22, § 11, 3-15-2022)

Article 51. - Specific Standards for Various Commercial, Industrial and Public Utility Buildings or Uses

Sec. 8-5.5101. - Temporary use of a commercial coach.

A commercial coach to be temporarily used as an office in a commercial or industrial district, must meet the following standards in addition to any other conditions imposed by the use permit:

(a)

The commercial coach shall bear the tag or seal of the State as required by the Health and Safety Code of the State.

(b)

The commercial coach shall carry a current State license.

(c)

The commercial coach shall be kept mobile.

(d)

Skirting shall be provided along all sides of the commercial coach.

(e)

The exterior surface and roofing materials shall be consistent with those materials normally used in the construction of permanent office facilities.

(f)

Parking spaces shall be provided for the occupants of the commercial coach as required by Article 61.

(g)

The maximum term of the use permit is one year. Prior to the expiration of the use permit, the applicant may request one-year extension of time. Upon conclusion of either the initial one-year period or, if granted by the Planning Commission, the one-year extension of time, the commercial coach shall be removed, and the site shall be returned to its natural state.

(§ 8-5.5101, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 002-10, eff. April 1, 2010)

Sec. 8-5.5102. - Permanent use of a commercial coach.

(a)

Commercial coach as mobile home sales office. A commercial coach may be used as a sales office for a mobile home sales facility, provided that the standards in Section 8-5.5101 of this article, above (except the time limits) are met, and all other site development standards required for primary use are met.

(b)

Commercial coach as classrooms for K-12 schools. A commercial coach may be used as classrooms for schools that provide kindergarten through 12th-grade educational instruction, provided that the standards in Section 8-5.5101 of this article, above (except the time limits) are met, and all other site development standards required for the use are met. The commercial coach is required to comply with all applicable building, fire, and life safety codes, including, but not limited to, Title 4, Chapter 5 of the Yuba City Municipal Code.

(c)

Commercial coach as an ancillary office for an industrial use. A commercial coach nay be used as an office in the M-1 or M-2 District, provided that the office is clearly ancillary to a principally-permitted use in the district in which the office is proposed to be located. The commercial coach must be located on the same site as the primary industrial use that it is intended to support. The issuance of either a zoning clearance of a use permit is required prior to the installation of a commercial coach to be used as an office in the M-1 or M-2 District.

(1)

A zoning clearance for the use of a commercial coach as an ancillary office for an industrial use may be issued, subject to the following requirements:

(i)

The standards in Section 8-5.5101 of this article, above (except the time limits) are met, and all other site development standards required for the primary use and ancillary office use are met.

(ii)

The commercial coach is required to comply with all applicable building, fire, and life safety codes, including, but not limited to, Title 4, Chapter 5 of the Yuba City Municipal Code.

(iii)

The commercial coach shall be less than 10,000 square feet in area.

(iv)

The commercial coach shall be fully screened from view of the public right-of-way, either by landscaping or by other buildings.

(2)

Provided that all of the standards listed in Section 8-5.5102(c)(1) are met, with the exception of items (iii) and (iv), a use permit may be requested for the use of a commercial coach as an ancillary office for an industrial use, in accordance with the requirements of Article 70 of this chapter.

(§ 8-5.5102, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 002-10, eff. April 1, 2010)

Sec. 8-5.5103. - Temporary outdoor sales.

(a)

The following are permitted in all commercial and industrial districts:

(1)

Sidewalk and parking lot display and sales. Promotional sales events held outside the confines of the commercial or manufacturing structure(s) in which such business is normally conducted may be conducted by one or more businesses subject to the following:

(i)

Merchandise display areas within ten ft. of the building (provided they are not in the parking area) are permitted, subject to subsection (a)(1)(iii) below.

(ii)

Parking lot sales are permitted quarterly for up to one week with the issuance of a zoning clearance (Section 8-5.7002) and on weekends between noon Friday and noon Monday. Both are subject to subsection (a)(1)(iii) below.

(iii)

Sidewalk and parking lot display and sales are subject to the following criteria:

A.

The outdoor display/sales shall be located on a paved or concrete area on the same lot as the structure(s) containing the business.

B.

Sales are limited to merchandise which is normally displayed and sold within the structure(s) containing the business.

C.

Sales events shall be conducted solely on private property and not encroach within the rights-of-way.

D.

Location of the displayed merchandise shall be such that fire, safety and pedestrian access is maintained.

(2)

Annual sales of Christmas trees, fireworks, pumpkins and related items.

(3)

Fundraising sales for up to three days per event conducted on a site by a nonprofit organization, not to be conducted more frequently than four times per year per site.

(b)

The following is prohibited in all commercial and industrial districts:

The parking of private used automobiles in commercial and industrial parking lots for the express purpose of offering the vehicle for sale. This does not apply to bona fide vehicle sales lots.

(§ 8-5.5103, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5104. - Recycling collection facilities.

In the zone districts that permit this use, recycling collection facilities must meet the following criteria:

(a)

The facility shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Yuba City;

(b)

The facility shall be set back at least ten ft. from any street line and shall not obstruct pedestrian or vehicular circulation;

(c)

The facility shall accept only glass, metal, plastic containers, paper and reusable items;

(d)

The facility shall use no power-driven processing equipment except for reverse vending machines;

(e)

The facility shall store all recyclable material in containers or in a mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

(f)

Shall be maintained free of litter and any other undesirable materials, and mobile facilities for which truck or containers are removed at the end of the collection day, shall be swept at the end of the collection day;

(g)

Shall not exceed noise levels of 60 decibels as measured at the property line of residentially zoned or occupied property;

(h)

Facilities shall not be located within 100 ft. of a property zoned or occupied for residential use;

(i)

Containers shall be clearly marked to identity the type of materials that may be deposited; the facility shall be clearly marked to identity the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside of the recycling enclosure or containers;

(j)

Signs may be provided as follows:

(1)

Recycling facilities may have identification signs comprising a maximum of 16 square ft.;

(k)

The facility shall not impair the landscaping required by local ordinance for any concurrent use or any permit issued pursuant thereto;

(l)

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless either of the following conditions exist:

(1)

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

(§ 8-5.5104, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5105. - Sex oriented businesses.

(a)

Purpose. The City Council finds that sex oriented entertainment businesses have objectionable and deleterious operational characteristics and effect on adjacent areas, particularly when located in close proximity to each other, located in the vicinity of facilities frequented by minors, and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area and preserve the public health, safety and welfare of the citizenry.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

"Sex oriented entertainment business" shall mean any sex oriented bookstore, sex oriented motion picture theater, sex oriented hotel or motel, sex oriented motion picture arcades, sex oriented cabaret, model studio, sexual encounter center, or any other business or establishment which offers its patrons services or entertainment of which a preponderance of the business is characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

"Sex oriented bookstore" shall mean an establishment where a preponderant portion of its stock in trade books, magazines and other periodicals is distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a preponderant segment or section devoted to the sale or display of such material.

(3)

"Sex oriented motion picture theater" shall mean an enclosed or unenclosed building or structure where a preponderant portion of the material presented therein is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(4)

"Sex oriented hotel or motel" shall mean a hotel or motel wherein a preponderant portion of any material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(5)

"Sex oriented motion picture arcade" shall mean any place to which the public is permitted or invited wherein coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons, and

where a preponderant portion of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(6)

"Sex oriented cabaret" shall mean a nightclub, theater or other establishment which features live performances where a preponderant portion of the performances are by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, whose performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(7)

"Model studio" shall mean any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

(8)

"Sexual encounter center" shall mean any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

(9)

"Specified sexual activities" may include:

(i)

Human genitals in a state of sexual stimulation or arousal;

(ii)

Sex acts normal or perverted, actual or simulated, including but not limited to masturbation, ejaculation, sexual intercourse, coitus, oral copulation, anal intercourse, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, or zooerasty;

(iii)

Fondling or other touching or sexual stimulation of human genitals, pubic region, buttock, anus or female breast;

(iv)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

(v)

Touching, fondling, masturbating, copulating or other erotic or lewd contact with an animal by a human being;

(vi)

Human excretion, urination, menstruation, vaginal or anal irrigation.

(10)

"Specified anatomical areas" shall include:

(i)

Less than completely and opaquely covered (a) human genitals or pubic region; (b) buttock; (c) anus; (d) female breast below a point immediately above the top of the areola; and

(ii)

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

(c)

Special regulations.

(1)

The establishment of any sex oriented entertainment business in any zone wherein such use is permitted under the provisions of this chapter shall comply with the special regulations contained in this section in addition to the regulations applicable to the zone wherein the use is established. No sex oriented entertainment business shall be established:

(i)

Except in a General Commercial (C-3) District;

(ii)

Within 500 ft. of any area zoned or used for residential purposes;

(iii)

Within 1,500 ft. of any other sex oriented entertainment business;

(iv)

Within 500 ft. of any public or private school, public park, playground, recreational area, public building, church, or any noncommercial establishment operated by a bona fide religious organization.

(2)

The establishment of any sex oriented entertainment business shall include the operating of such a business as a new business, the relocating of such business, or the conversion of an existing business location to any sex oriented entertainment business use.

(3)

Distances required by this section shall be measured from the nearest property lines of the parcels on the zone in question or containing the use in question.

(4)

All windows, doors or other apertures shall be architecturally screened or otherwise obscured so as to prevent the viewing of the interior of the sex oriented entertainment business from without.

(5)

No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way.

(6)

All sex oriented entertainment businesses shall provide security personnel to control behavior of both indoor and outdoor patrons so they do not violate any laws. The security personnel shall be provided at a ratio of one per ten parking spaces.

(7)

No loitering or consumption of alcoholic beverages shall be allowed in sex oriented entertainment business parking lots. Parking lots shall contain signage stating that loitering and consumption of alcoholic beverages are prohibited in parking lots.

(8)

Total wall sign area shall not exceed 20 square ft. Businesses located on a corner lot may have a maximum of 25 square ft. No signage associated with the business, including monument signs, shall be visible from a State highway.

(9)

Parking shall be provided at a ratio of one space per two seats and/or one space per 100 square ft. of gross leasable floor area, as determined by the Planning Department. The Department's determination shall be based on the extent to which the sex oriented entertainment business provides seating for patrons.

(10)

Hours of operation of the business shall be limited to between 10:00 a.m. and midnight daily.

(d)

Waiver of locational provisions.

(1)

Any property owner or his or her authorized agent may apply to the Planning Commission for a waiver of any locational provisions as set forth in this section. The Planning Commission, after a hearing, may waive any locational provisions, if all of the following findings are made:

(i)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

(ii)

The possible harm created by the proposed use is outweighed by its benefit;

(iii)

The proposed use will not enlarge or encourage the development of a blighted or skid row area;

(iv)

The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;

(v)

All applicable regulations of this chapter will be observed.

(2)

Notwithstanding any other provision of this Code, original jurisdiction to hear applications for waivers under this section is vested in the Planning Commission. The procedure for this hearing shall be the same as that provided for in this chapter for the issuance of conditional use permits by the Planning Commission, including the same notice requirements, the same right of appeal to the City Council and the same fees payable by the applicant.

(§ 8-5.5105, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 012-94, eff. January 5, 1995; §§ 1, 2, Ord. 04-95, eff. March 23, 1995)

Sec. 8-5.5106. - Resource extraction.

(a)

On-site use. As part of a development project, existing on-site natural resource materials may be processed for utilization as construction materials necessary to construct an approved project on the same site. This shall not be construed to permit the installation of permanent processing facilities, the importation of materials to be processed, or the commercial excavation of natural resources to be sold off-site.

t of a development project, existing on-site natural resource materials may be processed for utilization as construction materials necessary to construct an approved project on the same site. This shall not be construed to permit the installation of permanent processing facilities, the importation of materials to be processed, or the commercial excavation of natural resources to be sold off-site.

(b)

Exportation of resources. Because the operation of extracting resources must occur where the resource lies, the commercial excavating of natural materials for off-site sale for building or construction purposes may be permitted, provided that a use permit (Section 8-5.7003) is first secured. This is not intended to apply to gravel crushing or cement of asphalt batch plants, which must be located in an M-2 District.

(§ 8-5.5106, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5107. - Public utilities and telecommunication facilities.

(a)

Public utilities. All underground and aboveground utility installations, and single poles 60 ft. in height or less, provided they are for local service, are permitted in all districts, except that a use permit (Section 8- 5.7003) shall be required for substations, transmission lines, towers, single poles over 60 ft. in height, generating plants and similar facilities.

(b)

Telecommunication facilities.

(1)

Purpose. The purpose of this section is to encourage the appropriate location and development of wireless communication facilities. The City wants to minimize the impact of such sites by encouraging their location on existing structures, collocating on existing communication structures, and making provisions on their facility for future collocation opportunities and by applying appropriate siting standards for standalone facilities.

(2)

Applicability. Wireless communication facilities are permitted, subject to the provisions of this section, in C- O, C-2, C-3 and C-M Commercial Districts and M-1 and M-2 Industrial Districts and PF Public Facilities District. The following types of antennas shall be exempt from the provisions of this section if, and to the extent that, a permit issued by the California Public Utilities Commission (CPUC), or other applicable Federal or State law specifically provides that the antenna is exempt from local government regulation: noncommercial antennas, including dish antennas, television and radio antennas, and antennas used in amateur radio.

(3)

Zoning clearance. A zoning clearance may be issued for the installation of any wireless communication facility provided the following standards are complied with:

(i)

The wireless communication facility consists of a monopole as defined by Section 8-5.8039(a). Maximum height of the facility shall not exceed 60 ft. in the C Districts or 80 ft. in the M and PF Districts.

(ii)

The equipment shelter or cabinet must be concealed to the extent possible from public view and be made compatible with the architecture of surrounding structures. The equipment shelter or cabinet shall be regularly maintained.

(iii)

The shelter or cabinet shall meet the building setback standards established in the district in which the facility is to be located.

(iv)

Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.

(v)

All equipment, antennas, poles or towers shall be painted or otherwise treated to minimize visual impact. Antennas mounted on the side of a building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color.

(vi)

Roof-mounted antennas may extend one ft. up for each one ft. setback from the edge of the building to a maximum of 60 ft. in the C Districts and 80 ft. in the M and PF Districts. Antennas mounted on the side of a building shall not extend above the building parapet. Ancillary roof-mounted equipment shall be screened from public view.

(vii)

The applicant shall agree to accept proposals from future applicants to collocate at the approved site. An exception to this requirement may be made by the Community Development Director if the applicant provides evidence that such collocation would adversely affect the facility's capability of providing necessary communication services.

(4)

Use permit. Wireless communication facilities that cannot meet the provisions or that exceed the height limitations for the issuance of a zoning clearance shall obtain approval of a use permit (Section 8-5.7003) from the Planning Commission.

(i)

In reviewing applications pursuant to this section, the City shall not unreasonably discriminate among providers of functionally equivalent services.

(ii)

Any decision to deny a permit shall be in writing and supported by substantial evidence contained in a written record.

(5)

Removal of facilities. The operator of a wireless communication facility shall be required to remove all unused or abandoned equipment, antennas, poles or towers within 30 days of abandonment. The facility shall be deemed abandoned if it has not been operational for a consecutive six-month period.

(§ 8-5.5107, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 04-97, eff. December 4, 1997; § 1, Ord. 06-01, eff. August 16, 2001)

Sec. 8-5.5108. - Carnivals, fairs and festival events.

All carnivals, fairs and festival events to be located on private property must obtain a zoning clearance (Section 8-5.7002). Carnivals or similar type events shall be permitted in C-2 and C-3 Districts, limited to twice a year between the hours of 8:00 a.m. and 11:00 p.m. not to exceed five consecutive days. Prior to the issuance of the zoning clearance the event representative shall submit, at least seven days prior to the event, to the Planning Director the following:

(a)

A letter from the property owner(s) granting permission for the event to be held on their property.

(b)

Written notice(s) describing the event, including the event proponent, location, days and hours of operation, along with addressed and stamped envelopes for all developed properties adjoining the event site. Staff will be responsible for mailing the notices to the adjoining property owners.

(c)

The Police Department must approve and verify to the Planning Department that the event will have security which meets the Police Department standards.

After the above information has been submitted and approved by the Planning Director, a zoning clearance may be issued.

(§ 8-5.5108, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995)

Sec. 8-5.5109. - Reserved. Sec. 8-5.5110. - Reserved. Sec. 8-5.5111. - Emergency shelters.

Emergency shelters shall be subject to the development standards in the zone district(s) that permit this use. In accordance with the authority granted to the City in Government Code § 65583(a)(4), emergency shelters shall also meet the following standards:

(a)

Location. An emergency shelter shall not be located within 250 ft. of another emergency shelter.

(b)

Maximum number of beds. The emergency shelter shall be limited to 25 beds.

(c)

Length of stay. Occupancy for any one individual in the emergency shelter shall be limited to six months.

(d)

Parking. Off-street parking shall be provided at the ratio of one space per six beds, plus one space per manager or staff person on duty.

(e)

On-site waiting and intake areas. If the emergency shelter provides on-site waiting and intake areas, such areas shall be located either inside the facility or fully screened from view of the public right-of-way and neighboring properties.

(f)

Management plan. Prior to commencing operation, the emergency shelter provider must have a written management plan which shall be approved by the Community Development Director. The management plan must include the following:

(1)

Provisions for staff training;

(2)

Resident identification process;

(3)

Neighborhood outreach;

(4)

Policies regarding pets;

(5)

Timing and placement of outdoor activities;

(6)

Temporary storage of residents' belongings;

(7)

Safety and security;

(8)

Screening of residents to ensure compatibility with services provided at the facility;

(9)

Description of training, counseling, and social service programs provided for residents, if applicable.

(§ 1, 009-10, eff. September 16, 2010)

Sec. 8-5.5112. - Rotating church cold weather shelters.

Existing churches shall be allowed to operate a rotating cold weather shelter program from within their facilities during the months of November 1 through April 30 through the zoning clearance process, subject to the following standards:

(a)

The maximum number of participants that can stay at a single church facility is 30 people.

(b)

The maximum length of stay at a participating church facility by an eligible participant is seven days. Once a church facility has hosted a cold weather shelter for seven days, the church shall wait 21 days before serving as a cold weather shelter again.

(c)

Eligible participants at the shelter(s) shall be oriented to families.

(d)

Eligible participants shall be brought to the participating church facility not before 6:00 p.m. and shall depart the facility by 7:30 a.m. the next day.

(e)

As part of the zoning clearance process, participating churches in the rotating cold weather shelter program shall submit an operations plan that provides the following information:

(1)

Screening process for eligible participants.

(2)

Occupancy schedule.

(3)

No loitering policy.

(4)

Transportation plan.

(§ 8, Ord. 015-10, eff. December 16, 2011; § 1, Ord. 007-11, eff. December 15, 2011)

Article 52. - Cannabis Uses[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 011-17, §§ 3, 5, adopted November 21, 2017, repealed the former Art. 52, § 8- 5.5201, and enacted a new Art. 52 as set out herein. The former Art. 52 pertained to specific use prohibitions and derived from § 1, Ord. 001-05, eff. February 17, 2005; § 1, Ord. 003-05, eff. April 14, 2005.

Sec. 8-5.5201. - Purpose.

It is the purpose and intent of this article to regulate the cultivation of medical cannabis pursuant to the Compassionate Use Act (Health and Safety Code § 11362.5 ("CUA") or the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et. seq.) ("MMPA") and the cultivation of non-medical cannabis pursuant to Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), and amended by the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), in a manner that protects the health, safety and welfare of the public.

In addition, this article imposes zoning restrictions on commercial cannabis businesses in the City as authorized and/or licensed by the State of California pursuant to State law. This article is not intended to, and does not, give any person or entity independent legal authority to operate a cannabis business. Moreover, this article is intended to implement reasonable regulations to regulate the cultivation of medical and non-medical cannabis in a manner that protects the health, safety and welfare of the public consistent with the CUA, MMPA, AUMA and MAUCRSA. Nothing in this article is intended to authorize the cultivation, possession or use of medical or non-medical cannabis in a manner in violation of State or Federal Law.

(Ord. No. 011-17, § 5, 11-21-2017)

Sec. 8-5.5202. - Applicability.

No part of this article shall be deemed to conflict with federal law, as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or any other local, state, or federal law, statute, rule, or regulation. Nothing in this article shall be construed to allow any conduct or activity relating to commercial cultivation, distribution, dispensing, sale or consumption of cannabis that is otherwise illegal under local or state law, unless expressly permitted. No provision of this article shall be deemed a defense or immunity to any action brought against by person by the District Attorney's office, the Attorney General of the State of California, or the United States of America.

(Ord. No. 011-17, § 5, 11-21-2017)

Sec. 8-5.5203. - Commercial cannabis activity prohibited.

(a)

The establishment or operation of any business or entity engaged in commercial cannabis activity is prohibited in all zoning districts in the City. Such prohibited businesses or operations may include, but are not limited to:

(1)

Cannabis distribution facility.

(2)

Cannabis laboratories and research.

(3)

Cannabis manufacturing.

(4)

Medical cannabis collective, cooperative, dispensary, operator, establishment, or provider.

(5)

The transportation, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories.

(6)

Delivery regardless of whether the delivery is initiated within or outside of the City, and regardless of whether a technology platform is used for delivery by a dispensary. This subsection does not apply to delivery services that are using public roads to travel through the City as permitted under state law, although such delivery services must comply with all other state laws and local ordinances as applicable.

(7)

Any other business licensed by the state or other government entity pursuant to the MCRSA, AUMA, or MAUCRSA as they may be amended from time to time.

(8)

Cannabis cultivation unless expressly permitted by this article.

(Ord. No. 011-17, § 5, 11-21-2017)

Sec. 8-5.5204. - Cannabis cultivation.

The following regulations shall apply to the cultivation of cannabis within the City:

(a)

Cannabis cultivation. It is hereby declared to be unlawful and a public nuisance for any person to cultivate medical or non-medical cannabis within the City limits, except as provided in this Article.

(b)

Residency requirement. A person cultivating cannabis shall reside full-time in the residence where cannabis cultivation occurs.

(c)

Outdoor cultivation. It is unlawful and a public nuisance for any person to cause or allow any property within the City limits to be used for the outdoor cultivation of cannabis plants.

(d)

Residential structure cultivation. It is unlawful and a public nuisance for any person to cultivate cannabis inside any residential structure or building without registering with the City for cannabis cultivation; issued by the Development Services Director or his or her designee, as provided herein.

(e)

Indoor cultivation. The indoor cultivation of cannabis shall only be conducted within a detached, fullyenclosed and secure structure or within a residential structure conforming to the following minimum standards:

(1)

The registration of any detached structure, regardless of square footage, constructed, altered or used for the cultivation of cannabis must be issued by the Development Services Director.

(2)

Indoor grow lights shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of medical or non-medical cannabis.

(3)

Any detached, fully-enclosed and secure structure or residential structure used for the cultivation of medical or non-medical cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3 Mechanical Ventilation. The ventilation and filtration system must be approved by the Building Official and installed prior to commencing cultivation within the detached, fully-enclosed and secure structure or residential structure.

(4)

A detached, fully-enclosed and secure structure used for the cultivation of cannabis shall be located in the rear yard area of a legal parcel or premises, maintain a minimum ten foot setback from the rear yard property line and a side yard setback that is equal to the same side yard setback required for the residential

lot on which the home sits, and the area surrounding the structure or back yard must be enclosed by a solid fence at least six feet in height.

(5)

Cannabis cultivation occurring within a residence and detached structure shall be in a cumulative area totaling no larger than 75 square feet.

(6)

Cultivation of cannabis within a residence and detached structure shall not exceed a total of six cannabis plants, regardless of persons residing on the property.

(7)

Cultivation of cannabis shall not inhibit the occupancy of the residence or take place in the kitchen or bathrooms of any building.

(8)

Cultivation of cannabis shall not take place on any carpeted surface.

(9)

Cannabis cultivation for sale is prohibited.

(10)

Cannabis cultivation areas, whether in a detached building or inside a residence, shall not be conducted by or be accessible to persons under 21 years of age.

(11)

From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring at the property.

(f)

Cultivation registration. Prior to commencing any cannabis cultivation the person(s) owning, leasing, occupying, or having charge or possession of any property where cannabis cultivation is proposed to occur must be registered with the City from the Development Services Director or his/her designee. The following information will be required with the initial registration application and subsequent extensions:

(1)

The owner of the property acknowledges the cultivation of cannabis at the premises on a form provided by the City.

(2)

The name of each person, owning, leasing, occupying, or having charge of any property where cannabis will be cultivated.

(3)

The name of each person who participates in the cannabis cultivation.

(4)

The physical site address of where the cannabis will be cultivated and a description of the growing area(s).

(5)

A signed consent right to entry form, acceptable to the City, authorizing City staff, including the police/planning department, authority to conduct an inspection of the detached, fully enclosed and secure structure or area of the residence used for the cultivation of cannabis upon 24 hours' notice.

(g)

Registration validity.

(1)

The initial registration shall be valid for no more than two years and may be extended in increments of two years.

(2)

To the extent permitted by law, any personal or medical information submitted for medical cannabis or nonmedical cultivation registration or extension shall be kept confidential and shall only be used for purposes of administering this article.

(3)

The Development Services Director, or his/her designee, may, in his or her discretion deny any application for a medical or non-medical cannabis cultivation registration, or extension thereof, where he or she finds, based on articulated facts, that the issuance of such registration, or extension thereof, would be detrimental to the public health, safety, or welfare. The Development Services Director shall deny the registration for a medical or non-medical cannabis cultivation, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this Article. The denial of any registration, or extension, may within ten days after such action, be appealed to the City Manager or his/her designee. Said appeal shall be filed with the City Clerk.

(4)

The Finance Director may establish a fee or fees required to be paid upon filing of registration(s) as provided by this article, which fees shall not exceed the reasonable cost of administering this article.

(Ord. No. 011-17, § 5, 11-21-2017)

An act or activity that does not comply with this article constitutes a violation of this article and is subject to the civil penalties and enforcement as provided in this article.

(Ord. No. 011-17, § 5, 11-21-2017)

(a)

Public nuisance. The violation of this article is hereby declared to be a public nuisance.

(b)

Abatement. A violation of this article may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the summary abatement procedure set forth in subsection (c) of this section.

(c)

Summary abatement procedure.

(1)

The enforcement official is hereby authorized to order the abatement of any violation of this article by issuing a notice and order to abate which shall:

i.

Describe the location of and the specific conditions which represent a violation of this article and the actions required to abate the violation.

ii.

Describe the evidence relied upon to determine that a violation exists, provided that the enforcement official may withhold the identity of a witness to protect the witness from injury or harassment, if such action is reasonable under the circumstances.

iii.

State the date and time by which the required abatement actions must be completed.

iv.

State that to avoid the civil penalty provided in subsection (c)(4) of this section and further enforcement action, the enforcement official must receive consent to inspect the premises where the violation exists to verify that the violation has been abated by the established deadline.

v.

State that the owner or occupant of the property where the violation is located has a right to appeal the notice to abate by filing a written notice of appeal with the City Clerk no later than five business days from the service of the notice. The notice of appeal must include an address, telephone number, fax number, if available, and e-mail address, if available. The City may rely on any of these for service or notice purposes. If an adequate written appeal is timely filed, the owner or occupant will be entitled to a hearing as provided in subsection (c)(3) of this section.

vi.

State that the order to abate the violation becomes final if a timely appeal is not filed or upon the issuance of a written decision after the appeal hearing is conducted in accordance with subsection (c)(3) of this section.

vii.

State that a final order of abatement may be enforced by application to the superior court for an inspection and/or abatement warrant or other court order.

viii.

State that a final order to abate the nuisance will subject the property owner and the occupant to a civil penalty of $250 for each day that the violation continues after the date by which the violation must be abated as specified in the notice and order to abate. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant.

(2)

The notice described in subsection (c)(1) of this section shall be served in the same manner as a summons in a civil action in accordance with Civil Procedure Code Part 2, Title 5, Chapter 4, Article 3 (§ 415.10 et. seq.), or by certified mail, return receipt requested, at the option of the City. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of not less than ten days and publication thereof in a newspaper of general circulation pursuant to Government Code § 6062.

(3)

Not sooner than five business days after a notice of appeal is filed with the City Clerk, a hearing shall be held before the City Manager or a hearing officer designated by the City Manager to hear such appeals. The appellant shall be given notice of the date, time and place of the hearing not less than five days in advance. The notice may be given by telephone, fax, e-mail, personal service or posting on the property. At the hearing, the enforcement official shall present evidence of the violation, which may include, but is not limited to, incident and police reports, witness statements, photographs, and the testimony of witnesses. The property owner and the occupant of the property where the violation is alleged to exist shall have the right to present evidence and argument in their behalf and to examine and cross examine witnesses. The property owner and property occupant are entitled at their own expense to representation of their choice. At the conclusion of the hearing, the City Manager or hearing officer shall render a written decision which may be served by regular first class mail on the appellants.

(4)

A final notice and order to abate the nuisance will subject the property owner or owners and any occupant or occupants of the property who are cultivating cannabis in violation of this article to a civil penalty of $250 for each day that the violation continues after the date by which the violation must be abated as specified in the final notice and order to abate.

(5)

The enforcement official or the City Manager or hearing officer hearing an appeal pursuant to subsection (c) (3) of this section may reduce the daily rate of the civil penalty for good cause. The party subject to the civil penalty shall have the burden of establishing good cause, which may include, but is not limited to, a consideration of the nature and severity of the violation, whether it is a repeat offense, the public nuisance impacts caused by the violation, and the violator's ability to pay. The daily penalty shall continue until the violation is abated. The penalty may be recovered through an ordinary civil action, or in connection with an application for an inspection or nuisance abatement warrant.

(Ord. No. 011-17, § 5, 11-21-2017)

Sec. 8-5.5207. - Remedies and penalties not exclusive.

The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other civil, or administrative remedy or penalty authorized by, or set forth in, the Yuba City Municipal Code. None of the penalties or remedies authorized by, or set forth in the Yuba City Municipal Code shall prevent the City from using any other penalty or remedy under state statute which may be available to enforce this Article or to abate a public nuisance.

(Ord. No. 011-17, § 5, 11-21-2017)

Sec. 8-5.5208. - Definitions.

The following words and phrases shall have the following meanings when used in this article:

(a)

"Bedroom" shall mean a room inside a residential building being utilized by any person for sleeping purposes.

(b)

"Cannabis" means all or any parts of the plant Cannabis sativa Linnaeus, Cannabis indicia, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis, and cannabis as defined by section 11018 of the California Health and Safety Code, as it may be amended. For purposes of this Article, "cannabis" means and includes both cannabis for medical purposes and non-medical, "adult-use" purposes, unless otherwise specified, but does not include industrial hemp.

(c)

"Commercial cannabis activity" means and includes any and all commercial cannabis uses authorized by the state of California and subject to state licensing, including but not limited to cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided in state law, including wholesale and resale of cannabis for medical or non-medical adult use, and including any business, person or entity that conducts or engages in these commercial cannabis activities, regardless of whether a state license has issued.

(d)

"Cannabis distribution facility" means any facility engaged in the procurement, temporary storage, nonretail sales, and transport of cannabis or cannabis products between State-licensed cannabis business, including warehouses and similar structures.

(e)

"Cannabis laboratories and research" means a laboratory, facility, or entity that offers or performs tests or testing of cannabis or cannabis products. It includes start-up or incubator research activities, which typically include but are not limited to research, design, analysis, development, and/or testing of a cannabis product, and laboratories or facilities engaged in scientific research studies, investigation, testing, or experimentation, but not including cannabis manufacturing or sales of cannabis.

(f)

"Cannabis manufacturing" means the compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product. For purposes of this article, cannabis manufacturing expressly includes the production, preparation, propagation, processing, or compounding of cannabis or cannabis products directly or indirectly, including through extraction and/or chemical synthesis methods. Cannabis manufacturing may include distribution of wholesale products from the premises, but shall not include any retail sales of cannabis or cannabis products or other sales to consumers.

(g)

"Cultivation" shall mean the planting, growing, harvesting, drying, or processing of cannabis plants or any part thereof.

(h)

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

(i)

"Detached, fully-enclosed and secure structure" shall mean a building completely detached from a residence that complies with the Yuba City Building Code and has a complete roof enclosure supported by

connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.

(j)

"Rear yard" shall mean the rear open space portion of any premises, whether fenced or unfenced.

(k)

"Residential structure" or "residence" or "private residence" shall mean any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, and includes a house, an apartment unit, a mobile home, or other similar dwelling.

(l)

"Solid fence" shall mean a fence constructed of substantial material (such as wood) that prevents viewing the contents from one side to the other.

(Ord. No. 011-17, § 5, 11-21-2017)

Article 53. - Special Provisions for Mobile and Open Air Vending Operations

The City Council of Yuba City expressly finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on public streets, sidewalks, or alleys and on private property could potentially pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Yuba City. It is the purpose and intent of the City Council, in enacting this article, to provide those persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5310. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Business owner" shall mean any person, firm, or corporation, which owns or controls any interest in any business engaged in vending as defined in subsection (u) of this section.

(b)

"Building complex" shall mean a grouping of any number of buildings that was comprehensively planned as a single or multi-phased project. Building complexes are characterized by shared ingress/egress and

parking improvements and master planned utility infrastructure. Building complexes can be located on the same or separate parcel(s) of land.

(c)

"Commissary" shall mean a food establishment in which food, containers, equipment, or supplies are stored or handled for use in motorized food wagons or conveyance.

(d)

"Conveyance," as used in this chapter, shall mean any vehicle (except motorized food wagons, as defined below), trailer, cart, wagon, or stand, with or without wheels, which may be moved from one place to another under its own power or by other means.

(e)

"Fixed place of business" shall mean a commercial activity operating from an immoveable building or enclosed structure at a permanent location which complies with applicable City, State and Federal regulations.

(f)

"Itinerant merchant," for purposes of this chapter, shall mean any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer.

(g)

"Mobile vendor" shall mean a person conducting commercial activity from either a motorized or nonmotorized vehicle offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vehicle to make a purchase. This term includes mobile caterers, lunch wagons, eating cars, ice cream trucks, pushcarts, bicycle carts, motorized food wagon or conveyance.

(h)

"Mobile unit" shall mean any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.

(i)

"Motor vehicle" shall mean any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.

(j)

"Motorized food wagon" shall mean any vehicle as defined in the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley, highway, or private street, alley, or property within the City of Yuba City. For the purposes of this chapter, a motorized food wagon shall also include any trailer or wagon pulled by a vehicle.

(k)

"Open air vendor" shall mean a person conducting commercial activity from either a motorized or nonmotorized vehicle at a fixed location on private property, offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vending operation to make a purchase. Open air vendor operations are not mobile enough to comply with the time requirements identified for mobile vendors and are therefore constrained to setting up operations at an approved fixed location.

(l)

"Operator's permit" shall mean either a mobile vendor permit or an open air vendor permit as provided for in this article.

(m)

"Peddler," for purposes of this chapter, shall mean any person traveling by ft., motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit.

(n)

"Peddle" and "peddling" shall mean traveling by ft., motorized vehicle, nonmotorized vehicle or any other type of conveyance from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting goods, wares, merchandise, or food and concurrently offering or exposing the same for sale.

(o)

"Peddling" shall mean the act of being a peddler.

(p)

"Permittee" shall mean the person issued a permit to operate either a mobile or open air vending operation by the City of Yuba City.

(q)

"Persons" shall mean any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of motorized food wagons and conveyances.

(r)

"Public sidewalk or street" shall mean all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways or dedicated easements for public rights-of-way.

(s)

"Solicitor," "drummer," or "canvasser" shall mean any person who goes from house to house or from place to place taking, or attempting to take, orders for the sales of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he or she is collecting advance payments. "Canvasser" shall also include any person who goes from house to house or place to place for the purpose of leaving samples and/or advertisements for any goods, wares, or merchandise or for services to be rendered.

(t)

"Traveling merchant" shall mean any person who engages in buying, selling, trading or exhibition for purchase, sale or trade of any goods, wares, merchandise or services door-to-door, street-to-street or on a temporary or intermittent basis from a location which is not a fixed place of business. Traveling merchant includes, but is not limited to mobile street vendors and persons commonly referred to as solicitors, peddlers, hawkers, itinerant merchants, door-to-door salesman and transient vendors.

(u)

"Vend" or "vending" shall mean the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from private or public property.

(v)

"Vendor"/"operator" shall mean any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any goods, wares, or merchandise, or drives, operates, vends, and/or prepares food on or from a motorized food wagon or conveyance.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5315. - Regulation of sales.

It is unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle, motorized food wagon, or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Yuba City except in accordance with all applicable provisions of this Code.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5320. - Permit to operate—Mobile vendors.

A person desiring to engage in a mobile vendor operation, as defined by this article, shall submit a written application for a zoning clearance permit with all supporting information required by the City of Yuba City. Such application shall be accompanied by a nonrefundable, non-transferable application fee in an amount as may be established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. Additionally, the permittee shall display a City issued permit sticker upon each of their mobile unit, motor vehicle, or motorized food wagon as defined herein to demonstrate compliance with the requirements of this article.

(a)

As part of the permit to operate application, the vendor or business owner shall provide the following:

(1)

Name, mailing address, and telephone number of applicant;

(2)

Presentation of a California driver's license, if any, or other photographic identification issued by a State or United States Federal agency establishing the applicant's age as 18 or older;

(3)

Proof of current vehicle registration and a copy of an applicable vehicle insurance policy for any vehicles used in the vending activity;

(4)

Four photographs (showing different exterior views) of each motorized food wagon or conveyance;

(5)

A copy of a current Sutter County Environmental Health permit for any food service vending operation;

(6)

A copy of the vendor or business owner's current business tax certification and applicable Board of Equalization Seller's Permit;

(7)

Business owners must show proof of payment to a commissary for the prior 12 months for all cases involving the reissuance of a permit; and proof of current payment for new vendors;

(8)

Satisfactory proof of insurance as required by Section 8-5.5355;

(9)

A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity.

(b)

A permit to operate shall be granted unless:

(1)

The operator fails to submit a complete application;

(2)

The operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;

(3)

The operator has violated this article within the last 12 months;

(4)

Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe;

(5)

The operator has not otherwise complied with this article.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5325. - Conditions to operate—Mobile vendors.

A person who has obtained a zoning clearance permit to operate a mobile vending operation shall comply with all of the required conditions below or be subject to revocation of the permit as described in Section 8- 5.5360.

(a)

No permittee shall engage in business activity between the hours of 8:00 p.m. and 8:00 a.m., except upon invitation of the occupant or business owner.

(b)

No permittee shall solicit or attempt to solicit on any premises on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner or occupant desire not to be solicited.

(c)

The peddling of goods, merchandise, wares or foods within a public or private parking lot is prohibited, unless the permittee can provide written permission from the property owner of the subject property to be located at said location.

(d)

The permit shall be exhibited by the permittee whenever requested by a law enforcement officer or at the request of any citizen the permittee is engaged in selling or soliciting.

(e)

The permittee shall maintain a valid City of Yuba City Business License at all times.

(f)

No permittee shall peddle goods from any motorized vehicle that is not properly licensed and insured as required by the State of California.

(g)

Any permittee engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Sellers Permit issued by the State Franchise Tax Board.

(h)

No permittee shall intentionally or deliberately obstruct the free movement of any member of the public on any sidewalk, street or public place.

(i)

No permittee shall peddle items or solicit to a captive audience, including persons in lines or seated in public places.

(j)

No permittee shall peddle any prepackaged food unless the items have all State and Federally required food labels and a Sutter County Environmental Health permit, to sell such items.

(k)

Except as otherwise provided, no permittee shall peddle any goods, merchandise, wares or foods by sitting, standing or walking on a public street, or upon a median or parkway within a public street or rightof-way.

(l)

No permittee shall peddle or attempt to peddle to the occupant(s) of a vehicle in a public street or highway.

(m)

The permittee may not park, store or maintain a vehicle on a residentially zoned parcel in the City or a public street in a residential area.

(n)

The permittee shall comply with all California State Vehicle Code Requirements.

(o)

The peddling of goods, merchandise, wares or foods from a nonmotorized vehicle with the exception of bicycle carts shall be limited to the public or private sidewalk. Except for bicycle carts peddling is prohibited from or within a public street or highway.

(p)

The use of amplified music and horns must comply with the City's noise regulations as specified in Title 4, Chapter 17.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5330. - Parking and stopping restrictions—Mobile vendors.

(a)

A mobile vendor may locate and operate in the public right-of-way subject to the following conditions:

(1)

A vendor shall not operate within 100 ft. of any street intersection.

(2)

No mobile vendor shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within 200 ft. of another mobile vendor who has already stopped to conduct business.

(3)

A mobile vendor shall move not less than 600 ft. at least every 30 minutes and may not return to a previous location or within 600 ft. of a previous location on the same calendar day.

(i)

The lone exception to the above requirement is at an industrial building or office building where there are multiple shift changes during the course of a 24-hour day. For those occurrences, a mobile vendor can return to the same location a maximum of two times during a calendar day.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5335. - Condition/appearance of site and motorized food wagon and conveyance—Mobile vendors.

(a)

Any permitted mobile vendor who stops at a site shall maintain the property as follows:

(1)

The site shall be maintained in a safe and clean manner at all times.

(2)

No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted for the customers of the business.

(3)

Exterior storage or display of surplus refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.

(b)

Any permitted mobile vendor shall comply with the following standards for the condition/appearance of their motorized food wagon and conveyance:

(1)

The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.

(2)

Any motorized food wagon or conveyance used in the course of vending shall be entirely self-sufficient in regards to gas, water, and telecommunications.

(3)

Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.

(4)

The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.

(c)

Any permitted mobile vendor shall comply with the following sanitation standards.

(1)

All motorized food wagons or conveyances shall operate out of a commissary pursuant to the requirements of the California Health and Safety Code.

(2)

All motorized food wagons or conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the vendor of the motorized food wagon or conveyance shall pick up all refuse generated by such operation within a 25 ft. radius of the

vehicle before such vehicle is moved. No vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.

(3)

A motorized food wagon or conveyance shall comply with California Health and Safety Code regarding the availability of adequate toilet facilities for use by food service personnel.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5340. - Permit to operate—Open air vendors.

A person desiring to engage in an open air vendor operation, as defined by this article, shall submit a written application for a use permit with all supporting information required by the City of Yuba City. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as may be established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. There must be at least one vendor with a valid permit present whenever vending is taking place.

(a)

As part of the permit to operate application, the vendor or business owner shall provide the same information as specified in Section 8-5.5320(a). In addition, the applicant must also provide the following:

(1)

An affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site;

(2)

A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements, and the location or areas where the proposed vending activity, structures, and improvements related to the vending activity will be located upon the site;

(3)

If the open air vendor is located within 400 ft. of a business selling similar goods and products, then the vendor shall obtain written approval from said business and submit such written approval as part of the application.

(b)

The open air vending application for a use permit shall be forwarded to the Planning Commission for review unless:

(1)

The operator fails to submit a complete application;

(2)

The operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;

(3)

The operator has violated this article within the last 12 months;

(4)

Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe;

(5)

The operator has not otherwise complied with this article.

(c)

Any use permit request for an open air vending operation shall be processed in accordance with Section 8- 5.7003.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5345. - Conditions to operate an open air vending operation.

(a)

Open air vending operations are allowed under the following conditions or be subject to revocation of the permit as described in Section 8-5.5360:

(1)

Vendors may only locate on private property. No open air vending operations shall be allowed on public property, including the public right-of-way.

(2)

Open air vending operations are allowed in areas where there is a large unmet need for service to be offered by the open air vendor; in general, open air vending operations shall only be allowed in the following areas of the City:

(i)

Industrial building/complex greater than 65,000 square ft.

(ii)

Office building/complex greater than 50,000 square ft.

(iii)

Retail building/complex greater than 100,000 square ft.

The Planning Commission may issue use permits for open air vending operations in areas of less square footage than shown above when the findings for issuance of a use permit, as provided in section 8- 5.7003(d), and in particular, finding number (d)(5), can be made, based on information in the record. The obligation to present evidence of an unmet need in areas of less square footage than shown above is the responsibility of the applicant.

(3)

Open air vending operations shall comply with the following development standards:

(i)

An open air vendor shall be incidental to a primary use of the subject property on which it's located, with the primary use having a valid City of Yuba City Business License.

(ii)

An open air vendor shall not be permitted as an accessory use to a stand-alone parking lot.

(iii)

If the open air vendor is located within 400 ft. of a business selling similar goods and products, then the vendor shall obtain written approval from said business before being issued permit to operate.

(iv)

An open air vendor cannot utilize, or be located on, parking spaces required for the primary use at that property.

(v)

An open air vendor cannot be located on a vacant, undeveloped parcel or lot.

(vi)

An open air vendor must be located on a paved concrete or asphalt parking surface.

(vii)

An open air vendor cannot interfere with access, parking, aisles, circulation, driveways, or fire lanes and hydrants.

(viii)

An open air vendor cannot interfere with pedestrian movement or create a pedestrian hazard.

(ix)

An open air vendor shall not peddle any food unless the items have all State and Federally required food labels and a Sutter County Environmental Health permit, to sell such items.

(x)

An open air vendor engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Seller's Permit issued by the State Franchise Tax Board.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5350. - Condition/appearance of site—Open air vendors.

(a)

Any permitted open air vendor who is located at an approved fixed location shall maintain the property as follows:

(1)

The site shall be maintained in a safe and clean manner at all times.

(2)

No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted for the customers of the business.

(3)

Exterior storage or display of surplus refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.

(b)

Any permitted open air vendor shall comply with the following standards for the condition/appearance of their motorized food wagon and conveyance.

(1)

The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.

(2)

Any motorized food wagon or conveyance used in the course of vending shall be entirely self-sufficient in regards to gas, water, and telecommunications.

(3)

Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.

(4)

The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5355. - Insurance requirements.

To obtain an operator's permit from the City, the operator must demonstrate that it maintains, at its sole expense, liability insurance meeting the following requirements:

(a)

General liability coverage of $1,000,000 per occurrence for bodily injury personal injury and property damage.

(b)

Separate commercial automobile liability insurance for each motor vehicle proposed to be operated within the City pursuant to the operators permit, with at least the following limits of liability: $1,000,000 per accident for bodily injury and property damage.

(c)

Evidence that the operator has procured workers compensation insurance covering all employees of the operator.

(d)

Required insurance must be issued by companies admitted to do business in California, with a current A.M. Best rating of no less than A:VI. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

(e)

Each insurance policy required by this Section 8-5.5355 shall provide a minimum scope of insurance at least as broad as:

(1)

Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).

(2)

Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).

(f)

The general liability and automobile liability policies are to contain the following provisions:

(1)

The City, its officers, agents, officials, employees and volunteers must be named as additional insureds under the policies. General liability coverage shall be provided in the form of an additional insured endorsement (CG 20 10 11 85 or equivalent) to the operator's insurance policy, or as a separate owner's policy.

(2)

For any claims related to the operator's permit or vehicle, the operator's insurance coverage shall be primary insurance as respects the City, its officers, agents, officials, employees and volunteers.

(3)

Each insurance policy required by this Section 8-5.5355 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

(4)

Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or the operator shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5360. - Revocation of permits.

Any permit issued by the City under this article may be revoked by the issuing party for any of the following reasons, including but not limited to the following:

(a)

The existence of any fact which, at the time of application, would have caused the City to deny the application, whether such fact existed at the time of the application or occurred thereafter;

(b)

Any violation of laws relating to the requirements for operation of a mobile or open air vending operation;

(c)

Failure to maintain insurance as required by this article;

(d)

Failure to maintain a mobile or open air vending operation in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a permit;

(e)

Fraud, misrepresentation, or a false statement made in the course of applying for a permit or carrying on the business of a vendor;

(f)

The conviction of any crime or misdemeanor involving moral turpitude;

(g)

Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public; or

(h)

Any violation of this article.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5365. - Appeal of revocation or denial.

An operator or applicant to for an operator's permit shall be entitled to appeal the City's decision to revoke or deny a permit by filing a written notice of appeal with the City Clerk within ten days from the date the notice of revocation or denial is mailed. The appeal shall set forth the reasons why such action is not

proper. Failure to set forth specific reasons why the action is improper or to timely file such appeal shall constitute a waiver of the right to appeal, and the proposed adverse action shall become final. The appeal shall be conducted pursuant to the provisions of Article 70 of the Zoning Code.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5370. - Exceptions.

The provisions of this article shall not apply to:

(a)

Any person engaged in vending conducted in connection with the operations of a State-certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Yuba City.

(b)

Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.

(c)

Persons invited to call upon private residences or businesses that operate from a fixed place of business located in or outside the City limits.

(d)

Persons selling or soliciting sales of daily or weekly newspaper as defined by the California Government Code.

(e)

Persons soliciting or canvassing on behalf of or against any candidate for public office or any ballot initiative.

(f)

Persons engaged in selling or soliciting sales as a fundraiser for a local school, civic or nonprofit corporation. For the purposes of this section, local shall mean within a seven-mile radius of the City limits.

(g)

Persons engaged in religious solicitation or other protected religious activities.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5375. - Applicability of regulations to existing vending operations.

The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law except for those three preexisting businesses identified by the City Council which shall be required to enter into a separate agreement with the City to allow for the continued operation of those businesses (which include: Fat Daddy's Hot Dogs; Fotine's Greek Café; and Rosie's Snobiz). Said agreement, among other things, shall specify that the operators of those three pre-existing, nonconforming businesses can continue to operate at their current locations, selling those items currently sold. The right to operate these businesses shall not be transferable and no expansion of the site or business shall be allowed. These businesses must obtain the insurance required by this article, comply with all applicable Sutter County Health Department regulations and possess a valid City of Yuba City Business License at all times of operation.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5380. - Penalties.

Any person violating any provisions or failing to comply with any of the mandatory requirements of this article is subject to the following penalties:

(a)

Violations are subject to enforcement by any means authorized in this Code, including but not limited to the administrative enforcement provisions established in Section 1-6.010 of the Municipal Code;

(b)

Revocation of permit to operate/conditional permit to operate as defined herein in Section 8-5.5360.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Sec. 8-5.5385. - Enforcement.

The provisions of this article may be enforced by any peace officer, or the Director of Community Development or his/her designee.

(§ 2, Ord. 004-10, eff. June 17, 2010)

PART IV. - DEVELOPMENT STANDARDS Article 55. - Building Sites

Sec. 8-5.5501. - Measurements.

All measurements of land and structures shall be computed to the nearest foot.

(§ 8-5.5501, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5502. - Creating new lots.

(a)

Depth to width ratio. Any lot created after the effective date of this chapter shall not be greater than three times deeper (front to rear) than it is wide (side to side) except as follows:

(1)

When created as part of an overall development project with unified site design. The site development plans and intended uses must be approved concurrently with the land division; or

(2)

The lot is created as part of a condominium or similar type project that has a unified site design and the parcel is needed for access, landscaping or other common use; or

(3)

The resulting lot has a minimum width of 300 ft.

(b)

Exceptions.

(1)

Public uses and public utilities. The minimum building site in any district shall not apply to lots created for public use or public utility.

(2)

Condominiums. The minimum lot size provided in any district does not apply to condominium developments.

(§ 8-5.5502, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5503. - Buildable lots.

(a)

Substandard sized lots. All legally created lots of record that contain less area than required by the applicable district are considered a building site if one of the following criteria is met:

(1)

All other development standards of the district in which the lot is located, except lot size, are met; or

(2)

A variance (Section 8-5.7004) for the building is approved by the Planning Commission.

(b)

Plot plan approval. When a plot plan has been filed for a building permit upon which a single lot of record or contiguous lots of record under one ownership are shown to contain a single building site, no part of the property may be used for an additional building site, unless a new plot plan for the entire property, conforming to all the provisions of this chapter, is filed with the Building Inspector for approval by the Planning Director.

(§ 8-5.5503, Ord. 010-94, eff. January 5, 1995)

Article 56. - Height of Buildings and Structures

Sec. 8-5.5601. - Measurement.

The height of a building or structure shall be determined from the average finished grade of the ground to the highest point of the building or structure.

(§ 8-5.5601, Ord. 010-94, eff. January 5, 1995)

==> picture [219 x 240] intentionally omitted <==

Sec. 8-5.5602. - Commercial and industrial buildings over 25 ft. high.

In commercial and industrial districts lots that have interior side and/or rear lot lines abutting a residential district, no portion of a building shall encroach into a building plane, along those lot lines, of one ft. horizontally for each one ft. vertically, with such plane beginning at a point 25 ft. above the ground level, 15 ft. from the property line.

(§ 8-5.5602, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5603. - Exceptions to height limits.

The following structures may be built to a greater height than the limit established for the district in which they are located; provided, however, no such structure in excess of the building height limit shall be used for sleeping or eating quarters or for any commercial purpose other than such as may be incidental to the permitted uses of the main building:

Belfries;

Chimneys;

Communication poles and towers (Section 8-5.5107);

Cupolas;

Domes;

Scenery lofts;

Silos;

Similar structures covering not more than 15% of the ground area of the building, including mechanical appurtenances;

Smokestacks;

Spires;

Vents; and

Water tanks.

(§ 8-5.5603, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5604. - Use permits for additional height exceptions.

Except as otherwise provided in this chapter, any building or structure in any zone district may be erected to a greater height or number of stories than the limit established for the district in which the structure is located, provided that a use permit (Section 8-5.7003) is first secured.

(§ 8-5.5604, Ord. 010-94, eff. January 5, 1995)

Article 57. - Yards

Sec. 8-5.5701. - Determining lot frontage.

(a)

Corner lot. Either street frontage may be deemed the front of the lot, provided that under the chosen arrangement, rear yard requirements are met.

(b)

Through lot. The front yard borders the street primarily used as frontage by neighboring lots.

(§ 8-5.5701, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5702. - Determining yard areas.

Yards shall be determined from the property line except when abutting an existing or proposed street for which the right-of-way is narrower than the right-of-way ultimately required for the street. In those cases a yard shall be established from the future right-of-way, as provided in Article 75 of this chapter.

(§ 8-5.5702, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5703. - Yards on alleys.

(a)

Yards for lots adjacent to alleys. If a side lot line abuts an alley the yard shall be considered an interior side yard.

(b)

Rear and side yards.

(1)

In computing the depth or width for any lot where such yard abuts an alley, no part of the width of the alley may be considered as a portion of such measurement.

(2)

A garage utilizing an alley for access shall only be required to have a five-ft. yard.

(§ 8-5.5703, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5704. - Exceptions—Residential districts.

(a)

Lots with 50 ft. or less street frontage. Minimum side yard is three ft. for lots of 50 ft. or less in width, if the lot was created prior to the adoption date of this chapter; provided, however, no eave or architectural projection is nearer than three ft. from the property line.

(b)

Architectural projections. Ordinary projections of sills, belt courses, cornices, buttresses, architectural features, and eaves are allowed provided none shall extend into a minimum yard or court more than three ft. or be nearer than three ft. to any property line.

(c)

Fire escapes and stairways. Open or enclosed fire escapes and fireproof outside stairways may extend not more than three ft. into any required yard or minimum court, but no nearer than three ft. to any property line.

(d)

Chimneys and flues. The projections of chimneys and flues are to be placed so as not to obstruct light and ventilation and must be located a minimum of three ft. from any property line.

(e)

Reduced rear yard. The minimum rear yard may be reduced to ten ft. for single story construction provided the rear yard average is equal to or exceeds the rear yard required by the primary district.

(f)

Residential accessory buildings (including guest houses). See Section 8-5.5001(c) of this chapter.

(g)

Patio covers in yard areas. See Section 8-5.5001(d) of this chapter.

(§ 8-5.5704, Ord. 010-94, eff. January 5, 1995)

Article 58. - Exterior Lighting

Sec. 8-5.5801. - Required parking lot lighting.

Parking lots for uses that require five or more spaces shall be lit in accordance with the following:

(a)

Residential parking lots. Open parking lots and carports shall be provided with a maintained minimum of one foot-candle of light on the entire paved area of the parking surface during the hours of darkness. Lighting devices shall be protected by weather and vandal resistant covers.

(b)

Nonresidential parking lots. Open parking lots and access thereto, for use by the general public, shall be provided with a maintained minimum of one foot-candle of light on the entire parking surface from dusk until the termination of the business every operating day.

(c)

Lighting type/height. Lights shall be an energy-efficient, indirect diffused type and shall not exceed a height of greater than 18 ft. above finished grade.

(d)

Coordination with landscape plans. Lighting design shall be coordinated with the landscape plan to assure that vegetation growth will not interfere with the intended illumination.

(§ 8-5.5801, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5802. - Required building lighting.

(a)

Multiple-family residential buildings. Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least .25 foot-candle at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal resistant covers.

(b)

Nonresidential buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light. All exterior bulbs shall be protected by weather and vandal resistant covers.

(§ 8-5.5802, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5803. - Light shielding.

In all districts lighting erected to provide illumination of private property for security purposes shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjoining properties.

(§ 8-5.5803, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5804. - Required lighting documentation.

Photometric data shall be submitted, prior to the issuance of building permits, to prove that the above lighting requirements have been satisfied.

(§ 8-5.5804, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.5805. - Use permit for additional height exceptions.

Except as otherwise provided in this chapter, parking lot lighting in any zone district may be erected to a greater height than the limit established for the district in which it is located, provided that a use permit (Section 8-5.7003) is first secured.

(§ 1, Ord. 06-01, eff. August 16, 2001)

Article 59. - Fences, Walls, Hedges and Intersection Visibility

Sec. 8-5.5901. - Applicability.

At the time of installation, erection, enlargement, increase in capacity of any building, fence, outdoor use or change in type of use, all fencing and walls shall conform to the provisions of this article.

(§ 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.5902. - Standards applied to all walls and fences.

(a)

Measurement. The height of a wall, fence or hedge shall be measured on the premises required to provide it and from the finish level of the ground beneath it.

(b)

Prohibited fence materials. In all zoning districts, for fences along street frontages, the use of coiled barbed wire, coiled razor wire or similar material in conjunction with any fence, wall, roof hedge, or by itself is prohibited with the following exceptions:

(1)

If required by any law or regulation of the City, the State of California, Federal Government, or other agency thereof.

(2)

On properties in the M Districts located on streets not identified in the General Plan as an arterial or collector and that are not within 50 ft. of a General Plan street.

(c)

Maintenance. All walls and fences shall be maintained in a safe, neat and orderly condition at all times.

(d)

Traffic safety sight area—All districts. Within the sight distance triangle, defined in Section 4-9.1901 et seq. of the Municipal Code, no wall, fence, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 in. in height, above the nearest street curb elevation, shall be erected, placed, planted, or allowed to grow which would impair the vision of a person entering or exiting property or a street intersection. For all required front and street side yards, out-side of the sight distance triangle, no wall, fence, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction shall exceed 36 in. in height. Exceptions to this standard are for:

(1)

Public utility poles;

(2)

Official traffic warning signs and signals;

(3)

Trees trimmed (to the trunk) to provide a minimum clearance of seven ft. above any sidewalk and 14 ft. above any adjacent public or private right-of-way or intersection.

(§ 8-5.5901, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.5903. - Exceptions—Use permit.

Exceptions to the standards provided in this article may be permitted if a use permit (Section 8-5.7003) is first secured.

(§ 8-5.5902, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.5904. - One- and two-family residences—Maximum fence height within required yards.

The maximum height of walls, fences and hedges is three ft. in any required front yard or street side yard and six ft. in any other required yard, unless as otherwise provided for elsewhere in this chapter.

(§ 8-5.5903, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

==> picture [155 x 216] intentionally omitted <==

(a)

Multiple-family residential district. Where a multiple-family development will be adjacent to a single-family residential district a six ft. high masonry wall shall be constructed along all common property lines.

(b)

Commercial and industrial districts.

(1)

Outdoor storage. All outdoor storage or equipment rental areas fronting on a public right-of-way or customer parking area shall be screened from view by a six-ft. high wall made of masonry or masonry pilasters and wood or similar decorative materials. Living vegetation may also be utilized provided the type of shrubbery used are a minimum of five gallon in size (tree size see Section 8-5.6004(a)(4), are of a fast growing variety and will grow into a solid barrier within three years of installation.

(2)

Outdoor sales areas. If a permitted outdoor sales display area is proposed by the business owner to be fenced, such as with plant nurseries or sales of automobiles, motorcycles, mobile homes, boats, recreational vehicles, etc. all fencing fronting on the public right-of-way shall consist of a masonry wall, masonry pilasters and wood fencing, or if open screening is to be used, it shall be made of a decorative material, including wrought iron, masonry pilasters and open mesh wiring or other similar material as approved by the Planning Director.

(3)

Walls and fences in front and street side yards. All walls or fencing fronting a public right-of-way shall be placed in back of required landscaped areas.

(4)

Walls and fences in interior side or rear yards. Where a commercial or industrial development is adjacent to residential property, a six-ft. high masonry wall shall be constructed along all common property lines. Otherwise, walls and fences not visible from the public right-of-way are not limited to a material type.

(§ 8-5.5904, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996))

Article 60. - Landscaping

Sec. 8-5.6001. - Applicability.

The requirements of this article shall be applied to the installation, erection, enlargement increase in capacity of any building or change in type of use, except that landscaping shall not be required for the following:

(a)

One-family residence, halfplex, or a two-family residence;

(b)

Landscaping which is a part of a registered historic site, park, golf course facility, or cemetery.

(§ 8-5.6001, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.6002. - Landscape plans.

(a)

Preliminary plan. For projects that must go through Planning Commission and/or City Council review, preliminary landscape plans are required. The preliminary landscape plan is a conceptual plan that depicts the location of the following:

(1)

Property lines;

(2)

Building(s), existing and proposed;

(3)

Location of existing trees (with trees to be saved and removed identified);

(4)

Planter areas;

(5)

Location of tree and plant materials;

(6)

Walkways;

(7)

Streets within and adjacent to the project property;

(8)

Walls, fences, or other structure of site feature that may affect landscape design;

(9)

Shading requirements; and

(10)

Parking areas and percentage of parking lot to be landscaped and shaded.

(b)

Detailed landscape plan. The detailed landscape plan must be submitted after an applicant has Planning Commission or City Council approval of the project, or when a project is submitted for staff approval if Commission or Council approval is not required. The detailed landscape plan must show all the information as required on the preliminary plan plus the following additional information:

(1)

Plans shall include the name, address, phone number, date and signature of person who prepared the plans;

(2)

Plans shall be prepared to delineate all proposed improvements, including utilities, such as gas, electrical, water and sewer lines;

(3)

Show location and size of plant materials;

(4)

Botanical and/or common names of all plants;

(5)

Specification of quantity, and installation of plants;

(6)

Meter size and location;

(7)

Type, size, and location of backflow device(s) proposed;

(8)

Location of control valves;

(9)

Location of automatic controllers;

(10)

Outdoor lighting plan.

(§ 8-5.6002, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.6003. - Areas to be landscaped.

(a)

Parking lots. Parking lots of five spaces or more shall provide landscape areas in the interior of the parking lot covering a percentage of the total parking area as follows:

(b)

Property perimeters.

(1)

Street frontages. All areas adjacent to a street shall be landscaped with a planter averaging at least ten ft. in width excluding curbing. For commercial and industrial developments exceeding 75,000 square ft. in building area the planter shall average a minimum of 20 ft. in width, excluding curbing. In commercial and industrial districts where a building is constructed a distance from the right-of-way line of less than the required landscaping, then the remainder area shall be landscaped. In addition, any area within the street right-of-way between the back edge of the sidewalk and the property line shall be developed as a planter or landscaped area in conjunction with the required landscape area mentioned above, subject to approval of an encroachment permit, unless this requirement is waived by the Public Works Director or his or her designee.

(2)

Interior property lines. Planting shall be required along interior property lines in commercial and industrial districts abutting a residential district and in the R-3 District when abutting a commercial, industrial, R-1 or R-2 Districts. The planting shall be placed along the length of side and rear interior property lines in a fiveft. wide planter.

(c)

Building perimeters. The portion of a building that faces onto a customer parking lot or fronts directly onto the street shall have a landscape planter(s) installed along at least 20% of that building face.

(d)

Trash enclosures. For specific details see Article 64 of this chapter.

(§ 8-5.6003, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.6004. - Landscaping materials.

(a)

Shading and tree standards.

(1)

Existing trees. Existing healthy trees shall be maintained whenever possible and may be used in lieu of planting new trees.

(2)

Parking lot shading. All parking lots shall include shade tree planting designed so that a minimum of 50% of the parking area (including parking spaces and maneuvering areas) is shaded by the tree canopies within 15 years of planting.

Tree coverage shall be determined by the approximated crown diameter of each tree type at 15 years, as estimated on the approved tree list by the Planning Director. The percentage of area required to be shaded shall be calculated based on the uncovered above ground parking spaces and their respective maneuvering areas and shall not include the maneuvering area that is attributable to covered parking spaces.

(3)

Street trees. Street landscape areas must be planted with trees from the approved tree list at 30-ft. intervals. When abutting a street, trees shall be planted at least five ft., but not further than ten ft., from the back of the sidewalk.

(4)

Minimum tree size. All trees shall be a minimum of 15 gallons in size with a one in. dbh (diameter at breast height).

(5)

Orchard parking. As required by Section 8-5.6102(a), orchard parking shall consist of trees planted toward the rear of parking stalls to create a grid of trees rather than isolated rows of trees. It provides more trees than typical parking lot landscaping approaches without the need for islands between the parking bays. This type of tree placement provides better shade on the passenger compartment and more even shade and vegetation throughout the parking area.

(b)

Perimeter screening. Required perimeter planters shall include trees, shrubs, hedges and other features such as a berm, designed to form a partial visual screen at least three ft. in height, except within the sight distance triangle, see Section 8-5.5901(d), where landscaping (excluding trees) shall not exceed 30 in. in height. Along interior property lines, where no vehicular traffic is involved, there shall be no height limitation.

(c)

Amount/combination of vegetation. Within five years of planting all landscape areas shall have a combination of at least 50% area coverage by ground cover, lawn or shrubbery or other type of living vegetation. All unpaved areas shall be planted with an affective combination of trees, ground cover, lawn, shrubbery and/or approved dry landscape materials.

Required interior perimeter landscaping intended to buffer differing uses, as required in Section 8-5.6003(b) (2) of this chapter, shall be heavily landscaped to provide a visual barrier between uses.

Varied tree and plant species shall be used throughout the parking lot. No one species shall comprise more than 60% of the plantings within each site.

(d)

Turf allowance/drought tolerant materials. The maximum amount of lawn in required landscape areas shall be 25%. The use of drought tolerant plant materials is encouraged.

(e)

Clearance. Landscaping in planters at the end of parking aisles shall not obstruct the driver's vision of vehicular and pedestrian cross traffic. Mature trees shall have a foliage clearance of eight ft. from the grade of the parking area with other plant materials not to exceed 30 in. in height.

(f)

Protection of vegetation.

(1)

Design. All required parking lot landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum of 2½-ft. clearance of low growing plants where

vehicle overhang is permitted or wheel stops are set 2½ ft. from the back of the curb.

(2)

Curb. All required parking lot landscaping shall be within planters bounded by a concrete curb at least 6 in. wide by 6 in. high. No planter, except building perimeter planters, shall be smaller than 25 square feet, excluding curbing.

(g)

Walkways. A barrier-free, 4-ft. wide walk shall be provided through the required planter at primary street and driveway intersections to the parking lot. Such a walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps to access buildings.

(h)

Lighting vs. landscaping. Design and placement of security lighting in landscaped areas shall be coordinated with the landscape plan to assure that vegetation growth will not interfere with the intended illumination.

(§ 8-5.6004, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995)

Sec. 8-5.6005. - Irrigation standards and procedures for water efficiency.

An irrigation system shall be installed that consists of underground piped water lines with low water flow sprinklers and/or a drip or trickle irrigation systems. Each system shall be designed to provide adequate coverage to all plant material. Water meter and line sizes shall be calculated for total water demand, which should be, at least, the sum of the maximum irrigation demand and all building demand unless on separate meters. Due to varying irrigation requirements, separate control valves and/or sprinkler/emitter heads shall be used when shrubs and turf all appear on the same landscape plan. The irrigation system shall be designed to minimize over-spray and runoff onto streets, sidewalks, windows, walls and fences. The irrigation plans shall include the following to provide better water efficiency for all landscape areas:

(a)

Sprinklers and sprays should not be used in areas less than 5 ft. wide. Drip and bubbler systems shall be used in areas where watering needs do not exceed 1½ gallons per minute per device.

(b)

Sprinkler heads must have matched precipitation rates within each control valve circuit.

(c)

All irrigation systems shall be equipped with an automatic controller capable of dual or multiple programming. Controller must have multiple cycle start capacity and a flexible calendar program.

(d)

Pop-up sprinklers in lawn areas shall have at least 4 in. pop-up height.

(e)

All required irrigation systems shall be equipped with automatic rain shut-off devices.

(§ 8-5.6005, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6006. - Completion.

(a)

All of the required landscaping must be installed prior to issuance of a certificate of occupancy in conformance with the requirements and standards; or

(b)

A surety in the amount equal to 150% of the estimated cost of landscaping, including materials and labor, is on file with the City which guarantees that the required landscaping shall be installed within 120 days of issuance of a certificate of occupancy and an agreement is filed with the City to assure completion of the landscaping within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.

(§ 8-5.6006, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6007. - Maintenance.

All planting shall be maintained in a good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Landscaping and irrigation systems shall be located, designed and maintained as specified on the approved plans. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Trees showing such damage shall be replaced with another tree.

(§ 8-5.6007, Ord. 010-94, eff. January 5, 1995)

Article 61. - Off-Street Parking and Loading

Sec. 8-5.6101. - Applicability.

At the time of the installation, erection, enlargement or increase in capacity of any building, or change in type or expansion of use, or at the time there is a change in the nature of occupancy which would require increased parking requirements, or expansion of use of property, there shall be provided the following minimum off-street parking and loading spaces, together with provisions for ingress and egress in accordance with this section.

(§ 8-5.6101, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.6102. - Number of parking spaces required.

(a)

On-street parking adjacent to commercial and industrial properties in the C and M Districts may be counted towards the amount of required on-site parking. If provided parking exceeds by 10% or more the amount of parking required for the use then orchard parking at a ratio of one tree for each four parking spaces shall be installed. Fractional space requirements shall be rounded to the nearest whole space. The following minimum number of on-site parking spaces shall be provided for each use.

be counted towards the amount of required on-site parking. If provided parking exceeds by 10% or more the amount of parking required for the use then orchard parking at a ratio of one tree for each four parking spaces shall be installed. Fractional space requirements shall be rounded to the nearest whole space. The following minimum number of on-site parking spaces shall be provided for each use.

(1) Outdoor dining allowed in accordance with the Outdoor Dining Ordinance per Article 49 (Outdoor Dining) of Chapter 5 (Zoning) of Title 8 (Planning and Zoning).

Note: "sf." refers to square feet and "gfa." refers to gross floor area.

(b)

Requirements for uses not specifically set forth in the article shall be determined by the Planning Director based upon the requirements for comparable uses.

(§ 8-5.6102, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; Ord. No. 004-21, § 4, 7-20-2021; Ord. No. 006-22, § 12, 3-15-2022)

Sec. 8-5.6103. - Handicapped requirements.

Handicapped parking and accessibility shall be provided in accordance with the standards established by the California State Handicapped Access Regulations.

(§ 8-5.6103, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6104. - Design and dimensional standards.

(a)

Standard space. Each parking space shall be a minimum of 9 ft. in width and 18 ft. in length, exclusive of aisles and access drives. Each parallel parking space shall be a minimum of 9 ft. in width and 24 ft. in length, exclusive of aisles and access drives. All parking areas shall be completely paved with asphalt or Portland cement concrete surfacing.

(b)

Compact spaces. Compact spaces are not permitted for nonresidential uses. Parking lots existing on April 1, 1985, and designed to include compact car spaces shall be deemed to contain the number of parking spaces provided, including such compact car spaces, and shall not be required to eliminate compact car spaces upon a change of use or occupancy.

Parking lots in residential districts, containing six or more spaces, may have 35% of all required spaces, compact. These spaces shall be dispersed throughout the parking lot and marked as compact car parking only.

Each compact parking space shall be a minimum of 7 ft. 6 in. in width and 16 ft. in length, exclusive of aisles and access drives.

(c)

One- and two-family residential standards.

(1)

Parking in yards. The parking of any vehicle is prohibited in any portion of a required front or street side yard, except on a driveway leading to required parking or to an improved parking space (see Section 8- 5.6104(7)). Any driveway leading to a garage, carport or required parking space shall not be less than 20 ft. in length measured from the back of an existing or planned sidewalk.

(2)

Boat, utility trailer and recreational vehicle parking. A boat, utility trailer and recreational vehicle may only be parked on the portions of a lot behind the front wall of the residence facing each street or right-of-way. The recreational vehicle shall be screened to a height of 6 ft. from view from any public right-of-way. A recreational vehicle used as daily transportation may be parked overnight on recognized parking areas.

(3)

Alternative standards. As an alternative to the requirement of Section 8-5.6104(c)(2), a single trailered boat, utility trailer or recreational vehicle may be parked in the front yard of the residence only when in conformance with all of the following standards:

(i)

The parking area shall be developed to a similar standard as the existing established driveway (i.e., concrete, asphalt concrete, pavers, or gravel). Strip driveways utilizing concrete, asphalt or pavers may be installed under each wheel from the edge of right-of-way to a designated parking area.

(ii)

The parking area shall connect with the public right-of-way consistent with City standards under approval of an encroachment permit, if applicable.

(iii)

New parking areas shall not result in stormwater runoff onto neighboring properties.

(iv)

Parking areas shall not be located in front of an existing residence's living area and shall occur in front of an existing garage or front side yard area. The parking area shall be approximately perpendicular to the existing street and shall not be angled.

(v)

A parked recreational vehicle, utility trailer or boat shall be setback a minimum of twelve (12) inches from the back of side walk or edge of the public right-of-way and shall not be artificially raised or angled in order to meet this requirement.

(vi)

A parked recreational vehicle, utility trailer or boat shall not exceed twelve (12) feet in height.

(vii)

A recreational vehicle, utility trailer or boat exceeding 8 feet in height shall be setback a minimum of 5 feet from an adjoining side yard property line.

(viii)

Utility connections (electricity, water, wastewater) shall be temporary for servicing only (up to 7 days).

(ix)

Covers shall be fitted and in good order and untorn; tarps are prohibited.

(x)

Parking areas shall be kept free of accumulation of leaves, cobwebs, weeds, or miscellaneous debris.

(xi)

Parking areas shall not create a site distance hazard to neighboring property owners or users of streets or sidewalks.

(xii)

Parking areas shall be maintained so as not to create a public nuisance as defined by this Code.

(xiii)

On lots greater than 0.3 of an acre, alternative parking locations and surfacing may be approved by the Planning Director.

(xiv)

On lots greater than 0.5 of an acre, a second recreational vehicle, utility trailer or boat may be stored within a front yard area and alternative parking locations and surfacing may be approved by the Planning Director.

(xv)

A front fence screening a side or rear yard shall not be removed in order to accommodate a larger boat, utility trailer or recreational vehicle.

(d)

Multiple-family residential, commercial and industrial uses.

(1)

Location. All vehicular parking and maneuvering areas shall be located on-site. Use of the public right-ofway to exit an on-site parking space is prohibited.

(2)

Entrances and exits. The location and design of all street and alley entrances and exits to off-street parking facilities shall be subject to the approval of the Public Works Director.

(3)

Aisles. Aisle widths serving off-street parking areas in all districts shall be not less than the following schedule:

(i)

For one-way traffic serving two or more spaces: 12 ft.

(ii)

For two-way traffic serving two to four spaces: 12 ft.

(iii)

For two-way traffic serving five to eight spaces: 16 ft.

(iv)

For two-way traffic serving nine or more spaces: 24 ft.

(4)

Overhang. Parking space lengths, except for parallel spaces, may be reduced by 2½ ft. when the space abuts a minimum 5 ft. wide landscaped area bordered by a 6-in. high by 6-in. wide continuous concrete curb or sidewalk a minimum of 2½ ft. wider than the minimum width required by the California State Handicapped Access regulations.

(5)

Off-street parking layout. See Figure 61-01 at the end of this article.

(6)

Shopping cart storage. When there are businesses that utilize shopping carts, adequate close-by temporary shopping cart storage areas shall be provided throughout the parking lots. No storage of shopping carts shall be allowed on walkways outside of buildings.

(7)

Surfacing. All parking areas and accesses to such parking areas, as well as all outdoor sale display areas, shall be completely surfaced with asphalt or Portland cement concrete surfacing. Adequate drainage shall be provided in accordance with the requirements of the City Engineer.

(§ 8-5.6104, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, Ord. 08-99, eff. July 1, 1999; § 1, Ord. 03-00, eff. June 15, 2000; Ord. No. 007-24, § 3, 5-21-2024)

Sec. 8-5.6105. - Off-street loading areas.

(a)

Location. All loading areas shall be located so as to prevent truck back-up maneuvering within any public right-of-way.

(b)

Size. Loading spaces shall not be less than 12 ft. in width, 40 ft. in length, and 14 ft. in height, exclusive of aisles and access drives.

(c)

Screening.

(1)

Residential. When adjacent to or across the street from a residential zone district the following standards shall apply:

(i)

A bermed 15 ft. wide street perimeter landscape strip shall be required with sufficient tree and shrub vegetation to produce a 75% opaque screen within five years of installation. It shall be the responsibility of the owner to maintain such landscaping to ensure adequate sight distance at points of ingress and egress.

(ii)

A minimum eight ft. high masonry wall shall be constructed at the back of the landscape strip required in the subsection (c)(1)(i) above, with design to be approved by the Planning Director.

(§ 8-5.6105, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6106. - Joint use of common parking facilities.

(a)

The Planning Commission may grant a use permit (Section 8-5.7003) for reduction in the total number of parking spaces when the joint use of a parking facility has divergent needs in relation to user on the basis of non-use by one user during a period of use by another such as during nighttime in relation to daytime hours, or weekdays in relation to Saturdays or Sundays.

(b)

Conditions for allowing joint uses:

(1)

The buildings or uses shall be within 500 ft. of the nearest point by walking distance to a parking facility;

(2)

The applicant shall show there is minimal conflict in the principal operating hours of the buildings or uses for which the joint parking facilities are proposed; and

(3)

The parties concerned in the joint use of off-street parking facilities shall show evidence of an agreement for such joint use by a proper legal instrument. Such instrument when approved as conforming to the provisions of this section shall be recorded in the office of the County Recorder and copies thereof filed with the Building and Planning Departments of the City.

(§ 8-5.6106, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6107. - Off-site parking.

The Planning Commission may grant a use permit, pursuant to Section 8-5.7003 of this chapter, for off-site parking provided the following conditions are met:

(a)

The site is within 500 ft. (walking distance) of the use and is not separated from the use by any feature which would make pedestrian access inconvenient or hazardous.

(b)

The site on which the parking is located shall be owned, leased or otherwise controlled by the party controlling the use.

(c)

The site is surfaced as required by this article and is landscaped in conformance with Article 60 of this chapter.

(§ 8-5.6107, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6108. - Required bicycle parking facilities.

(a)

Amount of bicycle parking spaces required.

(b)

Requirements for bicycle parking facilities.

(1)

Location. Bicycle parking facilities shall be located on the same lot or building site as the building or use incurring these requirements, or shall be located on an adjacent, contiguous lot. Bicycle facilities shall be located so as to be at least as convenient as the majority of vehicular parking areas, and as closely oriented to adjacent bikeways as possible.

(2)

Bicycle facilities standards.

(i)

Bicycle parking facilities shall include provisions for storage and locking of bicycles, either in lockers or secured racks or equivalent installations in which the bicycle frame and wheels may be locked by the user.

Racks or lockers shall be anchored so that they cannot be easily removed. It is recommended that bicycle facilities be covered and/or located so that they are protected from the elements.

(ii)

Bicycle racks and lockers shall be designed with respect to safety, convenience, and security.

(iii)

Bicycle racks shall be designed and located to ensure that they relate well to the remainder of the facilities, are architecturally consistent with the site and structures, and are located in the most appropriate location.

(3)

Maintenance. Bicycle parking facilities as required herein shall be maintained for the duration of the use incurring said requirements and shall not be used for other purposes.

(§ 8-5.6108, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6109. - Waiver of on-site parking requirements.

An existing building that lacks adequate required on-site parking and has lost its nonconforming status, may be reoccupied with a permitted use allowed in the district it is located if a use permit (Section 8- 5.7003) is first secured.

In those cases where a building is to be erected, enlarged, or increased in intensity of use, to a level of intensity similar to neighboring properties, parking standards may be reduced or waived to a level typically found in the vicinity if a use permit is first secured.

In either case a finding must be made that adequate mitigations are proposed or that conditions exist such that neighboring property's on-site parking will not be unduly impacted.

(§ 8-5.6109, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.6110. - Maintenance.

All required parking facilities, including striping, handicapped parking and bicycle parking areas shall be well maintained, and kept free of litter and debris.

(§ 8-5.6110, Ord. 010-94, eff. January 5, 1995)

==> picture [299 x 373] intentionally omitted <==

OFF-STREET PARKING LAYOUT

Article 62. - Public Improvements Required

No building permit shall be issued to construct, erect, alter, or move on a lot any building or structure unless the owner of the property has dedicated, at no cost to the City, necessary rights-of-way or easements required for street or utility purposes, and provisions have been made for the improvement of that portion of a street upon which such lot fronts and adjoins. Alterations to one-family residences shall be exempt from required improvements.

For the purposes of this subsection, the word "alter" shall mean any change, addition, or modification in construction which has a value of $5,000 or more, as determined by the Chief Building Inspector.

For the purposes of this subsection, the words "provisions have been made for the improvement" shall be deemed to have been satisfied if any one of the following exists:

(a)

All of the required improvements are in place in conformity with the existing requirements of the Public Works Department; or

(b)

A good and sufficient improvement security is on file with the City which guarantees that upon 60 days' notice by the City the required improvements will be constructed; or

(c)

In the event that it is not practical to construct the improvements at that time, as determined by the Public Works Department, the owner and/or developer has signed and filed with the City an agreement, approved by the Council, which guarantees that the required improvements will be constructed within two years of the date of the issuance of the building permit.

For the purposes of this subsection, the word "improvement" shall mean and include the installation of not less than such curbs, gutters, sidewalks, and paving as are required on that side of the centerline of the street which adjoins such lot and the extension of water and sewer lines. Such improvements shall be constructed under permits issued by and to standards established by the Yuba City Public Works Department.

If public improvements are required as a condition of a building permit the work to complete the improvements shall be subject to the plan check and inspection fees provided for by Section 8-2.106 of the Subdivision Ordinance.

(Article 62, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Article 63. - Signs[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 006-16, § 2(Att. A), adopted May 17, 2016, effectively repealed the former Art. 63, §§ 8-5.6301—8.5-6312, and enacted a new Art. 63 as set out herein. The former Art. 63 pertained to similar subject matter and derived from Ord. 010-94, §§ 8-5.6301—8-5.6311, effective Jan. 5, 1995, as amended. See Ordinance Tables for complete derivation.

The purpose of this article is to regulate signs as an information system that expresses the character and environment of Yuba City and implements the General Plan, consistent with State and Federal law. These regulations recognize the importance of business activity to the economic vitality of the City as well as the need to protect the visual environment. Specifically, these regulations are intended to:

(a)

Provide adequate opportunity for the exercise of the right of free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests;

(b)

Provide minimum standards to safeguard life, health, property, public welfare, and traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures;

(c)

Preserve and enhance the visual attractiveness of the City, for residents, businesses and visitors;

(d)

Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent buildings and businesses;

(e)

Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians and drivers; and

(f)

Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on or near the same premises, rather than functioning as general advertising for hire.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6302. - Applicability.

This article regulates all signs on public and private property, except where expressly stated otherwise. No sign shall be erected or maintained anywhere in the City except in conformity with this article.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6303. - Design principles.

(a)

Architectural compatibility. A sign (including its supporting structure, if any) should be designed as an integral design element of a building's architecture and be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures. A sign that covers a window or that spills over "natural" boundaries or architectural features and disrupts parts of upper floors of buildings is detrimental to visual order and is not permitted.

(b)

Consistency with area character. The size, materials, colors, graphic style, illumination, and other features of the sign shall be in keeping with the visual character of the street or area in which it is proposed. Proposed new signs should reflect the highest quality of design possible for a given area.

(c)

Legibility. The size and proportion of the elements of the sign's message, including logos, letters, icons and other graphic images, should be selected based on the anticipated distance and travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards automobile drivers. Colors chosen for the sign text and/or graphics should have sufficient contrast with the sign background in order to be easily read during both day and night hours.

(d)

Readability. To ensure that signs perform their essential communicative function, characteristics such as the proportion between different parts of the sign, visibility from important vantage points, and other design features will be considered. A sign message should be easily recognized and designed in a clear, unambiguous and concise manner, so that a viewer can understand or make sense of what appears on the sign. Excessive use of large areas of several colors can create competition for the eye and significantly reduce readability.

(e)

Finish. Signs must have finished edges with a clean, smooth, consistent surface. Lettering on the sign is to be of complementary size, proportion and font and either carved, routed, painted or applied.

(f)

Visibility. A sign should be conspicuous and readily distinguishable from its surroundings.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6304. - Permits required.

With the exception of exempt signs as listed in Section 8-5.6305, permits shall be required as follows, unless otherwise stated.

(a)

Zone clearance required. Subject to Section 8-5.7002, Zone clearance, the Development Services Department will review applications for building permits for signs and determine if the proposed signs are consistent with the requirements contained in this article. All signs, temporary or permanent, and flags per this article, shall require a zone clearance, unless specifically exempted.

(b)

Master sign program (MSP). A master sign program is required for signage proposals as specified in Section 8-5.6316, Master sign program.

(c)

Building permit required. No person shall erect, alter, repair, or relocate any sign without first obtaining any required building permit from the City for such work. No permit shall be issued until the City determines that such work is in accordance with the building or electrical codes of the City. Except as otherwise

provided, permits required by this article will be issued pursuant to the same terms and according to the same fee schedule as all other building permits.

(d)

Encroachment permit. Signs that project over a public street, sidewalk, or other City owned property or easement shall be subject to an encroachment permit approval by the Public Works Department.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6305. - Exempt signs.

The following signs are exempt from Planning permit requirements of this article and do not count toward the total sign area limit for a site, provided that they conform to applicable standards. Building permits may be required.

(a)

Address signs and name plates. Each residence and establishment may post one address sign and one name plate, not to exceed four square feet.

(b)

Barber poles. Barber poles less than 30 inches in height.

(c)

City property/bus stop signs. Signs placed by the City or the transit authority on property or public right-ofway held by the City.

(d)

Civic signs. Memorial signs and plaques installed by a civic organization. Said signs shall first be approved by the City Council.

(e)

Commemorative signs. A sign, tablet, or plaque memorializing a person, event, structure, or site. Said sign shall be approved by the City Council.

(f)

Decorative holiday decorations and lights. Provided that such displays are removed within 60 days of their installation.

(g)

Equipment signs. Signs incorporated into permitted displays, machinery, or equipment by a manufacturer, distributor, or vendor and identifying or advertising only the product or service dispensed by the machine or equipment, such as signs customarily fixed to automated teller machines (ATMs) and gasoline pumps.

(h)

Fence signs. Signs attached or painted on fences or freestanding walls that are not associated with a building may be permitted:

(1)

When located for noncommercial purposes and for advertising community events, such as youth sports and events, school functions, or events organized by a government entity. Signs shall not exceed 48 square feet, and may be installed 30 days prior to the event it is promoting. Sign shall be removed within 48 hours after the event. Signs promoting a single event shall be spaced a minimum of 600 feet. Signs shall only promote events occurring within the City's sphere of influence.

(2)

Along the boundary fences of sporting fields when not oriented towards the public right-of-way.

(i)

Garage sales/yard sales. Limited to two such signs, having a maximum of five square feet each and not to exceed six feet high, located on private property with the property owner's permission. Signs may not be erected prior than 24 hours to the event and shall be removed no later than 24 hours of the conclusion of the sale.

(j)

Gateway signs. Signs erected by the City or in partnership with the City, contents of which are limited to the name of the City and the name of or other information regarding civic, fraternal, or religious organizations located within the City.

(k)

Interior graphics or signage. Visual communicative devices that are located entirely within a building or other structure and are not visible from the exterior thereof, or located on the inside of a building and at least three feet from the window, door, and/or opening.

(l)

Memorial signs. Memorial signs or tablets, names of buildings or date of building erection, when cut into any masonry surface or when on a bronze plaque, or other durable material as approved by the Director.

(m)

Missing person/lost pet. Signs seeking assistance locating a missing person or pet are exempt, so long as they remain in good condition, free of tears. Such signs shall not be placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way.

(n)

Official government notices. Official and legal notices used by any court, public body, person, or officer in the performance of a public duty; any legal or official notices posted by a utility or other quasi-public agency; temporary or permanent signs erected and maintained by or required by the City, State, or Federal government, or government transportation or transit agencies, for the purpose of providing official governmental information to the general public, including, but not limited to: traffic direction, City entrance, or for designation of direction to any school, hospital, historical site, or public service, property, or facility; public hearing or meeting notices; seismic warning signs; or other signs required or authorized by law.

(o)

Open/closed signs. Open/closed signs are permitted in commercial and industrial districts. Signs shall not exceed six square feet. Such signs shall not be placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way.

(p)

Operational window signs. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards:

(1)

Limitations on placement. Operational window signs shall not be mounted or placed on windows higher than the second story.

(2)

Maximum area. The maximum area of exempt window signage shall not exceed three square feet in area.

(q)

Public carrier graphics. Graphic images mounted on carrier vehicles such as buses, taxicabs, and limousines that legally pass through the City.

(r)

Traffic signs. Traffic, directional, warning, or informational signs required or authorized by a governmental agency.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6306. - Prohibited signs.

Unless expressly allowed by another subsection of this article or other applicable law, the following sign types, locations, and materials are prohibited:

(a)

Animated signs/moving signs. Animated, flashing, blinking, reflecting, revolving, or other similar signs, or signs with visibly moving or rotating parts or visible mechanical movement of any kind, rolling or running letters or message.

(b)

Flashing signs. No sign (including window sign, exterior lighting or window lighting) shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination, except for date, time and temperature signs.

(c)

Flying signs. Signs such as blimps or kits designed to be kept aloft by mechanical, wind, chemical, or hot air means.

(d)

Pole signs.

(e)

Posters. The tacking, painting, pasting or otherwise affixing of signs or posters of a miscellaneous character, visible from a public right-of-way, located on the walls of a building, bars, shed, on trees, poles, posts, fences, or other structures, or anywhere on public property is prohibited, unless permitted as a garage/yard sale sign.

(f)

Roof signs.

(g)

Signs blocking doors or windows. Signs shall not be located or installed on any door, window, or fire escape in a manner that will prevent free ingress or egress.

(h)

Signs on standpipes or fire escapes. No sign shall be attached to any standpipe or fire escape, except those required by other codes.

(i)

Snipe signs. All off-site signs, tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, trailers, temporary construction barriers, or other supporting structures.

(j)

Signs in the public right-of-way. Unless otherwise noted, no sign shall be affixed within or on public property or public right-of-way, including but not limited to median strips or islands, on sidewalks, trees, retaining walls, bridges, benches, traffic signals, public fences, poles or utility equipment, street lighting, utility poles, traffic signs, or traffic sign posts, supporting structures, anchor wires, or guy wires.

(k)

Signs that produce noise or emissions. Signs that produce noise or sounds that can be heard at the property line, excluding voice units at menu boards, and signs that emit visible smoke, vapor, particles, or odors.

(l)

Signs creating a traffic hazard or affecting pedestrian safety. Signs placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way.

(1)

Exits and entrances. No sign shall be placed, mounted, erected, or installed in any manner that obstructs the use of any door, window, or fire escape.

(2)

Sidewalks. No sign shall be mounted or displayed in such a manner that it blocks or impedes the normal pedestrian use of public sidewalks.

(3)

Intersections. No sign shall be erected or maintained at or near any street intersection that will obstruct the free and clear vision of drivers and pedestrians. Other than traffic control signals, no sign shall be installed in the visibility triangle at intersections pursuant to Public Works policy ST 22, Site Distance Triangle.

(m)

Vehicle signs. Signs on vehicles, trailers, boats, storage boxes or other similar objects where such signs are not incidental to the primary use of the vehicle or other similar objects for conveyance of persons or property or storage of property, and where the primary purpose of the sign and vehicle or other similar object upon which the sign is attached or affixed is for advertising purposes.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6307. - Measuring sign area.

(a)

Single-faced signs. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles (consisting of horizontal and vertical lines and no more than 12 corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in the sign area provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of single-faced signs is illustrated in Figure 8-5.6307-A(1).

==> picture [356 x 552] intentionally omitted <==

FIGURE 8-5.6307-A(1): MEASURING SIGN AREA

(b)

Double-faced signs. Where two faces of a double-faced sign are parallel, or less than an interior angle of 45 degrees from one another, the sign area shall be computed as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double-faced sign are located equal to or more than 45 degrees from one another, both sign faces shall be counted toward sign area.

(c)

Multi-faced signs. On a three-faced sign, where at least one interior angle is 45 degrees or less, the area of two faces (the largest and smallest face) shall be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces.

==> picture [420 x 223] intentionally omitted <==

FIGURE 8-5.6307-A(2): DOUBLE- AND MULTI-FACED SIGNS

(d)

Three-dimensional signs. Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of all areas using the two vertical sides of the smallest cube that will encompass the sign.

==> picture [154 x 168] intentionally omitted <==

FIGURE 8-5.6307-A(3): THREE-DIMENSIONAL SIGNS

(e)

Measuring sign height. The height of a sign is the vertical distance measured from the finish grade directly beneath the sign to the highest point at the top of the sign.

(f)

Measuring sign clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

(g)

Measuring building frontage. Building frontage is the building facade that directly abuts a public street, private street, parking lot driveway, or parking spaces. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6308. - General standards.

(a)

Visibility triangles. No sign, permanent or temporary, flag, flagpole, etc. may be erected within the visibility triangle per Public Works Policy ST 22, Site Distance Triangle.

(b)

Residential and nonresidential interface. Signs in commercial and industrial zone districts shall be set back a minimum distance of 45 feet from a residential zone district.

(c)

Materials and mounting required.

(1)

Materials. Signs shall be made of sturdy, durable materials. Paper, plastic, cardboard, and other materials subject to rapid deterioration may only be used for temporary signs.

(2)

Mounting required. All permanent signs shall be firmly anchored, shall comply with all requirements for public safety, and shall satisfy all applicable safety codes and all other applicable governmental enactments, rules, regulations, or policies.

(d)

Changeable copy. Non-electronic changeable copy shall cover no more than 20% of the total sign area, except for the following uses which are allowed up to 75% of the maximum sign area to be changeable copy: public facilities uses, indoor theaters, and fuel price signs.

(e)

Illumination. The illumination of signs shall be designed, installed, and maintained to avoid negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:

(1)

Shielding required. To the extent feasible, and at the discretion of the review authority, light sources shall be concealed or shielded to prevent or minimize light spillage, glare, momentary blindness, or other annoyance, disability, or discomfort to persons within the view of such light sources.

(2)

Colored lights. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

(f)

Light sources adjacent to residential areas. Signs that are adjacent to residential areas that in the opinion of the review authority (i.e., Development Services Director, Planning Commission, or City Council) shall come equipped with automatic dimming technology which automatically adjusts the brightness of the sign in direct correlation with ambient light conditions (i.e., daytime, nighttime, cloudy conditions).

(g)

Concealed electrical systems. External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed. A switch disconnecting each circuit shall be placed in plain sight and near the inspection opening.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6309. - Permitted sign types by zone district.

Additional regulations are denoted in the right hand column. Numbers indicated in parenthesis ( ) are references to notes at the bottom of the table. "Square feet" is represented as "sf," while "feet" or "foot" is "ft."

(1) Requires a Use Permit.

(2) Yes, between the hours of 6:00 a.m. and 10:00 p.m. or during normal business hours, whichever is more restrictive. Lighting shall be limited to external, halo, or backlit.

(1) Increased sign area and/or height in excess of maximums are only allowed following the approval by the Planning Commission of a Use Permit (Sec. 8-5.7003). Prior to the issuance of the Use Permit the finding must be made that the sign is needed to advertise a business(es) that have limited visibility from the adjacent public roadway.

(2) For an Electronic Message Boards, refer to Sec. 8-5.6312.

(3) Should a sign be within 100 feet of a Residential Zone District, lighting, if proposed, shall be backlit, external or halo.

(4) Buildings over one story: Signs located above the first or ground floor of a multiple story building shall be individual letters, externally lit, including but not limited halo lit or backlit. For signs located above the first floor, the maximum letter height shall be 3 ft. 6 inches, while the maximum symbol height shall be 3 ft. 10 inches, or as permitted per the underlying Zone District, whichever is less. Only one sign is permitted per building face above the first/ground floor.

(5) New cabinet or can signs shall not exceed 20% of the total area of the proposed sign(s).

(6) An encroachment permit issued by the Engineering Division of Development Services may be required if sign projects into a public right-of-way.

(7) Signs must be uniform in color, design and materials for all tenants identified within the center

(8) For regulations pertaining to the Civic Center Specific Plan, refer to the Plan.

(1) Increased sign area and/or height in excess of maximums are only allowed following the approval by the Planning Commission of a Use Permit (Sec. 8-5.7003). Prior to the issuance of the use permit the finding must be made that the sign is needed to advertise a business(es) that have limited visibility from the adjacent public roadway.

(2) Should a sign be within 100 feet of a Residential Zone District, lighting, if proposed, shall be external lit, backlit, or halo lit.

(3) For an Electronic Message Board, refer to Sec. 8-5.6312.

(4) Buildings over one story: Signs located above the first or ground floor of a multiple story building shall be individual letters, externally lit, including but not limited halo lit or backlit. For signs located above the first floor, the maximum letter height shall be 3 ft. 6 inches, while the maximum symbol height shall be 3 ft. 10 inches, or as permitted per the underlying Zone District, whichever is less. Only one sign is permitted per building face above the first/ground floor.

(5) An encroachment permit issued by the Engineering Division of Development Services may be required if sign projects into a public right-of-way.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6310. - Specific plan, master plan, or planned development areas.

Any new sign or enlargement to an existing sign on property located within a specific plan, or master plan area or a planned development district shall comply with the more specific standards.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6311. - Standards for specific sign types.

This section establishes location and other general standards for specific sign types that apply to all areas where such signs are permitted.

(a)

Wall signs. Wall signs are subject to the following standards:

(1)

Projection allowed. Wall signs shall not extend more than 12 inches beyond the face of the wall to which they are attached.

(2)

Placement. No wall sign may cover, wholly or partially, any wall opening. Wall signs shall not occupy more than 80% of any architectural element that they occupy (frieze, pilaster, etc.).

(3)

Orientation. Signs shall be oriented towards a public street, a private street, or parking lot designated to serve patrons of said establishment.

==> picture [168 x 156] intentionally omitted <==

FIGURE 8-5.6311-A(1): WALL SIGN

(b)

Monument signs. Monument signs are subject to the following standards:

(1)

Base. Signs shall have a solid architectural base constructed of a permanent material, such as concrete block, stone, or brick. The base of the Monument Sign shall be a minimum width of 75% of the sign and a minimum 12 inches in height from the top of the finished grade.

(2)

Depth. A monument sign shall have a depth of at least 12 inches between the two faces.

(3)

Design.

(i)

Architectural elements such as columns, pilasters, cornices, trellises, and similar details shall provide design interest and frame the sign.

(ii)

Signs shall be constructed of materials and colors related to the principal building.

(iii)

Monument signs shall have an encasing constructed of brick, stone, synthetic material, or masonry. An aluminum and/or sheetmetal encasing is not an acceptable material.

(iv)

Embellishment, either structural or decorative elements of a sign incorporating representations of the significant architectural features of the associated building or development may be included.

Embellishment shall not include letters, numerals, figures, emblems, logos, color bands, or other features conveying a commercial advertising message.

(v)

Synthetic material shall adequately simulate the appearance of the natural material it imitates,

demonstrates the ability to age similar to natural material, and should have the ability to withstand being pressure washed.

(4)

Landscaping. Signs shall provide a minimum landscape area of five feet measured in all directions.

==> picture [384 x 156] intentionally omitted <==

FIGURE 8-5.6311-B(1): MONUMENT SIGNS

(c)

Awning signs. Signs painted on awnings, canopies, arcades, or similar features or structures are subject to the following standards:

(1)

Location. Awnings shall be located on the ground floor of buildings.

(2)

Maximum sign area per sign. Ten square feet or 25% of the surface area of the awning, whichever is less.

(3)

Minimum sign clearance. Eight feet from finished grade.

(4)

Signs or awnings which they are placed may not be plastic, transparent, or translucent, and may not be backlit from inside the awning.

==> picture [312 x 171] intentionally omitted <==

FIGURE 8-5.6311-C(1): AWNING SIGN

(d)

Projecting signs. Signs projecting from buildings are allowed, subject to the following additional standards:

(1)

Maximum number. One per tenant space.

(2)

Maximum sign area per sign. 12 square feet.

(3)

Height limit. 12 feet.

(4)

Minimum sign clearance. Eight feet from finished grade.

(5)

Projection allowed. A projecting sign cannot extend more than four feet from the building to which it is attached and shall be designed and located so as to cause no harm to street trees.

(6)

Illumination. No internal illumination is permitted.

==> picture [408 x 200] intentionally omitted <==

FIGURE 8-5.6311-D(1): PROJECTING SIGNS

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6312. - Electronic message board signs.

Any electronic message board signage to be used must be high-quality resolution and shall comply with the following design standards:

(a)

A use permit shall be required for electronic message board signs. A use permit shall not be required for static fuel price signs.

(b)

Signs may be allowed for use in the project's monument signage.

(c)

Signs are permitted only on parcels or unified developments of at least five acres in area and a minimum frontage of at least 300 feet along State Route 99 or State Route 20 (Colusa Highway).

(d)

All nonconforming signs shall be made to conform to the strict requirements of this sign ordinance. Should a nonconforming monument, freestanding, and/or pole signs exist on the property, or in the case of a unified shopping center, all the parcels, all signs shall be brought into compliance with the strict application of this article as part of the use permit process.

(e)

Electronic message boards may only advertise establishments and/or products available on-site.

(f)

Electronic message boards shall be available for emergencies, such as distressed conditions (e.g., flood, natural disaster, etc.), law enforcement emergencies (e.g., Amber Alert), or issues of Statewide concern (e.g. drought conditions) at the request of the City. Time allocated for City requested messages shall not exceed 15%, unless determined to be an emergency by the City.

(g)

All electronic signage shall display static images only.

(h)

Message duration. Signs may only change their static images once every ten seconds.

(i)

Transitions from one static image to the next shall appear instantaneous without the use of animation, swipes, flashing, or frame effects.

(j)

Such signs shall come equipped with automatic dimming technology which automatically adjusts the brightness of the sign in direct correlation with ambient light conditions (i.e., daytime, nighttime, cloudy conditions).

(k)

Signs shall be a constructed of high quality pixel pitch resolution. The pixel pitch resolution shall not exceed 14 mm.

(l)

Signs shall be full color digital displays. No monochrome displays.

(m)

Signs shall be comprised of high definition, light emitting diodes (LED).

(n)

Signs shall not be illuminated between 10:00 p.m. and sunrise when located within 150 feet of a residential zone district.

(o)

Electronic message boards shall not exceed a brightness level of 0.3 foot-candles above ambient light.

(p)

The owner of any illuminated sign shall arrange for a certification by an independent contractor showing compliance with brightness standards at the request of the City. The results of the inspection shall be provided within 14 days of the request by the City.

(q)

Default display. In the case of malfunction, digitally-illuminated signs shall contain a default design to freeze the sign message in one position.

(r)

Each automatic changeable copy sign shall be operated with monitoring and methods in place that shall either turn off the display, or show a full black image on the display, in the event of a malfunction that affects more than 50% of the sign face.

(s)

New electronic monument signs shall be located in an enhanced landscape planter within the project boundaries. The enhanced landscape planter shall be a minimum area of two times the size of the sign copy.

(t)

Signs located on a project site with four or less business, no more than one-half of the monument sign shall be designed with electronic messaging.

(u)

Signs located on project sites with more than five businesses, no more than one-third of the monument sign shall be designed with electronic messaging.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6313. - Signage allowances for specific uses.

This section establishes signage allowances for specific uses. These signs are allowed in addition to the signs allowed by zoning district, if any.

(a)

Drive-through menu display boards. A maximum of two menu boards, not exceeding 20 square feet in area apiece, with a maximum height of six feet are permitted per drive-through. Should a facility have two drivethroughs, each drive-through may have two menu boards. All outdoor speakers shall be directed away from a residential zone district.

(b)

Service stations.

(1)

Monument signs may provide electronic fuel prices. A freestanding and/or monument sign that is to be converted to an electronic fuel price sign shall comply with the size requirements and setbacks required by the sign ordinance.

(2)

Fuel prices shall be static and shall not be blinking, flashing, continuously changing colors, etc.

(3)

Only one electronic fuel price sign is permitted per site.

(4)

Electronic numbers shall not exceed 24 inches in height.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6314. - Temporary signs.

(a)

A-frame signs. A-frame signs shall comply with the standards below. A permit is not required.

(1)

Quantity. A maximum of one A-frame sign per business is allowed.

(2)

Locations.

(i)

Private property. May be on privately owned commercial property landscape setbacks.

(ii)

Public property. Where there is no private property available because the storefront of the business is directly adjacent to the public right-of-way, a business may place an A-frame sign on the sidewalk, directly in front of the subject business with the approval of an encroachment permit from the City.

(iii)

If located on a pedestrian path four-foot-wide travel path shall be maintained for through pedestrian traffic.

(iv)

A-frame signs shall not be located less than 18 inches from a curb.

(v)

A-frame signs shall not be located in front of another commercial establishment.

(vi)

A-frame signs shall not be located more than 50 feet from the establishment for which it is advertising.

(vii)

May only be displayed during the normal business hours of the business it is advertising.

(viii)

It is the business owner's responsibility to assure that signs remain in good condition and repair (no peeling paint, tacked on notices or general unkempt appearance).

(3)

Lighting. A-frame signs shall not be illuminated except by ambient sources.

(4)

Design.

(i)

A-frame signs shall have no more than two sides.

(ii)

The height of an A-frame signs shall be no less than 18 inches and no more than 36 inches.

(iii)

The width of an A-frame signs shall be no less than 18 inches and no more than 24 inches.

(iv)

Signs shall be professionally manufactured.

(v)

The sign must be constructed of materials that present a finished appearance. The sign frame shall be painted or stained wood or anodized aluminum or metal. Plastic framed signs are prohibited, as are stenciled or spray painted signs. Chalkboard signs are permitted.

(vi)

Common rough-cut plywood is not permitted. All interior parts of the signs shall be finished with a painted surface to blend with the rest of the sign design.

(vii)

Paper signs, wind-activated items (such as balloons, windsocks, and pinwheels), and non-rigid changeable areas may not be attached to a sign.

(viii)

Stabilization. Signs shall be able to withstand wind gusts or be removed during inclement weather.

(ix)

Creative shapes that reflect the theme of the businesses are encouraged.

(b)

Window signs. Permanent or temporary signs that are painted on, or otherwise displayed from the inside surface of a window, showcase, or other similar facility are permitted in addition to other permitted signs, provided that all such commercial and incidental signs (both temporary and permanent) do not exceed a combined maximum of 35% of the total window area. Window signs do not include window coverings, such as films, so long as the film does not provide advertising.

(c)

Special event signs. Temporary flags, banners, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to temporary sign permit and/or zone clearance approval for establishments within nonresidential zone districts, subject to the following standards. Signs of this type do not count towards total maximum sign area.

(1)

Maximum number. A maximum of one type of sign is allowed per street frontage, plus two flags per street frontage.

(2)

Maximum height. If a banner is on a freestanding pole, the pole height shall not exceed ten feet; signs affixed to the building shall not be located above the roofline. Flags shall not exceed ten feet in height.

(3)

Maximum size. The maximum total sign area is 60 square feet.

(4)

Balloon sign/air-inflated signs. Air-inflated signs shall have a minimum separation of one-half mile from other air-inflated signs and may not be within 100 feet from residential zoning district. Air inflated signs shall not exceed 20 feet in height measured from the top of the finished grade to the top of the sign.

(5)

Duration. No sign per this section shall be displayed for more than 30 days, and a period of 30 days must lapse before displaying another special event sign. Signs shall not be displayed for more than 90 total days during a calendar year.

(6)

Removal. Signs shall be removed within 12 hours of completion of the event.

(d)

Seasonal displays. For commercial zone districts, seasonal displays may be suspended from the parking lot light standards, such as bunting used to attract attention to a unified shopping center, provided the following can be met:

(1)

The display does not advertise a company; product or special event associated with an individual business.

(2)

The display is designed so it does not obstruct traffic, sight distance, parking area lighting or existing directional signs.

(3)

Individual decorative features shall not exceed 12 square feet per light posts.

(4)

There shall be a minimum clearance of eight feet from the floor to the bottom of a decorative feature attached to a light posts.

(5)

Installation shall be subject to securing a zoning clearance (Section 8-5.7002) by the Development Services Director.

(e)

Contractor signs. Contractor signs advertising materials, appliances, and building trades shall comply with the following:

(1)

Maximum size. Signs shall not to exceed 80 square feet per street frontage.

(2)

Maximum height. Signs shall not to exceed ten feet in height.

(3)

Duration. Signs may be installed for the duration of an active building permit. Signs shall be removed within five days of a certificate of occupancy.

(f)

Temporary subdivision signs. On-site temporary real estate signs advertising real property which has been subdivided for purposes of sale shall be subject to the following conditions:

(1)

Zone clearance. A zone clearance is required.

(2)

Location criteria. May not be located within 2,500 feet of another subdivision sign except in the case of signs on different corners of an intersection.

(3)

Permitted subdivisions. Signs may only advertise subdivisions located within the City limits and/or within the City's sphere of influence and which have applied for annexation to the City.

(4)

Maximum number. Two per subdivision, plus one additional sign for every 20 acres over 40 acres in area. Signs shall be on-site.

(5)

Maximum sign area per sign. 48 square feet for sites less than 20 acres in area; 72 square feet for sites 20 acres or greater in area.

(6)

Height limit. Ten feet.

(7)

Duration. The sign shall remain only as long as a portion of the property advertised for sale remains unsold, or for a period of two years, whichever period is shorter. The two-year period shall begin on a date determined by the Director. The Director may extend this period.

(8)

Illumination. Signs shall not be illuminated except by ambient sources.

(9)

Design.

(i)

The City name and logo shall be displayed prominently on the sign.

(ii)

Signs shall be professionally manufactured.

(iii)

Signs shall have no more than two sides.

(iv)

Sign must be designed as an architecturally-enhanced structure that shall include features such as a decorative cap and cornice detail, stone-clad or masonry clad columns, stone-clad or masonry clad foundation, carved/sculptured wood construction, or other similar architectural features as determined to be appropriate by the Development Services Department.

(v)

The sign must be constructed of materials that present a finished appearance. The sign frame shall be painted or stained wood or anodized aluminum or metal. Plastic framed signs are prohibited, as are stenciled or spray painted signs.

(vi)

Nonstructural trim. Nonstructural trim shall be incorporated into signs. Surfaces may be of wood, metal, approved plastics, or any combination thereof, treated or painted to resist oxidation, decay or dry rot.

(vii)

Common rough-cut plywood is not permitted. All parts of the signs shall be finished with a painted surface to blend with the rest of the sign design.

(viii)

Stabilization. Signs shall be able to withstand wind gusts or be removed during inclement weather.

(10)

There shall be no additions, tag signs, streamers, balloons, flags, devices, display boards, or appurtenances, added to the sign.

(11)

Maintenance. It is the owner's responsibility to assure that signs remain in good condition and repair (no peeling paint, tacked on notices or general unkempt appearance).

(12)

Signs shall not be a visibility hazard to traffic on adjacent streets or parking areas.

(g)

Temporary subdivision flags. Bearing the name of the developer or development and only when utilized in association with an approved model home sales office for a new residential subdivision. Subdivision flags shall comply with the following:

(1)

Two flags per model home and 4 flags at the subdivision entrance not to exceed a maximum area of 20 square feet each and a pole height of 20 feet.

(2)

If there are no model homes, then up to four flags may be utilized in addition to those at the subdivision entrance.

(h)

Real estate signs. Real estate signs are subject to the regulations below. A permit is not required. Real estate signs advertising real property for sale after being subdivided shall not be subject to this subsection, but shall be subject to subsection (g) (temporary subdivision signs) above.

(1)

On-site real estate signs. On-premises signs conveying information about the sale, rental, or lease of the lot, premises, dwelling, or structure on which they are located, provided that they comply with the following standards:

(i)

No more than one real estate sign per lot in a residential zone district, or one real estate sign per street frontage per lot in nonresidential districts, is displayed at any one time;

(ii)

Height and area:

==> picture [336 x 163] intentionally omitted <==

(iii)

Wall signs shall not be higher than seven feet above grade in a residential zone district or 15 feet in nonresidential district. Freestanding signs shall not exceed six feet in height in residential districts or eight feet in height in nonresidential districts.

(iv)

The sign or signs are not illuminated; and

(v)

The sign or signs shall be removed within 15 days after the sale, lease, or rental of the property has been completed.

(2)

Directional Signs for open houses. Up to three off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings, or structures that are for sale, lease, or rent, are permitted on public or private land, provided that they comply with the following standards:

(vi)

No sign or signs shall exceed six square feet in area, or three feet in height from finished grade.

(vii)

The sign or signs may not be placed more than 12 hours before the start or remain more than 12 hours after the conclusion of the open house event.

(viii)

Signs shall not inhibit circulation nor be within the visibility triangle per Public Works Policy ST 22, Site Distance Triangle.

(i)

Political/campaign signs. Shall comply with the standards below. Signs are not required to obtain a permit.

(1)

Size. Signs shall not exceed 32 square feet.

(2)

Height. Signs shall not exceed ten feet in height.

(3)

Time limits. Signs shall be removed seven days after an election as determined by the County election office.

(4)

Signs shall not obstruct. Signs shall be instructed in such a manner that they will, or reasonably may be expected to, interfere with, obstruct, confuse, or mislead the pedestrians, cyclist, or motorist.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6315. - Flags.

Freestanding flagpoles may be installed in accordance with the standards below and subject to a zone clearance per Section 8-5.7002.

(a)

Location.

(1)

Flags in residential zone districts shall be set back a minimum of 15 feet from all property lines.

(2)

Flags in commercial and industrial zone districts shall be set back a minimum of one foot for each foot in height from a residential zone district.

(b)

Maximum flagpole height. The pole height shall not exceed 25 feet.

(c)

Maximum size. 24 square feet in residential zone districts, 32 square feet in all other zone districts.

(d)

Decorative flags. Flags may be for noncommercial purposes. Permitted flags include, but are not limited to, countries, counties, cities, branches of the military, or decorative flags that do not contain a commercial message.

(e)

Residential zones.

(1)

Developed with residential uses. One flagpole.

(2)

Residential Zones developed with nonresidential uses. Two flagpoles.

(f)

Commercial and industrial zones. Two flagpoles.

(g)

Additional flagpoles. The Planning Commission may approve up to four flagpoles subject to approval of a use permit pursuant to Section 8-5.7003 in nonresidential districts.

(h)

Temporary flags. For temporary flags refer to Section 8-5.6314(c), and for temporary subdivision flags refer to Section 8-5.6314(f).

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

(a)

Projects requiring a master sign program. A master sign program is required for the following types of projects:

(1)

Nonresidential or mixed use projects. All new nonresidential or mixed use projects of five or more separate tenants.

(2)

Multiple signs. Proposals for five or more signs on the same building or site with one or two tenants, such as parking areas.

(3)

Shopping centers. Any unified shopping center or shopping center that shares common areas.

(4)

Electronic message boards. Signs with an electronic message board.

(b)

Required submittals. An application of approval of a master sign program shall contain the following information:

(1)

A site plan showing the location of buildings, parking lots, driveways and landscaped areas;

(2)

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of signs allowed;

(3)

An accurate indication on the site plan of the proposed location of each proposed sign and existing sign which is to remain;

(4)

Lighting and sign construction materials; and

(5)

Sign dimensions (if tenants are not known, generic dimensions may be presented).

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6317. - Nonconforming signs.

Refer to Section 8-5.7306 for nonconforming signs.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6318. - Sign removal.

Demolition or clearance of the site. Should a site be cleared, signs, including poles, foundations, etc., shall be removed. This includes sites that are cleared for redevelopment.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.6319. - Sign maintenance.

All signs and associated supporting structures shall be maintained in good condition, without rips, tears, and similar damage.

(a)

Deteriorated signs. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, or in an otherwise dilapidated condition shall be promptly repaired, to the satisfaction of the City, or removed.

(b)

Graffiti. Graffiti on a sign shall be removed within 48 hours of notice of its placement on such sign.

(c)

Maintenance standards. All parts, portions, units, and materials composing a sign, together with the frame, background, surface, support, or enclosure shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts, and structural parts, supporting frames, and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons, or property or constitute a nuisance.

(d)

Summary removal of hazards. Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, it may be removed by City personnel, or have its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.

(e)

Repair or removal. Every sign displayed within the City, including but not limited to those signs for which permits are or are not required, shall be maintained in good physical condition. All signs, together with supports, braces, anchors, and electrical components, shall be kept in a safe, presentable condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Development Services Director may order the repair or removal of any sign determined by the City to be unsafe, defective, damaged, or substantially deteriorated.

(Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Article 64. - Trash Enclosures

Sec. 8-5.6401. - Requirements.

All multiple-family, commercial or industrial structure(s) shall have a trash receptacle on the premises. The trash receptacle shall be of sufficient size to accommodate the trash generated on site and shall be located so that it is readily accessible to collection agency vehicles. If a trash bin or dumpster is used it shall be screened by a six ft. high solid masonry wall enclosure and a solid self-locking gate that are architecturally

compatible with the main building. The gate shall be maintained in good working order and shall remain closed except when in use. All sides, excluding the gate side, visible from a public area shall be located in a landscaped area. For smaller businesses that utilize garbage cans or toters they shall be either located indoors or shall be screened from public view with material architecturally compatible with the main building.

(§ 8-5.6401, Ord. 010-94, eff. January 5, 1995)