Part V — ADMINISTRATION

The purpose of the administrative provisions are to provide procedures and permit options for the implementation of this chapter.

Article 70. - Types of Review/Permits

Sec. 8-5.7001. - Permitted uses—Level of review for multiple-family, commercial and industrial uses.

This section specifies the level of review for proposed multiple-family, commercial and industrial uses of land or structures that are listed as "permitted" uses within the district the proposed use is located. The process provides for increasing levels of review based on the size or intensity of a project. For specific construction standards and regulations within flood hazard zones, see Title 6, Chapter 9, Article 9, Flood Damage Prevention, for additional information.

(a)

Level of review. To determine the applicable review process, a proposed project shall be compared to the following matrix. When Planning Commission (Section 8-5.7001(c)) or City Council (Section 8-5.7001(d)) development plan (also known as development permit) review is required by this article, and a use permit is also required, then the use permit review process shall be used in lieu of the development plan process.

Notwithstanding, in the alternative City Council use permit review process (Section 8-5.7003(f)) and development plan review process (Section 8-5.7001(e)) may be used in the sole discretion of the City Council for qualifying use permit reviews and development plans, respectively.

(1)

Expansion of facilities have the same level of review as a new project (considering expansion area only) provided it has been two years or more between original completion and beginning of the next expansion. Otherwise the total square footage is figured as cumulatively.

(2)

May be subject to an alternative review process by the City Council per Section 8-5-7001(e).

(b)

Ministerial development plan review.

(1)

Those projects determined to be ministerial shall be reviewed and decided upon by the Planning Director. No public hearing is required for this level of review.

(2)

Following receipt of a complete application and review of the application, the Planning Director shall do one of the following:

(i)

Approve the application if it is determined that the proposal will comply with all applicable requirements of this chapter and other City standards. Applications for all residential uses are required to satisfy at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code. The term to begin and complete construction for an approved development plan shall be the same as the building permit.

(ii)

Deny the application if it is determined that the proposal will not comply with all applicable standards of this chapter and all other City standards.

(iii)

Request further information as needed in order to make the determination to approve or deny the application.

(3)

Appeals. The decision of the Planning Director may be appealed to the Planning Commission (Section 8- 5.7104(a)). Upon request of the appealing party, the City Council may waive any fee required for an appeal to the City Council, in whole or in part, to the appealing party.

(c)

Planning Commission development plan review. This provides a review process for medium to large expansions or new projects that for which the anticipated uses are permitted by the district in which the proposal is located. Because of the scale of the proposal the Planning Commission's review is needed to assure that the project will be compatible with existing or expected neighboring improvements and that adequate public facilities are available to serve the project.

(1)

Process. Following acceptance of a complete development plan application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. The City Council shall also be provided with a general description of the proposed project and location. Following review by City staff and recommendation by the Planning Department, the Planning Commission shall conduct a public hearing on the proposal. Procedures contained in Article 71 of this chapter are applicable to the Planning Commission development plan review unless the alternative City Council development plan review process is required per Section 8-5.7001(e).

(2)

Notice and hearing. Notice of a public hearing shall be given pursuant to Government Code §§ 65090 through 65095.

(3)

Determination. Following the close of the public hearing the Planning Commission shall approve, approve with conditions or deny the application within 30 days of the close of the hearing.

(4)

Findings for approval. Approval or approval with conditions shall be granted when the following findings can be made, based on information in the record:

(i)

The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping and other features required by this chapter.

(ii)

The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.

(iii)

The site design, design of the buildings and the scale of the project will complement neighboring facilities.

(iv)

The application satisfies at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code.

(5)

Appeals. The decision of the Planning Commission may be appealed to the City Council (Section 8- 5.7104(b)).

(d)

City Council development plan review. The City Council development plan review process shall be the same as established for the Planning Commission development plan review except that the Planning Commission, following a public hearing, shall make an advisory recommendation to the City Council. Following the Commission's recommendation, the Council shall conduct a public hearing. The development plan shall be decided based on the same findings as required of the Planning Commission. Procedures contained in Article 71 of this chapter are applicable to City Council development plan review.

(e)

Alternative City Council development plan review process. Notwithstanding any other provision of this section, the City Council may review a development plan pursuant to an alternative City Council

development plan review process. That process shall follow the same process as the City Council use permit review process in Section 8-5.7003(m), except that it shall only apply to development plan reviews that would otherwise be subject to 8-5.7001(c) (Planning Commission development plan review) and (d) City Council development plan review, and if the alternative City Council development plan review process is no approved by a majority of the City Council, or if not decision is rendered by the City Council within 20 days of the first meeting, then it shall not be used and an applicable level of review as set forth in 8- 5.7001(c) and (d) shall be applied instead.

(f)

Review authorized by condition of approval. If a previously approved development plan or other entitlement granted by the City has a condition of approval requiring proposed modifications to, or review of, said entitlement to be submitted to City Council for approval consideration, then the alternative City Council development plan review process shall be used for said entitlement. No approval by the majority of the City Council shall be required in such circumstances.

(§ 8-5.7001, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016; Ord. No. 007-20, § 3, 3-17-2020; Ord. No. 008-21, § 3, 10-192021)

Sec. 8-5.7002. - Zoning clearances.

When required by the district in which the use of land or a structure is located, a zoning clearance is required prior to commencing with either construction or use. The Planning Director is responsible for reviewing and determining whether the proposal meets all required standards for any of the uses for which zoning clearances are required by this chapter. Projects that meet all City requirements shall be approved. No public hearing is required for issuance of a zoning clearance.

(a)

Action by the Director. Following receipt of a complete application and review of the application, the Planning Director shall do one of the following:

(1)

Approve the application if it is determined that the proposal will comply with all applicable requirements of this chapter and other City standards. If conditions warrant, the Planning Director may apply a reasonable term to the permit.

(2)

Deny the application if it is determined that the proposal will not comply with all applicable standards of this chapter and all other City standards.

(3)

Request further information as needed in order to make the determination to approve or deny the application.

(b)

Appeals. The decision of the Planning Director may be appealed to the Planning Commission (Section 8- 5.7104(a)).

(§ 8-5.7002, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7003. - Use permits.

Uses requiring a use permit are those for which their effect on surrounding uses and the environment typically cannot be determined in advance of being proposed for a particular location. This process provides for the review of the location, configuration, design and impacts of the proposed use.

(a)

Process. Following acceptance of a complete use permit application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. The City Council shall also be provided with a general description of the proposed use and location. Following review by City staff and recommendation by the Planning Department, the Planning Commission shall conduct a public hearing on the proposal unless the alternative City Council use permit review process is required per Section 8-5.7003(f).

(b)

Notice and hearing. Notice of a public hearing shall be given pursuant to Government Code §§ 65090 through 65095.

(c)

Determination. Following the close of the public hearing the Planning Commission shall approve, approve with conditions or deny the use permit application within 30 days of the close of the hearing.

(d)

Findings for approval. Approval or approval with conditions shall only be granted when the following findings can be made, based on information in the record:

(1)

The proposal is consistent with the General Plan.

(2)

The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping and other features required by this chapter.

(3)

The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.

(4)

The site design and the size and design of the buildings will complement neighboring facilities.

(5)

The establishment or operation of the use or building applied for will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

(6)

At least one of the findings in Title 6, Chapter 9, Article 6 of the Municipal Code is satisfied.

(e)

Appeals. The decision of the Planning Commission may be appealed to the City Council (Section 8- 5.7104(b)). Upon request of the appealing party, the City Council may waive any fee required for an appeal to the City Council, in whole or in part, to the appealing party.

(f)

Alternative City Council use permit review process. Notwithstanding any other provision of this section, the City Council may review a use permit pursuant to an alternative City Council use permit review process as follows:

(1)

Once a use permit application is final, and prior to commencing any other level of review process, the Planning Director will provide a general description of the proposed use and location to the City Council.

(2)

Within seven calendar days thereafter, any member of the City Council may direct the City Manager to add an item on the agenda, at the next reasonably available meeting of the City Council, for consideration whether to use the alternative City Council use permit review process. If no request is made within seven calendar days, the Planning Director shall proceed with the level of review otherwise set forth in Section 8- 5.7003(a))

(3)

No less than seven calendar days prior to the matter being considered by the City Council, the Planning Director shall give notice to the applicant that the City Council will be considering whether to proceed with the alternative review process. Notice shall include the date, time and place of the City Council meeting, a general explanation of the matter to be considered, and a general description of the location of the property for which the use permit is proposed. Notice of the meeting shall also be mailed, emailed or otherwise provided at least seven days prior to the meeting to all owners of real property as shown on the latest

equalized assessment roll within 300 feet of the real property that is subject to the meeting. In the alternative, if the nature of the use is such that more than 250 parcels of real property would be within 300 feet of the proposed use, then notice may be published in a newspaper of general circulation. The failure of any person or entity to receive notice given pursuant to this subsection shall not constitute grounds for invalidating any action for which the notice was given.

(4)

At the next reasonably available meeting of the City Council, the City Council may consider whether to proceed with the alternative City Council use permit review process. Factors for proceeding with the alternative review process can include likelihood of an appeal to the City Council if another review process is used, the public interest in expediting the review process, and other items related to public health, safety and welfare. The City Council may not consider the merits of, or whether to approve or deny, the use permit, but shall have sole discretion whether to utilize the alternative review process for the use permit.

(5)

The alternative City Council use permit review process may not be used unless approved by a majority of the City Council. If so approved, the City Council use permit review process shall be the same as

established for the Planning Commission use permit review. No advisory recommendation from the Planning Commission is required, but may be requested by the City Council. If so requested, the Planning Commission, following a public hearing, shall make an advisory recommendation to the City Council within 40 days of first hearing the matter. Following the Planning Commission's recommendation, or if none is requested, the Council shall conduct a public hearing. The use permit shall be decided based on the same findings as subsection (d) of this section.

(6)

The decision of the City Council shall be final; there is no right of appeal.

(7)

If the alternative City Council use permit review process is not approved by a majority of the City Council, or if no decision is rendered by the City Council within 20 days of the first meeting, then it shall not be used and an applicable level of review as set forth in subsection (a) shall be instead applied

(§ 8-5.7003, Ord. 010-94, eff. January 5, 1995)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016; Ord. No. 007-20, § 4, 3-17-2020; Ord. No. 008-21, § 4, 10-192021)

Sec. 8-5.7004. - Variances.

Variances are utilized to provide relief from the strict application of the provisions of this chapter where special circumstances pertaining to physical characteristics of the site are such that the strict application of the standards in this chapter deprives a property of the privileges enjoyed by other properties in the vicinity and under the same zone district. Variances cannot be used to modify the types of permitted uses in a district.

(a)

Application. Applications for variances shall be accompanied by a statement with supporting and other evidence showing that, due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives the property owner of privileges that are enjoyed by other properties in the vicinity with the same zoning classification.

(b)

Process. Following acceptance of a complete variance application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. Following review by City staff and recommendation by the Planning Department, the Planning Commission shall conduct a public hearing on the proposal.

(c)

Notice and hearing. Notice of a public hearing shall be given pursuant to Government Code §§ 65090 through 65095.

(d)

Determination. Following the close of the public hearing, the Planning Commission shall approve, approve with conditions or deny the variance request within 30 days of the close of the hearing.

(e)

Findings for approval. Approval or approval with conditions shall only be granted when the following findings can be made based on information in the record:

(1)

There are special circumstances applicable to the size, shape, topography, location or surroundings of the property, and because of these circumstances, the strict application of the provisions of this chapter would deprive the property of privileges enjoyed by other properties in the vicinity and in the same zone district.

(2)

Approval of the variance will not be a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zone district.

(3)

The variance does not authorize a use not otherwise permitted by the zone district in which the property is located.

(4)

Approval of the variance will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of such use or be detrimental or injurious to property or

improvements in the neighborhood or to the general welfare of the City.

(f)

Appeals. The decision of the Planning Commission may be appealed to the City Council (Section 8- 5.7104(b)).

(§ 8-5.7004, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7005. - Application withdrawal.

The Planning Director shall have the authority to accept the withdrawal of any application submitted for consideration pursuant to the provisions of this chapter. The refund of any portion of the application fees shall be based on staff time spent during the review process prior to the date of the requested withdrawal.

(§ 1, Ord. 07-95, eff. August 31, 1995)

Article 71. - Permit and Variance Procedures

Sec. 8-5.7101. - Filing applications.

Applications and other approvals required by this chapter shall be filed with the Planning Department by at least one of the property owners, or by an authorized agent of the property owner. The application shall be on forms, and contain information, prescribed by the Planning Director. All applications required by this chapter shall be accompanied by the appropriate fees, as established by the City Council.

(§ 8-5.7101, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7102. - Applicability.

All permits and variances approved under the authority of this chapter shall run with the lot(s) for which the permit or variance is issued and not with a person, unless otherwise stated within the permit.

(§ 8-5.7102, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7103. - Concurrent processing of multiple applications.

Whenever there are multiple applications required by this chapter and Chapters 8-2 (Subdivisions), 8-6 (Condo Conversions), 8-7 (Stock Cooperatives) and 8-8 (General Plan Amendments) of the Municipal Code for a single project, the applicant may choose to have the applications processed concurrently. When this method is utilized, the decision on all the project applications shall be made by the highest level of review authority required for any of the applications.

When concurrent applications are filed, which includes a General Plan amendment and/or rezoning, the time limits for processing project applications pursuant to Government Code § 65950 et seq. shall not commence until the General Plan amendment and zoning ordinance become effective.

(§ 8-5.7103, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7104. - Appeals.

(a)

Planning Director decisions.

(1)

Filing. Any applicant or person claiming to be directly and adversely affected by any action of the Planning Director in carrying out the provisions of this chapter may, within ten days after such action, file a written appeal to the Planning Commission. Such appeal shall be filed with the Planning Department and shall stay the issuance of any permit in connection with the action pending a decision by the Commission.

(2)

Decision. Upon receipt of such appeal, the Planning Commission shall, after receiving a report from the Planning Director and after holding at least one public hearing on the matter, render a decision sustaining, amending, or overruling the action of the Planning Director on such matter.

(b)

Planning Commission decisions.

(1)

Filing. Any applicant or person claiming to be directly and adversely affected by any action of the Planning Commission in carrying out the provisions of this chapter may, within ten days after such action, file a written appeal to the Council. Such appeal shall be filed with the City Clerk. The filing of an appeal shall stay the issuance of any permit in connection with the action pending a decision by the Council.

(2)

Decision. Upon receipt of such appeal, the City Council shall, after receiving a report from the Planning Commission and after holding at least one public hearing on the matter, render a decision sustaining, amending, or overruling the action of the Planning Commission on such matter.

(§ 8-5.7104, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7105. - Expiration of permits and variances.

Every permit and variance provided for in this chapter, unless otherwise provided or otherwise conditioned as part of the permit, expires and is null and void without further action by the City if the activity or use for which the permit was issued has not substantially commenced, or in the case of new construction, the construction has not been substantially commenced, within two years of the date of its approval or, in the case of appeals, the date the approval was affirmed or a denial was reversed. For the purpose of this article, "commencement of construction" means the installation of building foundations.

In the case of phased projects decided upon by the Planning Commission or City Council, construction of the first phase must be substantially commenced within two years, additional phases may be granted additional time if provided as a part of the application process or as an amendment to the application.

In the case of a project that has commenced construction prior to its expiration date, or its extended expiration date if an extension has been granted, or the phase expiration date if it is a phased project, construction must be completed within two years of the expiration date or the permit expires and becomes null and void without any further action by the City.

When a use or action for which a permit was granted has been discontinued for a period of one year, that permit shall expire and becomes null and void without further action by the City.

(§ 8-5.7105, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7106. - Extensions of time.

The body that considered the original application may grant two-year extensions for any permit or variance. In order to grant the extension, a written request for an extension must be made by the applicant prior to the expiration date and it is determined that conditions have not changed to the extent that would warrant denial of the extension. No public hearing is required to grant an extension of time.

(§ 8-5.7106, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7107. - Amendments to permits and variances.

Amendments to permits may be granted as follows:

(a)

Minor revisions for which the resulting project is considered by the Planning Director to be substantially the same as originally approved, may be approved by the Planning Director unless otherwise required by a condition of approval requiring review by the City Council.

(b)

All other revisions must be reviewed and decided upon by the body having the authority to decide upon the original application, unless otherwise required by a condition of approval requiring review by the City Council, or as otherwise may be warranted by either the City Council use permit review process. Upon application for an amendment to a permit, the permit procedures and requirements set forth in this chapter shall be complied with.

(§ 8-5.7107, Ord. 010-94, eff. January 5, 1995; Ord. No. 007-20, § 5, 3-17-2020; Ord. No. 008-21, § 5, 1019-2021)

Sec. 8-5.7108. - Failure to comply with conditions.

Failure to comply with any permit or variance condition is a violation of the Zoning Code subject to enforcement provisions described in Article 74 of this chapter. Furthermore, a permit granted in accordance with this chapter may be revoked by the City Council (Section 8-5.7109) upon failure to comply with any of the conditions of the permit or any ordinance in connection with the permit.

(§ 8-5.7108, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7109. - Revocation of permits and variances.

Any permit or variance approved under the authority of this chapter may be revoked by the City Council. In lieu of revocation, the City Council may amend the existing conditions of approval or impose additional conditions, as appropriate.

Whenever the Planning Director determines that one or more grounds may exist for the revocation of a permit or variance, the City Council may set the matter for a hearing. The holder of the permit or variance shall be given notice by mail of the time and place of the hearing at least ten days prior to the hearing.

Grounds for revocation include:

(a)

Noncompliance with conditions of approval.

(b)

Violation of the law in connection with any permit or variance.

(c)

Expansion of the use or facility without amending the existing permit or variance or not obtaining a new permit or variance.

(d)

Conducting the use or exercising the variance in a manner that threatens or is injurious to public health or safety or constitutes a nuisance.

(e)

False or erroneous information was provided as to a material matter or significant issue regarding the permit or variance.

(§ 8-5.7109, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7110. - Reapplication.

Following the denial of a permit or variance by the Planning Commission, or revocation or denial of an appeal by the City Council, no permit or variance for the same or substantially the same permit or variance shall be filed within six months after the date of the previous final action.

(§ 8-5.7110, Ord. 010-94, eff. January 5, 1995)

Article 72. - Amendments to the Zoning Code

The provisions of this chapter, including changing the boundaries of districts or changing the text of the ordinance, shall be by the procedure set forth in this article.

Sec. 8-5.7201. - Initiation.

An amendment may be initiated by:

(a)

The petition of one or more owners of property affected by the proposed amendment;

(b)

By action of the City Council; or

(c)

By action of the Planning Commission.

(§ 8-5.7201, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7202. - Process.

(a)

Staff review. Following acceptance of a complete application, the proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. Following review by City staff, a recommendation shall be prepared by the Planning Department and forwarded to the Planning Commission.

(b)

Planning Commission review. The Planning Commission shall hold at least one public hearing on a proposed amendment and shall give notice of such hearing as required by the Government Code §§ 65090 through 65095 and by such other means of notification the Planning Commission may require.

At the conclusion of the public hearing the Planning Commission shall either:

(1)

After making the appropriate findings, recommend approval of the proposed amendment or a modified amendment, in a written report to the City Council; or

(2)

Disapprove the proposed amendment. Following a disapproval of the proposed amendment, a written notification of the disapproval shall be transmitted to the applicant and to the City Council. The Planning Commission's action shall become final within ten days after the Planning Commission decision unless an appeal is filed (Section 8-5.7104(b)).

(c)

City Council review. Following receipt of the recommendation of the Planning Commission to approve an amendment, or upon the filing of an appeal, pursuant to Section 8-5.7104(b) of this chapter, the disapproval by the Planning Commission of an amendment petition, at least one public hearing before the Council shall

be held. Notice of the hearing shall be given as required by the Government Code §§ 65090 through 65095 and by such other means of notification the Council may require.

The City Council may approve or deny any recommendation of the Planning Commission, provided that any amendments made by the Council which were not considered by the Planning Commission shall first be referred to the Planning Commission for its recommendation. The Planning Commission is not required to conduct another public hearing on the matter. If the Planning Commission fails to make a recommendation within 40 days after the Council referred the matter to the Commission, the modification shall be deemed to be recommended for approval by the Commission.

(d)

Findings. An amendment to this Zoning Code may be made only if the finding is made that the proposed amendment is consistent with the General Plan.

(e)

Withdrawal of petition. Any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition.

(f)

Abandonment of proceedings. The Planning Commission or City Council may, by resolution, abandon any proceedings initiated by its own action.

(§ 8-5.7202, Ord. 010-94, eff. January 5, 1995)

Article 73. - Nonconforming Structures and Uses

These provisions provide for the orderly correction or termination of nonconforming structures and uses in a reasonable manner to promote the public health, safety and general welfare.

Sec. 8-5.7301. - Nonconforming structures.

A nonconforming structure may continue and be maintained, subject to the following limitations:

(a)

Maintenance, repairs, changes to interior partitions and other nonstructural improvements may be made to a nonconforming structure.

(b)

Structural repairs, such as bearing walls, columns, beams or girders, may be modified only when the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public, occupants of the nonconforming structure or adjacent property, and the cost does not exceed one-half of the replacement cost of the nonconforming structure.

(c)

If a nonconforming structure is damaged or partially destroyed by fire or any other calamity or act of God to the extent of not more than 50% of its replacement cost, it may be restored to its original dimensions, and no more. If such damage or destruction exceeds 50% of the fair market value of such nonconforming structure, no repairs or reconstruction shall be made unless every portion of such building and the site is made to conform to all the regulations of the district in which it is located.

(d)

A nonconforming structure shall not be enlarged or extended in any manner unless all such changes and/or improvements conform to all regulations of the zoning district in which it is located.

(e)

If the use of a nonconforming structure is discontinued for a period of one year or more the structure shall lose its nonconforming status and shall not be reused unless it is brought into conformance with the provisions of this chapter.

(§ 8-5.7301, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7302. - Nonconforming use of a structure.

The nonconforming use of a structure may be continued subject to the following limitations:

(a)

A nonconforming use of a structure may be changed to another nonconforming use of the same or a more restrictive classification; provided, however, when such use is changed to a use of a more restrictive classification, it shall not thereafter be changed back to a use of a less restrictive classification.

(b)

If a nonconforming use of a structure or a portion thereof is converted to a conforming use, no nonconforming use may be resumed in the structure or portion thereof.

(c)

A nonconforming use of a portion of a structure which otherwise conforms to the use regulations shall not be expanded or extended into any other portion of a structure nor changed except to a conforming use.

(d)

If any nonconforming use of a structure or portion thereof is abandoned, discontinued or terminated for a period of one year or more, the right to continue the nonconforming use shall expire and subsequent use of the structure or portion thereof shall be in conformity with the regulations of the zoning district in which it is located.

Nonconforming use of a structure may be re-established in a structure which cannot be used for conforming uses because of the original design or because of lawful structural changes made for a previous nonconforming use. A use permit shall be required to re-establish uses. In order to grant a use permit, the Planning Commission shall be required to make the following findings:

(1)

The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50% of the structure value within any five-year period.

(2)

The continuation of the use or structure will not be incompatible with or detrimental to neighboring conforming uses.

As a condition of the use permit, a time limit may be placed on the ongoing nonconforming use of the structure.

(§ 8-5.7302, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7303. - Nonconforming use of land.

The nonconforming use of land, except as otherwise provided in this article, may be continued, provided:

(a)

No such nonconforming use of land shall in any way be expanded or extended, either on the same or adjoining property.

(b)

If such nonconforming use of land, or any portion thereof is discontinued for a period of one year, any future use shall be in conformity with the regulations of the district in which it is located.

(c)

A nonconforming use of land may change to only a use that is in conformance with the regulations of the district in which it is located.

(§ 8-5.7303, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7304. - Nonconforming lots.

Any lawfully created lot which fails to meet the standards for area or dimensions of the district in which it is located shall be considered buildable for purposes of this chapter, provided that all site development standards for the improvements are met or a variance (Section 8-5.7004) from any of the site development standards is approved.

(§ 8-5.7304, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7305. - Nonconforming junkyards.

Any junkyard which exists as a nonconforming use in any district other than a residence district shall, within one year after the effective date of any change in district creating such nonconforming use, be removed, be changed to a conforming use, or be completely enclosed within a building or within a continuous solid fence not less than eight ft. high so as to completely screen all the operations of such junkyard.

(§ 8-5.7305, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7306. - Nonconforming signs.

If the use of a nonconforming sign is abandoned, discontinued, or terminated for a period of six months or more, the right to continue to use the nonconforming sign shall expire and the sign shall be removed within 90 days. Said sign shall not be reused unless it is brought into conformance with the provisions of this chapter. In no event shall the nonconforming sign be used for anything other than permanent on-site business identification. The property owner is responsible for sign removal.

Property owners that have existing standing nonconforming signs that have lost their right to continue use because of abandonment, discontinuance, or termination prior to the effective date of this section may regain the right to continue to use their nonconforming sign provided (i) an application for exemption is received by the planning department within three months of the effective date of this section, and (ii) the resignage is completed within nine months of the effective date of this section.

All nonconforming signs shall be maintained in good physical condition as stated in Section 8-5.6303.

(§ 8-5.7306, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 3, Ord. 004-06, eff. June 15, 2006)

Article 74. - Enforcement, Penalty for Violations

Sec. 8-5.7401. - General requirements.

Any building or structure constructed, erected, altered, enlarged, converted, moved, maintained, used or operated, or any use of property, contrary to the provisions of this chapter or any conditions attached to the granting of a variance, conditional use permit, site plan, or any other permit issued pursuant to this chapter is unlawful.

(§ 8-5.7401, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7402. - Responsibility.

All City officers, departments, and employees vested with the duty or authority to issue permits, licenses, or other entitlements shall do so subject to the requirements of this chapter. No permit, license, or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this chapter. Any permit, license, or other entitlement issued in conflict with any provision of this chapter is null and void as of the date of issuance or approval.

(§ 8-5.7402, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7403. - Enforcement.

(a)

Authority. The Planning Director (or designee) is the enforcing officer for the provisions of this chapter.

(b)

Fines. Violations of the provisions of this chapter shall be an infraction. Upon a conviction there shall be a mandatory fine imposed pursuant to Section 1-2.02 of the Municipal Code.

(c)

Continued violations. Notwithstanding any other provisions of this chapter, each and every day any violation of this chapter or any other ordinance of the City shall be caused or allowed to continue shall constitute a separate violation.

(d)

Enforcement procedure. City staff may use administrative processes, such as notices of noncompliance, warning letters, stop orders, or cease and desist orders, in lieu of or prior to enforcing any provision of this chapter, if it is determined that the process may result in compliance with this chapter at less expense to the City.

(e)

Right of entry. When it is necessary to make an inspection to enforce the provisions of this chapter, or when planning agency personnel have reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous, planning agency personnel may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, planning agency personnel shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, planning agency personnel shall have recourse to the remedies provided by law to secure entry.

(f)

Enforcement costs. Whenever a judicial action or proceeding is brought to abate or enjoin any violation of this chapter, the City may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating, and prosecuting the violation.

The actual cost of Code Enforcement may be applied to those violations which result in any land use permit. Those fees shall be collected pursuant to the most current Resolution of the City Council in effect at the time of permit application.

(§ 8-5.7403, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7404. - Issuance of an entitlement to a property in violation.

No application for a land use permit, construction permit (if the issuance of the construction permit will become a party to or intensify the violation) or land division shall be approved where an existing land use, building or parcel is being maintained in violation of any applicable provision of the Subdivision Map Act, this chapter or any condition of approval of a land use permit, except where the application incorporates

measures proposed by the applicant to correct the violation, and correction will occur before establishment of the new use, or recordation of a final or parcel map in the case of a subdivision.

(§ 8-5.7404, Ord. 010-94, eff. January 5, 1995)

Article 75. - Official Street Map and Official Plan Lines

Sec. 8-5.7501. - Official street map.

As referred to in this chapter, highways, streets and alleys and their centerlines shall be as designated on the Official Street Map, as established by this article.

(§ 8-5.7501, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7502. - Establishment of official plan lines.

Official plan lines may be established for streets shown on the Circulation Element Map of the General Plan. The official plan lines show the ultimate right-of-way needs for the arterials and collectors in the City.

(a)

Process. The proposal shall be distributed by the Planning Department to other City departments and other relevant public agencies for review and comment. Following review by City staff, a recommendation shall be prepared by the Planning Department and forwarded to the Planning Commission.

(b)

Planning Commission review. The Planning Commission shall hold at least one public hearing on the proposal and shall give notice of such hearing as required by the Government Code §§ 65090 through 65095 and by such other means of notification the Planning Commission may require.

At the conclusion of the public hearing the Planning Commission shall either:

(1)

After making the appropriate findings, recommend approval of the proposal or a modified proposal, in a written report to the City Council; or

(2)

After making the appropriate findings, recommend disapproval in a written report to the City Council.

(c)

City Council review. Following receipt of the recommendation of the Planning Commission at least one public hearing before the Council shall be held. Notice of the hearing shall be given as required by the Government Code §§ 65090 through 65095 and by such other means of notification the Council may require.

The City Council may approve or deny any recommendation of the Planning Commission, provided that any amendments made by the Council which were not considered by the Planning Commission shall first be referred to the Planning Commission for its recommendation. The Planning Commission is not required to conduct another public hearing on the matter. If the Planning Commission fails to make a recommendation within 40 days after the Council referred the matter to the Commission, the modification shall be deemed to be recommended for approval by the Commission.

(§ 8-5.7502, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7503. - Rights-of-way shown on official street map.

Following their adoption [rights-of-way] shall be shown on the official street map.

(§ 8-5.7503, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.7504. - Determining yard areas.

For streets that do not have full street improvements:

Front, side, and rear yards which are established, pursuant to this chapter, shall be measured from official plan lines.

If an official plan line is not adopted for a street, the yard shall be measured from the ultimate right-of-way line using the ultimate right-of-way width required for that street classification.

(§ 8-5.7504, Ord. 010-94, eff. January 5, 1995)

PART VI. - GLOSSARY Article 80. - Definitions

Sec. 8-5.8001. - Scope of article provisions.

For the purposes of this chapter, certain words and phrases used are defined in this article. If they are not defined herein or as provided in the following articles, then reference shall be made to a standard dictionary for the common definition.

(§ 8-5.8001, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8002. - Accessory dwelling unit.

See Section 8-5.5004(b).

(Ord. No. 006-22, § 13, 3-15-2022; Ord. No. 010-24, § 3, 11-19-2024)

Sec. 8-5.8002a. - Accessory use.

A use that is incidental or subordinate to the existing primary use, is located upon the same lot, and does not alter the character of the principal use.

(§ 8-5.8002, Ord. 010-94, eff. January 5, 1995; Ord. No. 006-22, § 13, 3-15-2022)

Editor's note— Formerly codified as § 8-5.8002, which was renumbered by Ord. No. 006-22 as herein set out above.

Sec. 8-5.8003. - Alley.

A public or private right-of-way or easement not more than 30 ft. wide that primarily provides secondary access to abutting property.

(§ 8-5.8003, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8004. - Apartment.

See Section 8-5.8051, "Residence, multiple-family."

(§ 8-5.8004, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8004a. - Bars and drinking places.

Includes establishments within a building where alcoholic beverages are sold for on-site consumption, that are not a part of a restaurant. Includes bars, sport bars, taverns, pubs, brew pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

(§ 3, Ord. 006-08, eff. September 4, 2008; § 3, Ord. 008-09, eff. August 18, 2009; § 1, Ord. 008-10, eff. September 16, 2010)

Sec. 8-5.8005. - Bed and breakfast inn.

A one-family residence that provides guest rooms, without individual kitchen facilities, for temporary sleeping accommodations for overnight guests. It may also include meal service limited to overnight guests.

(§ 8-5.8005, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8006. - Billboard.

See Section 8-5.8056, "Sign types, Off-site sign."

(§ 8-5.8006, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8007. - Boarding house.

A dwelling where lodging or lodging and meals are provided for compensation for four or more persons. "Boarding house" does not include a residential care facility.

(§ 8-5.8007, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8008. - Building.

Any structure having a roof supported by columns or walls, used for or intended to be used for the shelter or housing of persons, animals, goods or property of any kind.

(§ 8-5.8008, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8009. - Building frontage.

The lineal measurement of building walls which face upon a road or a primary customer parking area.

(§ 8-5.8009, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8010. - Building, accessory.

A detached subordinate building, the use of which is incidental to the main building or to the main land use, and is located on the same building site as the main building or use.

(§ 8-5.8010, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8011. - Building, main.

A building within which is conducted the principal use of the lot upon which it is situated. In any residential district any dwelling shall be deemed to be a main building upon the lot.

(§ 8-5.8011, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8012. - Building site.

One or more lots under common ownership or control, occupied or to be occupied by a main building or buildings, and accessory buildings or by a use, together with all the yards, parking areas and other required open space areas.

(§ 8-5.8012, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8013. - City.

The City of Yuba City.

(§ 8-5.8013, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8014. - City council.

The City Council of the City of Yuba City.

(§ 8-5.8014, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8015. - Condominium.

An estate in real property consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, commercial, or industrial building on the real property. In addition, a condominium may include a separate interest in other portions of the real property.

(§ 8-5.8015, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8016. - Convalescent hospital.

See Section 8-5.8057, "Skilled nursing/Intermediate care facility."

(§ 8-5.8016, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8017. - Day care center.

Any child care facility other than a small or large day care home.

(§ 8-5.8017, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8018. - Day care home, large.

A residence for which the occupants regularly provide non-medical supervision for seven to 12 children for a period of less than 24 hours per day. "Children" includes the children of the licensee under the age of 12 and all other children under the age of 18.

(§ 8-5.8018, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8019. - Day care home, small.

A residence for which the occupants regularly provide non-medical supervision for six or fewer children, for a period of less than 24 hours per day. "Children" includes the children of the licensee under the age of 12 and all other children under the age of 18.

(§ 8-5.8019, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8020. - Duplex.

See Section 8-5.8050, "Residence, two-family."

(§ 8-5.8020, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8020a. - Eating and drinking establishments—Full-service restaurant.

Includes establishments primarily engaged in the preparation and retail sale of food and beverages, where food is ordered and served at a table, and which may include sales of alcoholic beverages as an accessory or secondary service. A full-service restaurant does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than 60% of sales. Upon request by City officials, the owner/operator of a business shall submit evidence of total food service sales to the City to verify compliance with this definition. In the event that it is determined that food service is less than 60%, the subject business/use shall be considered a "bar and dining place" as defined in Section 8-5.8004(a). For purposes of this chapter, to the extent that a restaurant is open after 11:00 p.m. on Sundays through Thursdays and/or after 12:00 a.m. on Fridays and Saturdays and is incorporating any components of "entertainment" as defined herein, the restaurant shall be considered a nightclub and a use permit shall be required.

(§ 3, Ord. 006-08, eff. September 4, 2008; § 3, Ord. No. 008-09, eff. August 18, 2009; § 1, Ord. 008-10, eff. September 16, 2010)

Sec. 8-5.8021. - Family.

One or more persons occupying a residence and living as a single housekeeping unit as distinguished from a group occupying a boarding house or hotel.

(§ 8-5.8021, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8022. - Frontage, building.

See Section 8-5.8009, "Building frontage."

(§ 8-5.8022, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8023. - General plan.

The Yuba City Urban Area General Plan, as adopted or amended by the City Council.

(§ 8-5.8023, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8024. - Guest house.

A residential accessory building with living and sleeping quarters, but without kitchen facilities, located on the same premises with a main building, for the use of family, nonpaying guests or servants of the occupants thereof and not rented or otherwise used as a separate dwelling.

(§ 8-5.8024, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8025. - Halfplex.

Two one-family residences, attached by a common wall, each being on separate lots (a duplex with each unit being under separate ownership).

(§ 8-5.8030, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.8026. - Height, structure.

The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge, or parapet wall.

(§ 8-5.8025, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.8027. - Home occupation.

An income producing activity customarily conducted within a residence or residential accessory building, only by the inhabitants thereof, which use is incidental to and does not change the character of the residential use of the property.

(§ 8-5.8026, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.8028. - Hotel.

Any building, or portion thereof, containing six or more guest rooms intended or designed to be used, let, or hired out to be occupied or which are occupied by six or more guests upon payment of a compensation.

(§ 8-5.8027, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.8029. - Junior accessory dwelling unit.

See Section 8-5.5004(b).

(Ord. No. 006-22, § 14, 3-15-2022; Ord. No. 010-24, § 4, 11-19-2024)

Sec. 8-5.8029a. - Junk.

Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out, inoperable or wrecked object, vehicle, thing or material composed in whole or in part of asphalt, brick, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no reasonably realistic market value or requiring reconditioning in order to be used for its original purpose.

(§ 8-5.8028, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 1, August 16, 2001; Ord. No. 006-22, § 14, 3-15-2022)

Editor's note— Formerly codified as § 8-5.8029, which was renumbered by Ord. No. 006-22 as herein set out above.

Sec. 8-5.8030. - Junkyard.

The use, except within an enclosed building, of either more than 200 square ft. of the area of any lot, or of any portion of the front half of any lot, from on or which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.

(§ 8-5.8029, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 1, Ord. 10-96, eff. December 19, 1996)

Sec. 8-5.8031. - Kennel.

Any lot, building, structure, enclosure, or premises whereon or wherein five or more dogs aged ten weeks or older are kept.

(§ 8-5.8031, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8032. - Kitchen.

Any room or area intended or designed to be used for the preparation and cooking of food.

(§ 8-5.8032, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8033. - Lot.

A parcel of land under one ownership, including a building site together with such yards and other spaces as are required pursuant to the provisions of this chapter.

(§ 8-5.8033, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8034. - Lot coverage.

The area of all buildings on a lot, including all projections except eaves and patio covers pursuant to Section 8-5.5001(d) of this chapter and residential accessory buildings with less than 120 square feet of roof area.

(§ 8-5.8034, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8035. - Lot lines.

Front lot line. The lot line abutting the road. In the case of corner lots, the property owner may choose the front lot line. In the case of through lots it shall be the lot line on the street primarily used as the front lot line by neighboring lots.

Rear lot line. The lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line.

Side lot line. Any lot line that is not a front or rear lot line.

Note: See Section 8-5.8068, "Yard types" for an illustration showing lot lines.

(§ 8-5.8035, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8036. - Lot types.

Corner lot. A lot located at the junction of two or more streets or upon two parts of the same street, and such streets or parts of the same street form an interior angle of less than 135 degrees.

Interior lot. A lot other than a corner lot.

Through lot. A lot having frontage upon two parallel or nearly parallel streets.

(§ 8-5.8036, Ord. 010-94, eff. January 5, 1995)

==> picture [148 x 169] intentionally omitted <==

Sec. 8-5.8037. - Manufactured home.

See Section 8-5.8038, "Mobile home."

(§ 8-5.8037, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8038. - Mobile home.

A structure designed to be used as a residence and certified under the National Mobile Home Construction and Safety Act of 1974. "Mobile home" does not include recreational vehicle, trailer or motor home.

(§ 8-5.8038, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8039. - Mobile home park.

A building site where two or more mobile homes or mobile home sites or any combination thereof are rented or leased, or offered for rent or lease.

(§ 8-5.8039, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8039a. - Monopole.

A monopole is a wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.

(§ 1, Ord. 04-97, eff. December 4, 1997)

Sec. 8-5.8040. - Motel.

See Section 8-5.8027, "Hotel."

(§ 8-5.8040, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8040a. - Nightclubs.

Includes establishments or places of entertainment within a building, open primarily at night, usually but not necessarily serving alcohol, and providing amplified live or recorded music, and/or a space reserved for dancing. Does not include adult entertainment businesses which are prohibited. 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.

(§ 3, Ord. 006-08, eff. September 4, 2008; § 3; Ord. 008-09, eff. August 18, 2009; § 1, Ord. 008-10, eff. September 16, 2010)

Sec. 8-5.8041. - Nonconforming structure.

A structure, portion of a structure or site on which the structure is located that was lawfully constructed, erected or altered, but does not conform to the subsequently enacted site development standards of this chapter.

(§ 8-5.8041, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8042. - Nonconforming use.

A use of property and/or a structure which was lawful at the time of its establishment, but which under subsequently enacted zoning regulations is no longer a permitted use or is permitted only if a use permit (Section 8-5.7003) is first secured.

(§ 8-5.8042, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8043. - Parcel.

See Section 8-5.8033, "Lot."

(§ 8-5.8043, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8044. - Person.

Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California and its political subdivisions, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

(§ 8-5.8044, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8045. - Planning Commission.

The Planning Commission of the City of Yuba City.

(§ 8-5.8045, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8046. - Planning Director.

The Planning Director of the City of Yuba City.

(§ 8-5.8046, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8046.5. - Recreational vehicle (RV).

A motor home, converted bus, travel trailer, truck camper or camping trailer, designed for temporary human habitation for recreation or emergency occupancy, which, when transported upon a public roadway, measures 8 feet or less in width and 40 feet or less in length and which is either self-propelled, truckmounted or permanently towable on the highway without a permit. A recreational vehicle does not include utility trailers.

(Ord. No. 007-24, § 4, 5-21-2024)

Sec. 8-5.8047. - Residence.

A building or portion thereof designed for occupancy by one family for living purposes, having only one kitchen.

(§ 8-5.8047, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8048. - Residence, group.

Two or more detached one-family, two-family, or multiple-family residences, other than mobile home parks, located upon a building site, together with all open spaces as required by the provisions of this chapter.

(§ 8-5.8048, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8049. - Residence, one-family.

A detached building containing not more than one residence.

(§ 8-5.8049, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8050. - Residence, two-family.

A building containing two residences.

(§ 8-5.8050, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8051. - Residence, multiple-family.

A building containing three or more residences.

(§ 8-5.8051, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8052. - Residential care home, small.

A home for up to six children, elderly, and/or mentally or physically disabled persons, not including members of the family or employees of the operator, that is certified, authorized, or licensed by the State of California.

(§ 8-5.8052, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 04-97, eff. December 4, 1997)

Sec. 8-5.8052a. - Residential care home, large.

A home for seven to 12 children, elderly, and/or mentally or physically disabled persons, not including members of the family or employees of the operator, that is certified, authorized, or licensed by the State of California.

(§ 1, Ord. 04-97, eff. December 4, 1997)

Sec. 8-5.8053. - Second unit.

A second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing residential unit that is not an accessory dwelling unit or junior accessory dwelling unit.

(Ord. No. 006-22, § 15, 3-15-2022)

Sec. 8-5.8053a. - Senior congregate care facility.

A facility providing residence for senior citizens 60 years of age or more or handicapped people of any age. Care may include central kitchen and dining, laundry, recreational activities, etc. with separate bedrooms or

living quarters. Nursing is not provided on a 24-hour basis.

(§ 8-5.8053, Ord. 010-94, eff. January 5, 1995; Ord. No. 006-22, § 15, 3-15-2022)

Editor's note— Formerly codified as § 8-5.8053, which was renumbered by Ord. No. 006-22 as herein set out above.

Sec. 8-5.8054. - Setback.

See Section 8-5.8067, "Yard."

(§ 8-5.8054, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8055. - Sign.

Any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premise, product, service, person, organization, business, or event.

(§ 8-5.8055, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8056. - Sign types.

Address sign. The numeric reference of a structure or use to a street.

A-frame sign. A free standing sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A."

Animated sign. A sign with messages that visually change, or images that move or appear to move, more frequently than once every 24 hours, regardless of the method by which the visual change is affected. This definition does not include traditional barber poles, hand-held signs, personally attended signs, commercial mascots, scoreboards, or signs which merely display time or temperature.

Awning sign. A nonelectric sign that is printed on, painted on, or attached to an awning, canopy, or marquee.

Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Flags are not within this definition.

Cabinet sign. A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.

Canopy sign. See "Awning sign."

Changeable copy sign. A sign designed to allow the changing of copy through manual [or] mechanical means, including date, time, and temperature. This does not include an electric message board.

Civic event sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency or similar noncommercial organization.

Developer/contractor sign. A temporary sign erected on a parcel on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans,

and the owner, financial supporters, sponsors, and similar individuals of firms having a major role or interest with respect for the structure or project.

Directional sign. Signs limited to directional messages for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."

Directory sign. A sign listing the tenants or occupants and their suite numbers of a building or center.

Face. That portion of a sign upon which the copy is mounted or displayed.

Flag. Any fabric or banner containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

Freestanding sign. A permanent sign that is self-supporting in a fixed location and not attached to a building. Freestanding signs are of two types: monument and pole. Monument signs are connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Pole signs are mounted on a pole(s) or other support(s) that are placed on and anchored in the ground or on a base and that is independent from any building or other structure. Flag poles are not within this definition.

Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site, including master identification, individual business, and directory signs.

Monument sign. A freestanding sign erected to rest on the ground or to rest on a monument base designed as an architectural unit. The width of the base of a monument sign is at least 75% of the width of the top of the sign.

Name plate. A sign that identifies an occupant and/or address.

Off-site sign. A sign that advertises or informs in any manner, businesses, services, goods, persons, or events at a building site other than upon which the sign is located. Off-premises sign, billboard, and outdoor advertising sign are equivalent terms.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Flags and banners are not within this definition.

Pole sign. A freestanding sign mounted on freestanding poles, columns, or other supports.

Political sign. A temporary sign directly associated with national, State, or local elections.

Projecting sign. Any sign that is perpendicular to the face of a building and projects more than 18 in. from the face. This category includes awning and under canopy signs.

Real estate sign. Any sign, temporary in nature, with copy which concerns a proposed sale, rent, lease, or exchange of real property. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels, motels, and "bed and breakfast" facilities.

Roof sign. A sign erected, constructed, or placed upon or above a roof of a building.

Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Sign. Any identification, description, illustration, or device illuminated or non-illuminated, which is visible to the general public from any exterior public right-of-way, and directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information. A display, device, or thing need not contain lettering to be a sign. Notwithstanding the generality of the foregoing, the following are not within this definition:

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Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks, or moving parts), that do not perform a communicative function;

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Fireworks, etc. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this Code;

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Foundation stones, cornerstones;

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Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;

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Personal appearance. Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, and masks, but not including commercial mascots or hand-held signs; and

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Symbols embedded in architecture. Symbols of noncommercial organizations or concepts, including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building, including stained glass windows on churches, carved or bas relief doors or walls, bells, and religious statuary.

Sign area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.

Snipe sign. A sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

Special event sign. A sign including but not limited to banners, flags, pennants, or balloons intended to be erected on a temporary basis, and displayed for a limited period of time, to promote a new business, the

sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

Suspended sign. A sign that is suspended from the underside of a canopy, portico or like structure.

Temporary sign. A structure or device used for the public display of visual messages or images, which is typically made of lightweight or flimsy materials which is not intended for or suitable for long-term or permanent display.

Vehicle sign. A sign which is attached to, or painted on or carried in a vehicle, the principal purpose of which is to attract attention to a product sold or an activity or business.

Wall sign. Any sign attached to, erected against, or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also include signs on a false or mansard roof.

Window sign. Any sign painted, etched, or otherwise affixed to an exterior window of a building, or in the interior of the building, within 3 ft. of a window, intended to be viewed from the exterior of such building. On-site advisory signs are not considered window signs.

(§ 8-5.8056, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 3, Ord. 004-06, eff. June 15, 2006; Ord. No. 006-16, § 2(Att. A), 5-17-2016)

Sec. 8-5.8057. - Skilled nursing/intermediate care facility.

A facility or part of a hospital which provides 24-hour inpatient care which may include skilled nursing, physician and pharmaceutical services.

(§ 8-5.8057, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8058. - Story.

That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling above it.

(§ 8-5.8058, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8059. - Street, general plan.

Any street or highway shown in the general plan as an existing or proposed State highway, arterial or collector.

(§ 8-5.8059, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8060. - Street, local.

Any street not shown in the general plan and that is not an alley.

(§ 8-5.8060, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8061. - Structure.

Anything constructed or erected, the use of which requires a permanent location upon the ground or attachment to something on the ground.

(§ 8-5.8061, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8062. - Structural alterations.

Any change of the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists, ceiling joists, or roof rafters.

(§ 8-5.8062, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8063. - Trailer.

See Section 8-5.8038, "Mobile home."

(§ 8-5.8063, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8063.5. - Trailer, utility.

A trailer used for the transportation of the user's personal property, commerce, or designed to be used for transportation of livestock, and does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds.

(Ord. No. 007-24, § 5, 5-21-2024)

Sec. 8-5.8064. - Transitional housing.

Housing for the homeless where shelter is provided for an extended period of time (up to 18 months) and generally includes the opportunity for training and counseling to acquire the needed skills (such as home management or job-training) to assist in the transition to self-sufficiency through the acquisition of permanent income and housing.

(§ 8-5.8064, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8064a. - Two-unit development.

The simultaneous development of two new residential dwelling units on a parcel with no existing residential dwelling units other than an accessory dwelling unit.

(Ord. No. 006-22, § 16, 3-15-2022)

The purpose for which a structure or premises is designed, arranged, or intended, or for which they may be occupied or maintained.

(§ 8-5.8065, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8066. - Reserved.

Editor's note— Ord. No. 006-22, § 17, adopted Mar. 15, 2022, deleted § 8-5.8066 entitled "Use, accessory," which derived from Ord. 010-94, § 8-5.8066, eff. Jan. 5, 1995.

Sec. 8-5.8067. - Yard.

Land surrounding a building site which is unoccupied and unobstructed by any structure from the ground upward except for encroachments permitted by the provisions of this chapter.

(§ 8-5.8067, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.8068. - Yard types.

Front yard. A yard extending across the full width of the lot measured from either the existing or future street right-of-way line or back of sidewalk, whichever is closest to private property and to a depth required by the district in which said lot is located.

Interior side yard. A yard on the interior side(s) of a lot extending from the front lot line to the rear lot line, and to a width required by the district in which said lot is located.

Rear yard. A yard extending along the width of the rear lot line, and to a depth required by the district in which said lot is located.

Street side yard. A yard in a corner lot, extending along the width of the street measured from either the existing or future right-of-way line, or back of sidewalk, whichever is closest to private property and to a depth required by the district in which said lot is located.

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(§ 8-5.8068, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 06-01, eff. August 16, 2001)

Sec. 8-5.8069. - Reserved. Sec. 8-5.8070. - Zero lot line.

A one-family residence with an exterior wall located along a property line.

==> picture [204 x 162] intentionally omitted <==

(§ 8-5.8070, Ord. 010-94, eff. January 5, 1995)