(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.904. ReserYedReport Termination of Cannabis Operations.
Owners and operators of cannabis businesses are required to report to the City Manager in writing within 3 business days of ceasing or terminating any cannabis activity in the City. Ceasing or terminating any cannabis activity means the owner or operator is no longer operating a cannabis business from the licensed location and does not intend to operate a cannabis business from the licensed location while maintaining an active cannabis business permit.
Sec. 5-6.905. Fees and charges.
(a) No person may commence or continue any cannabis activity in the City, without timely paying in full all fees, taxes and charges required for the operation of a cannabis activity. Fees and charges associated with the operation of a cannabis activity 5Ral-l-must be established by resolution of the City Council which may be amended from time to time.
(b) All cannabis businesses authorized to operate under this Chapter 5Ral-l-must pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law~. including but not limited to name badges for the employees identification of the cannabis business. Cannabis businesses sl=tall ee are required to cooperate with City with respect to any request to audit the cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. (Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.906. Miscellaneous Operating Requirements.
(a) Hours of Operation. Cannabis businesses operating as retail storefront dispensaries may be open for access to the public only between the hours of 8:00 A.M. and 9:00 P.M. (b) Other cannabis businesses may operate only during the hours specified in the cannabis business permits issued by the City.
(c) Restriction on Consumption. Cannabis shall not be smoked, ingested, used, or otherwise consumed on the premises of a cannabis businesses or elsewhere in the City of California City, other than within private residences.
(d) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a cannabis business permit, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. (e) Emergency Contact. Each cannabis business shall provide the City Manager or his/her designee(s), the City's Chief of Police, and the City's Fire Chief with the name, telephone number (including mobile number) of one or more on-site employee(s) or owner(s), to whom emergency notice can be provided at any hour of the day. (f) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of the California City Municipal Code, including, but not limited to, seeking the issuance of a City sign permit. No cannabis sign shall be erected or displayed without the approval of a Sign Permit Application.
Creat ed : 2022- 05-13 14:23:15 [EST]
(Supp. No. 10)
Code of OrdiAaAces
TITLe § PUBLIC WeLFARle:
Cf.lAPTER e. ReGULATION OF CANNABIS RELATED BUSINESSES MID ACTIVITY.
ARTICLE 10. ADDITIONAL ReQUIReMENTS FOR DISPENSARIES
(2) No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
(4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered.
No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way. Portable signs or sandwich signs located in the public rightof-way are prohibited. (5) Signage shall not be directly illuminated, internally or externally, except that the name and address of the business may be illuminated at night. No banners, digital, spinners, flags, billboards or other prohibited signs may be used at any time.
(6) No sign shall display depictions of cannabis or cannabis products. A depiction of a cannabis or cannabis products means an image or visual representation of a cannabis leaf, plant, or the likeness thereof that explicitly suggests or represents a cannabis leaf or plant. This includes plants be cannabis leaves and products that do not contain cannabis but that is intended to convince a reasonable viewer that cannabis or cannabis products are sold at the site.
(7) No sign advertising a cannabis business may be attached to a vehicle or any mobile vehicle, such as a motorbike, scooter, e-scooter, even if the vehicle is inoperative. (8) Off-site signs. No sign advertising a cannabis business may be displayed on a property that is not licensed as a cannabis business within the City.
(g) Minors.
(1) Persons under the age of eighteen (18) years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a cannabis business who is not at least eighteen (18) years of age.
(2) The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of eighteen (18) years of age is permitted to enter upon the premises of the cannabis business.
(h) Odor Control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must California Cit~•, CalifoFRia, Cede ef OFdiRaRces cr eated: 2022-es-B 14: 23:15 [ESTJ (Supp. No. 10)
Cade af Ordinances
TITH: S PUBLIC WE:Lf:,",RE
04.'\PTER 6. REGULATION Of: CANlll.'\81S Rli:L'\UD 8USIIIIESSES AIIID ACTIVITY. /\RTICLE lQ. ADDITIONAL Rli:QUIREMHITS rnR DISPrnSARlli:S install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the cannabis business's interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
The equipment must be approved by the building official and installed prior to commencing operation. Cannabis businesses must not create offensive odors; create excessive dust. heat. noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes. (i) Display of Permit and City Business License. The original copy of the cannabis business permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the cannabis business in a location readily-visible to the public. (j) Background Check. Pursuant to California Penal Code Sections lll0S(b)(ll) and 13300(b)(ll), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, ef-supervisor-~ contractor, subcontractor, employee, or volunteer of the cannabis business must submit fingerprints and other information deemed necessary by the City Manager or his/her designee(s) for a background check. The City Manager shall contract with a qualified third party to conduct the required background check and report back to the City-, person, and cannabis business the results. The City shall not disseminate the information reported to it as a result of the background check to any other private party. Also pursuant to California Penal Code Sections lll0S{b)(ll) and 13300(b)(ll), which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of record, no person shall be issued a permit to operate a cannabis business or related work permit unless they have first cleared the background check. A-The City may impose a fee for the cost of the background investigation as it deems necessary and appropriate and for the City to create identification cards for the person with access to the cannabis business by resolution, sl=!aU-which must be paid at the time the application for a cannabis business permit is &l:lal'l'littedor when any person submits an application for an employment or other cannabis-related identification card from the City. If this amount is not sufficient, the applicant shall provide additional amounts that are necessary and if the applicant is unable to provide the additional amounts necessary to complete the investigation, the investigation shall cease and shall not continue until such additional amounts are paid. Upon completion of the investigation or if the applicant withdraws their application, any fees paid for this process will be deemed non-refundable. (k) Permits and other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate.
California Cit~•, California, Cade of OreliRaRees cr eated: 2022-05-13 l4:23:1s [Es r J (Supp. No. 10)
Cose of OreliRaRces
TITLE: S PUBLIC WE:LFl',RE:
rnAPHR e. REGULATIOPJ OF Cl',NNABIS RELATED 8USINE:SSES ANQ ACTIVITY.
ARTICLE lQ. ADDITIONAL RE:QUIREMENTS FOR DISPENSARIES
(I) No person may live, reside. or sleep on the premise of any cannabis business. This includes. but is not limited to residing in a recreational vehicle, tent, or vehicle on the property of a cannabis business even if the recreational vehicle, tent, or vehicle is not on the licensed premises. (ml A cash bond in an amount set by resolution of the City Council shall be deposited by the applicant to secure the City against damage to public property and to assure compliance with cannabis regulations. (Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.907. -Alteration and Modification of Premises, Equipment Location, Type, or Quantity.
A licensee under this Chapter must not make any physical change, alteration, or modification of the premises of a cannabis business that materially or substantially alters the licensed premises from the plans approved, or any physical change. alteration. or modification to the equipment location, typer or quantity without obtaining a Conditional Use Permit or processing an amendment to the cannabis business' Conditional Use Permit, as applicable. Material changes include. but are not limited to, an increase or decrease in the total square footage of the licensed premises or the addition, sealing of, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress to the licensed premises.
Sec. 5-6.908. - Cannabis Waste.
(a) For purposes of this Chapter, "Cannabis Waste" is waste that is not hazardous waste as defined in Public Resources Code section 40141 and is solid waste, as defined in Section 40191 of the Public Resources Code, that contains cannabis and that has been made unusable and unrecognizable in the manner prescribed below. A licensee may not sell distribute, donate, transfer, or provide cannabis waste except as expressly provided herein. (b) A licensee must make cannabis and/or cannabis products into cannabis waste by rendering the cannabis and/or cannabis products unusable and unrecognizable. The licensee shall render the cannabis and/or cannabis products into cannabis waste before removing the cannabis waste from the licensed premises. A licensee shall render the cannabis and/or cannabis product into cannabis waste by grinding and incorporati ng the cannabis and or cannabis product with other ground material so that the resulting mixture is at least 50 percent non-cannabis material by volume. A licensee shall render cannabis and/or cannabis products into cannabis waste and track that waste one batch at a time and shall not commingle different batches into cannabis waste. (c) The licensee must render the cannabis and/or cannabis product into cannabis waste on camera or in the presence of City staff, as requested.
(d) Cannabis goods and cannabis waste must be stored. managed and disposed of in compliance with State law. including the MAURCSA and any regulations adopted thereto, as may be amended from time to time. {el Notwithstanding that State law may permit the same, on-site composting of cannabis, cannabis goods/product or cannabis waste is expressly prohibited.
ARTICLE 10. ADDITIONAL REQUIREMENTS FOR DISPENSARIES
CalifeFAia City, Califomia, Code of OrdiAaAces created : 2022-es-13 14:23:i s [EST] (Supp. No. 10)
Coele of OFeliRaRces
TITLE 5 PUBLIC 1,"lELFARE
CMAPTER 6. REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVllY.
ARTICLE 12. ADDITlmlAL REQUIREMENTS FOR DELIVERY DISPENSING SERVICES Sec. 5-6.1001. Operating Requirements.
{a) Owners and Operators are required to verify the age and the necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years. (b) Dispensaries may have on-site, in the retail sales area of the dispensary, only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale. (c) At no time shall cannabis or cannabis products be donated or given away, unless it is for a valid purpose and pursuant to a program authorized in writing in advance by the City. (d) All restroom facilities shall remain locked and under the control of management. (e) No dispensary may operate from more than one location within the City. (fl On the fifth day of each month. each dispensary must provide the City Manager with a written report containing the following information:
(1) Bills of lading and a description of all inventory shipments received (including those received by the Dispensary, weight of any Cannabis flowers. edibles and concentrates) since prior report; (2) The description and weight of inventory in the possession or control of the Dispensary; (3) The total gross revenue received from prior month's sales; and (4) A copy of any sales tax reports provided to the State Board of Equalization and any other taxing agencies.
(Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 11. ADDITIONAL REQUIREMENTS FOR CULTIVATION FACILITIES Sec. 5-6.1101. Operating Requirements.
(a) Outdoor Cultivation Prohibited. The cultivation of all cannabis must occur indoors, and only in a facility holding a valid cannabis business permit from the City under this Chapter. All outdoor cultivation is prohibited.
The above restriction against outdoor cultivation specifically includes, but is not limited to, a prohibition on the outdoor cultivation of any plants which an individual may be growing for his/her personal use, if the growth of plants for personal use is authorized under State law.
(b) All structures used for cultivation must be legally constructed with all applicable permits, including but not limited to grading, building, electrical, mechanical, and plumbing. faff) In no case shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.
California City, Califomia, Code of OreliRaRECS created : 2022-05-13 14:23:t s (EST ) (Supp. No. 10)
Code of Ordinances
TITLES PUBLIC WELF.'\RE
rnAPTER 6. REGUL'\TlmJ OF G'\NNA81S RELATED 8USl~HiSSES AND ACTIVITY.
ARTICLE 13. ADDITIONAL REQUIREMENTS FOR MANUFACTURED CMJNA81S (e.9.) Cannabis cultivation sl=laH-must be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. The commercial cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.
Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).
(e} This is to clarify that burning sulfur to control pests in enclosed spaces is considered a pesticidal use requiring registration by U.S Environmental Protection Agency and the Department of Pesticide Regulation. There are currently no products registered for this type of use and therefore this method is considered prohibited. faff) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (g) Indoor grow lighting systems must:
(i) Be shielded to confine light and glare to the interior of the allowable structure; and (ii} Comply with the Municipal Code, including the Building Code and Fire Code. (h) (h}The cultivation site must have ventilation and filtration systems installed that prevent cannabis odors from exiting the interior of the structure or portion of the structure where cannabis is cultivated. The ventilation and exhaust system shall be approved by the building official and installed prior to commencing cultivation within the allowable structure.
(i) Cultivation sites must not create offensive odors; create excessive dust, heat. noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.
(j) Cultivation sites must require any necessary permits from the air quallty management district before beginning operations and must furnish receipt of these permits to the City. (kl The cultivation site must comply with the State's track and trace system and requirements, as may be amended from time to time.
(I) The cultivation site must keep adequate records of any cannabis related activity, including conducting an inventory on the first business day of each week and recording the total quantity of each type of cannabis on the premises. Records expressly include, but are not limited to, video recordings maintained pursuant to subsection (Fl, above. All records shall be maintained for seven (7) years from the date created or longer if required by State or Federal law.
feim.) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
CalifeFAia City, Califomia, Code of OrdiAaAces created : 2022-es -B 14 :23 :ts [EST] (Supp. No. 10)
Coele of Orelinanees
TITLE 5 PUBLIC WELFP,RE
09APTER 6. REGULATION OF G'\NNABIS RELATED BUSINESSES AND ACTIVITY.
ARTICLE 13. ADDITlml.'\L REQUIREMENTS FOR MA~IUFACTURrn CANNABIS (fn) All applicants for a cannabis cultivation permit shall submit the following in addition to the information generally otherwise required for a cannabis business:
(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on t he parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light).
(2) A description of a legal water source, irrigation plan, and projected water use. (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.
(4) Plan for addressing odor and other public nuisances which may derive from the cultivation site. (Ord.No. 18-766, § 2, 8-28-2018)
ARTICLE 12. ADDITIONAL REQUIREMENTS FOR DELIVERY DISPENSING SERVICES Sec. 5-6.1201. Permitted; Association with Dispensaries.
Mobile delivery of cannabis from dispensaries shall be permitted pursuant to this Chapter. Delivery of cannabis from a dispensary permitted pursuant to t his Chapter can only be made in a city or county that does not expressly prohibit it by ordinance.
If a licensee does not begin to operate their cannabis business and engage in cannabis business activity within 90 calendar days of receiving a license from the City, the license will automatically be revoked. If a licensee ceases cannabis business activity for 90 calendar days after activating their license, then their license is subject to suspension or revocation in accordance with Sec. 5-6.503. (Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 13. ADDITIONAL REQUIREMENTS FOR MANUFACTURED CANNABIS Sec. 5-6.1301. Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products.
The manufacturing of food or other products infused with or which otherwise contain cannabis may be manufactured within the appropriate manufacturing zoning districts as described in Title 9, Chapter 2, Article 29, subject to the regulations set forth in this Chapter, and subject to whatever additional regulations may be promulgated hereunder by an ordinance or resolution of the City Council.
California City, California, Code sf OFdiAaAces creat e d : 2022- es-B 14 : 23:1s [EST) (Supp. No. 10)
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1302. Packaging and Labeling.
(a) Before a cannabis manufacturer delivers any edible cannabis or edible cannabis product to a dispensary, the same shall be labeled and placed in tamper-evident packaging which at least meets the requirements of California Business and Professions Code Section 19347, as the same may be amended from time-to-time or superseded or replaced by subsequent State legislation or by any department or division of the State of California.
(b) All items to be sold or distributed shall be individually wrapped at the original point of preparation by the business permitted as a cannabis manufacturer.
(c) Labeling must include a warning if nuts or other known allergens are used and must include the total weight (in ounces or grams) of cannabis in the package.
(d) The package must have a label warning that the product is to be kept away from children. (e) The label must also state that the product contains cannabis and must specify the date of manufacture. (f) Any edible cannabis product that is made to resemble a typical food product must be in a properly labeled opaque (non-see-through) package before it leaves the cannabis manufacturing business. (g) Deliveries must be in a properly labeled opaque package when delivered. (h) The City Council may impose additional packaging and labeling requirements on cannabis or cannabis products by resolution, as permitted by law.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1303. - Regulation of Manufacturing Sites.
(Al The Manufacturing Site must receive and maintain approval from the local fire official for the closed-loop system, other equipment. the extraction operation, and the facility; (Bl The Manufacturing Site must meet required fire, safety. and building code requirements in one or more of the following:
(1) The California Fire Code;
(2) The National Fire Protection Association (NFPA) standards; (3) International Building Code ()BC);
(4) The International Fire Code (IFC);
(5) Other applicable standards. including complying with all applicable fire. safety. and building codes in processing. handling. and storage of solvents or gasses. (C) All equipment must be Underwriter Laboratories listed or approved by a similar agency or certified by a mechanical engineer licensed in the United States.
(D) The owners and operators of the Manufacturing Site must be in possession of a valid seller's permit issued by the California Department of Tax and Fee Administration or a notification issued by the California Department of Tax and Fee Administration that the Manufacturing Site is not required to have a seller's permit.
Created: 2022-05-13 14:23:15 [EST)
(Supp. No. 10)
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.
ARTICLE 14. APPLICATION OF CHAPTER; OTHER LEGAL DUTIES
ARTICLE 14. APPLICATION OF CHAPTER; OTHER LEGAL DUTIES
Sec. 5-6.1401. Promulgation of Regulations and Standards. (a) In addition to any regulations adopted by the City Council, the City Manager or his/her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter, provided such regulations are approved by the City Council before they are implemented. (b) Regulations shall be published on the City's website. (c) Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager or his designee. (Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1402. Community Relations.
Cannabis Businesses are encouraged to establish a local association of Cannabis Businesses to at a minimum (1) communicate with the community in general and residents and other businesses closely adjacent to active Cannabis Businesses, (2) represent the Cannabis Businesses before the City Council and city staff, (4) seek for opportunities to support worthy individual and community needs, (5) create opportunities for the public to better understand the operations and contributions of the industry. The City Manager shall make city staff available to assist in establishing a Cannabis Business Association. (Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1403. Fees Deemed Debt to City of California City.
The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City of California City that is recoverable via an authorized administrative process as set forth in the Municipal Code, or in any court of competent jurisdiction.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.1404. Permit Holder Responsible for Violations.
The person to whom a permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of California City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the cannabis business whether or not said violations occur within t he permit holder's presence. ( Ord. No. 18-766, § 2, 8-28-2018)
Ca lifornia Cit y, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05- 13 14: 23 :15 [EST]
Sec. 5-6.1405. Inspection and Enforcement.
(a) The City's Police Department, Fire Department, Code Enforcement and Building Department, and Rnance Department are charged with enforcing the provisions of the California City Municipal Code, or any provision thereof, may enter the location of a cannabis business at any time during the hours of operation without notice, including the Building Code and the Fire Code, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
(b) It is unlawful for any person having responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under State or local law.
(Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1406. Concurrent Regulation with State.
It is the stated intent of this Chapter to regulate cannabis activity in the City of California City concurrently with the State of California.
(Ord.No. 18-766, § 2, 8-28-2018)
ARTICLE 15. VIOLATIONS AND ENFORCEMENT
Sec. 5-6.1501. Violations declared a public nuisance.
Each anel every 'liolation of the 13rovisions of this Cha13ter is hereby eleerneel 1,mlawh,11 anel a 13~blic n~isance.
Any violation of this Chapter is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. The City may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action as authorized by the Government Code.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1502. Each Violation a Separate Offense.
Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the California City Municipal Code. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of California City may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the cannabis business or persons related to, or associated with, the Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)
cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the City Manager, his/her designee, or the Chief of Police, may take immediate action to temporarily suspend a cannabis business permit issued by the City, pending a hearing before the City Council. (Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.1503. Criminal Penalties and Administrative Fines.
Each and every violation of the provisions of this Chapter may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) per violation or imprisonment in the county jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (al Any enforcement officer may issue an administrative citation and fine for a violation of this section without prior issuance of a Notice of Violation and the administrative fine shall be up to one thousand dollars ($1.000.00) per violation. For the purposes this section, each cannabis plant present in violation of this Chapter is a separate violation. The property owner and each owner of the occupant business entity engaging in commercial cannabis activity in violation of this section shall be jointly and severally liable for all penalties and fines.
(bl Each and every day a violation of this Chapter exists shall constitute a separate and distinct violation.
Aggregate fines shall not exceed ten thousand dollars ($10,000.00l per day if administrative fines are imposed immediately without prior issuance of a Notice of Violation. ( cl If the City imposes fines immediately. the property owner or their agent shall have 5 days in which to submit evidence to the City of the following: i) a tenant is in possession of the property, ii) the rental or lease agreement with the tenant prohibits commercial cannabis activity, and iii) the property owner or agent did not know the tenant was engaging in illegal commercial cannabis activity and no complaint, property inspection, or other information alerted the rental property owner or agent to the illegal commercial cannabis activity.
(dl The City Manager or their designee must determine whether the evidence submitted by the property owner or rental agent proves items i, ii, and iii above to be true. If the City Manager or their designee so finds, the City will suspend the fines and provide the property owner or their agent with 10 days to remedy the violations before fines are reinstated.
(el A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the City's designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the City Attorney.
(fl The City may issue an emergency decision and order for temporary. interim relief to prevent or avoid immediate danger to the public health, safety, or welfare. (gl The emergency decision and order issued by the City shall include a brief explanation of the factual and legal basis of the emergency decision that justify the City's determination that emergency action is necessary, and the specific actions ordered. The emergency decision and order shall be effective when issued or as otherwise provided by the decision and order.
Each cannabis plant present in violation of this section is a separate violation. The property owner and each owner of the occupant business entity engaging in commercial cannabis activity in violation of this section shall be jointly and severally liable for all penalties and fines.
Crea ted : 2022-05-13 14: 23:15 (EST)
(Supp. No. 10)
Each and every day a violation of this section exjsts shall constitute a separate and distinct violation. Aggregate fines shall not exceed ten thousand dollars ($10,000.00) per day if administrative fines are imposed immediately without prior issuance of a Notice of Violation.
If the City imposes fines immediately, the property owner or their agent shall have 5 days in which to submit evidence to the City of the following: i) a tenant is in possession of the property, ii) the rental or lease agreement with the tenant prohibits commercial cannabis activity, and iii) the property owner or agent did not know the tenant was engaging in illegal commercial cannabis activity and no complaint, property inspection, or other information alerted the rental property owner or agent to the illegal commercial cannabis activity.
The City Manager or their designee must determine whether the evidence submitted by the property owner or rental agent proves items i, ii, and iii above to be true. If the City Manager or their designee so finds, the City will suspend the fines and provide the property owner or their agent with 10 days to remedy the violations before fines are reinstated.
Violations of this Chapter may also be punished by administrative fines or citations pursuant to Title 1, Chapter 3, of this Code.
( Ord. No. 18-766, § 2, 8-28-2018}
Sec. 5-6.1504. Remedies Cumulative and Not Exclusive.
The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.
( Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 16. UNLICENSED CANNABIS ACTIVITIES
Sec. 5-6.1601. - Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases undefined in this chapter have the same meaning as set forth in Section 17.04.110; the Adult Use of Marijuana Act; the Compassionate Use Act; the Medical Marijuana Program Act; or the Medical Marijuana Regulation and Safety Act:
(Al "Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or a cannabis product. (Bl "Facility" means a building or other structure at which commercial cannabis activity occurs including, without limitation, a medical marijuana collective.
(C) "Hearing officer" means City Manager or designee.
(Dl "Incidental expenses" include, without limitation, actual expenses, City administrative costs and other costs of the City of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter.
(El Responsible person" means any person or persons creating, causing, committing or maintaining any public nuisance as defined by this chapter including. without limitation, any person owning, leasing. occupying or having charge or possession of real property.
(Fl "Unlicensed cannabis facility" means any facility within the City that does not possess a valid permit issued in accordance with this Code to conduct commercial cannabis activity.
Created: 2022-05- 13 14 : 23:15 [EST]
(Supp. No. 10)
Sec. 5-6.1602. - Unlicensed Cannabis Activity is a Nuisance.
It is unlawful and it is declared to be a public nuisance for any responsible person to allow an unlicensed cannabis facility to operate on real property. This section is not the exclusive definition or designation of what constitutes a nuisance within t his City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, state, or any other legal entity or agency having jurisdiction.
Sec. 5-6.1603. - Abatement Authority.
The City Manager, City Attorney, and Building Official are authorized to abate public nuisances summarily or otherwise in the manner provided by this chapter.
Sec. 5-6.1604. - Abatement of Nuisance.
Except as specifically provided otherwise by this chapter, the procedural requirements set forth in Chapter 5.1 apply to abating unlicensed cannabis facilities.
Sec. 5-6.1605. - Recovery of Costs from Responsible Person.
The costs of abatement may be recovered as set forth in this chapter or other applicable law.
Sec. 5-6.1606. - Failure to Remove Unlicensed Cannabis Facility.
In addition to any abatement costs incurred by the City for closing or removing unlicensed cannabis facilities from private property, failure to voluntarily abate an unlicensed cannabis facility after notification will result in the penalties set forth in this chapter.
Sec. 5-6.1607. - Penalty.
A. Any person who violates any provision of this chapter for which no other penalty is otherwise provided is guilty of a misdemeanor.
B. Any responsible person failing to cease operating an unlicensed cannabis facility or removing it upon direction by the City Manager, or designee, within the prescribed time period may be liable to the city pursuant to Sec. 5-6.1503 or Title 1, Chapter 3, of this Code.
C. Filing a suit for civil penalties is not a bar against, or a prerequisite for, taking other enforcement action, whether criminal, civil or administrative, against a responsible person.
Sec. 5-6.1608. -Additional Recovery.
Nothing in this chapter is intended to limit the city's additional remedies for recovering taxes or damages in accordance with any applicable law including, without limitation:
(Al Cannabis taxes owed by the unlicensed cannabis facility pursuant to Chapter 3-2.8 of this code; (B) Damages owed to the City pursuant for engaging in unlawful business practices in accordance with Business and Professions Code Section 17200, et seq.
Cr eated: 2022-05-13 14:23:15 [ EST)
(Supp. No. 10)
Article 17 Medicinal Cannabis Delivery-Only Retailers
Sec. 5-6.1701- Medicinal Cannabis Delivery-Only Retailers. {a) A conditional use permit issued for a medicinal cannabis delivery-only retailer must include, as conditions of approval, the operational standards set forth in this Section. In addition, the Conditional Use Permit must incorporate by reference an Operations Plan approved by the Police Chief, that implements not only the operations standards set forth in this Section, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this title when considering the location and size of the proposed medicinal cannabis delivery-only retailer.
(bl Sunset Clause; Automatic Repeal. This section is adopted pursuant to the legal mandate imposed by the state of California via Business and Professions Code§ 26320. As set forth in this section, the regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code§ 26322 be repealed by the California Legislature or be invalidated by a court of competent jurisdiction.
{cl Responsibility for Compliance. The owners and operators of a medicinal cannabis delivery-only retailer, together with any person listed as the permittee or applicant on the medicinal cannabis delivery-only retai ler application, are responsible for ensuring that the medicinal cannabis delivery-only retailer is, at all times, operating in a manner compliant with all applicable law. (d) Required Permits to Operate. It is unlawful for any person to engage in or operate a medicinal cannabis delivery-only retailer in the City unless the person {1) has a valid medicinal cannabis delivery-only retailer permit from the City; and (2l is in compliance with all applicable law governing the medicinal cannabis delivery-only retailer, including the duty to obtain and maintain any required state license(sl. {el Suspension or Termination of Delivery Privileges. A medicinal cannabis delivery-only retailer permitted pursuant to this chapter may have its delivery privileges suspended or terminated by the City Manager, or designee, if the medicinal cannabis delivery-only retailer is found to have violated this Chapter. {f) Applications.
{ll Medicinal cannabis delivery-only retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application. (2l Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution.
(3l The application must identify the address of the location where the medicinal cannabis delivery-only retailer is proposed to operate.
{4l No person may apply for a medicinal cannabis delivery-only retailer permit until and unless a conditional use permit issued pursuant to this Code authorizes a medicinal cannabis delivery-only retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a medicinal cannabis delivery-only retailer permit required by this chapter. Before an application for a medicinal cannabis delivery-only retailer permit will be accepted by the City for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a medicinal cannabis delivery-only retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related use on the subject property must accompany the application for a medicinal cannabis delivery-only retailer permit. Only one application per parcel will be accepted and processed by the City at a given time. If an application for a medicinal cannabis delivery-only retailer permit is denied, a subsequent application for a medicinal cannabis Created : 2022-05-13 14:23:15 (EST]
(Supp. No. 10)
delivery-only retailer permit on the same parcel may be accepted by the City only after one year following the denial is final and all available administrative and judicial remedies are exhausted. (5) Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it is submitted with all of the information requested therein, together with fu ll payment of the application fee. Applications will be considered in the order they are received. The City may require supplemental information from any applicant before deeming an application complete. Such information must be provided to the City Manager, or designee, within seven business days.
Failure to provide the information results in the application losing its priority in the queue and will not be considered "received" until the date that all requested supplemental information is provided to the City Manager, or designee.
(6) The City Council may. by resolution, establish minimum threshold qualifications for all medicinal cannabis delivery-only retailer permit applicants including, without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.
(g) Expiration. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter must be activated within 30 days after the City approves the medicinal cannabis delivery-only retailer permit.
Activation occurs when the permittee pays all fees required by this chapter; accepts all conditions; provides evidence that it was issued a valid Conditional Use Permit; and provides evidence that it applied with the state of California for all required permits.
(1) Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter expires twelve months after the date it is issued. Medicinal cannabis delivery-only retailer permits may be renewed as provided in this chapter.
(h) Renewals.
(1) An application for renewal of a medicinal cannabis delivery-only retailer permit must be filed at least 60 calendar days before the expiration of the current permit. (2) The renewal application must contain all of the information required for a new application. (3) The renewal application must be accompanied by a renewal fee established by City Council resolution. (4) The renewal application must be denied if any of the following circumstances exists:
(4) The renewal application is filed less than 60 calendar days before expiration of the permit. (5) The medicinal cannabis delivery-only retailer permit is suspended at the time of the renewal application. (6) The medicinal cannabis delivery-only retailer has not been in regular and continuous operation in the four months before the renewal application.
(7) The medicinal cannabis delivery-only retailer failed to conform to the requirements of this chapter. any regulations adopted pursuant to this chapter, or applicable state law. (8) The permittee does not possess a valid license from the State of California, if required by law. (9) The City Manager, or designee, is authorized to make all decisions concerning applications for renewal.
The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect the public health, safety, or welfare.
(10) If a renewal application is denied for any reason, and if the permittee wishes to obtain another medicinal cannabis delivery-only retailer permit. they must file a new application as set forth in this chapter.
Created : 2022-05- 13 14 :23:15 (EST)
(Supp. No. 10)
(i) Prohibition on Transfer of Permits. It is unlawful for any person to operate a medicinal cannabis deliveryonly retailer at any location other than the location specifically authorized and identified on a City-issued medicinal cannabis delivery-only retailer permit.
(1) No person may transfer an ownership interest, ownership, or control of a medicinal cannabis deliveryonly retailer or transfer any medicinal cannabis delivery-only retailer permit issued under this chapter.
It is unlawful for a medicinal cannabis delivery-only retailer permittee to sell or transfer a medicinal cannabis delivery-only retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a medicinal cannabis delivery-only retailer, or of a medicinal cannabis delivery-only retailer permit, will automatically render the medicinal cannabis delivery-only retailer permit void. (2) Revocation and Suspension. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a medicinal cannabis delivery-only retailer permit for the following reasons:
(a) Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable;
(bl If the permittee violates any condition imposed by this chapter or by the terms of the permit; or (c) Violation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction. (j) Operations Standards.
(1) To operate a medicinal cannabis delivery-only retailer, an applicant must obtain and maintain both licensure from the California Department of Consumer Affairs and a City business license. (2) It is unlawful for alcohol or tobacco to be sold.
(3) Parking must be provided in accordance with the underlying zoning district. (4) It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property. (5) All cannabis and cannabis products sold or otherwise made available at a medicinal cannabis deliveryonly retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law.
(6) Each medicinal cannabis delivery-only retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.
(7) Uniformed security personnel must be employed to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the Operations Plan. (8) Odor control devices and techniques must be incorporated to ensure that odors from cannabis and cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building.
(9) All law enforcement personnel seeking admission to the premises for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan. (10) All interior spaces of the retailer (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision Created : 2022-05-13 14: 23:15 [EST)
(Supp. No. 10)
capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the City issues a certificate of occupancy for the medicinal cannabis delivery-only retailer. (11) It is unlawful for a physician to be permitted in a medicinal cannabis delivery-only retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card. (12) Before dispensing medical cannabis or medical cannabis products to any person under the age of 21, the medicinal cannabis delivery-only retailer must verify that the person possesses a valid identification card. A medicinal cannabis delivery-only retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code§ 11362.71 and a valid government-issued identification card. (13) It is unlawful for any member of the public to be allowed on the premises of medicinal cannabis delivery-only retailer.
(14) The premises must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.
(15) All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Health and Safety Code Section 113700, et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Kern County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with State and local laws.
(16) No delivery driver may carry more than $200.00 in cash while engaged in the service of delivering cannabis or cannabis products.
(17) It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.
(kl Violation. Violation of any provision of this Section is subject to enforcement remedies and penalties as set forth in the California City Municipal Code or applicable law. (1) Civil Penalties. Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and Cr eat ed : 2022-05- 13 14:23:15 [EST]
(Supp. No. 10)
- Code of Ordinances
TITLE 9 LAND USE AND DEVELOPMENT
TITLE 9 LAND USE AND DEVELOPMENT
CHAPTER 1. PLANNING
Sec. 9-1.101. Purpose and Scope.
This chapter covers the adoption and modification of the City's general and specific plans. This chapter may be cited as the City's "Planning Regulations."
The California Local Planning Law authorizes the City to enact local ordinances for planning purposes. This chapter incorporates by reference those provisions of the California Local Planning Law which are mandated by State law and adopts discretionary provisions.
Sec. 9-1.102. Definitions.
(a) The following definitions apply to this chapter:
(1) "Planning agency" means the California City Planning Commission. (2) "Governing body" or "legislative body" means the City Council. (3) "Local agency" means the City.
(4) "Local ordinance" means this chapter.
(5) "Local Planning Law" refers to Division 1 of Title 7 (commencing with §65100) of the Government Code. (b) Except as provided herein, the definitions now, or hereinafter, set forth in the Local Planning Law are incorporated by this reference.
Sec. 9-1.103. Plan: Requirement.
The Planning Commission shall prepare and the council shall adopt a comprehensive long-term general plan for the physical development of the City and of land outside its boundaries which in the planning agency's judgment bears relation to its planning.
Sec. 9-1.104. Plan: Contents.
(a) The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards and plan proposals. The general plan shall include the following elements to the extent the element exists in the planning area:
(1) Land use;
(2) Circulation;
(3) Housing;
(4) Conservation;
(5) Open-space;
California City, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05- 13 14: 23:32 [EST]
(6) Seismic safety;
(7) Noise;
(8) Scenic highway; and
(9) Safety.
(b) The general plan may include the following elements:
{l) Natural resources;
(2) Parks;
(3) Recreation;
(4) Beaches;
(S) Playgrounds;
(6) Recreational community gardens;
(7) Other recreational areas;
(8) Parking facilities;
(9) Aviation and related facilities;
(10) Public transit facilities;
(11) Sanitation, drainage and utilities;
(12) Public buildings;
(13) Community design standards;
{14) Standards for elimination of substandard housing;
{15) Redevelopment;
(16) Historical preservation; and
(17) Elements which relate to physical development.
(c) The general plan and elements shall be consistent with the standards promulgated by State agencies with jurisdiction by law.
Sec. 9-1.105. Adoption.
The City approved a general plan consisting of elements adopted on the dates indicated:
(a) Conservation: 1973
(b) Housing: 1972
(c) Land Use and Circulation: 1978
(d) Noise: 1975
(e) Open Space: 1973
(f) Safety: 1975
(g) Scenic Highway: 1974
(h) Seismic safety: 1975
(i) Water and Sewer: 1972
Created: 2022-05- 13 14:23:25 [EST)
(Supp. No. 10)
Sec. 9-1.106. Plan: Amendments.
(a) The Planning Commissions shall hold at least one public hearing before approving an amendment to the general plan or any element.
(b) The Council shall approve, modify or disapprove amendments approved by the Planning Commission following a public hearing. A modification not considered by the Planning Commission shall be referred to the Commission for report and recommendations.
Sec. 9-1.107. Plan: Amendments: Limitations.
(a) No mandatory element of the general plan shall be amended more frequently than four (4) times during calendar year, subject to that limitation, an amendment may be made in January, April, July and October, as determined by the City Council, each amendment may include more than one change to the general plan. (b) An amendment to a mandatory general plan element which operates to limit the number of housing units which may be constructed on an annual basis shall be accompanied by findings required by law. (Ord.No. 19-776, § 2, 9-10-2019)
Sec. 9-1.108. Plan: Administration.
The Planning Commission shall administer the general plan and shall:
(a) Make recommendations to the Council concerning reasonable and practical means for putting into effect the general plan and its elements;
(b) Render an annual report to the Council on the status of the plan and progress in its application; (c) Promote public interest in an understanding of the general plan; and (d) Consult and advise public officials, agencies, and the public generally with relation to carrying out the general plan.
Sec. 9-1.109. Plan: Administration: Public Works.
(a) No real property shall be acquired or disposed of, and no public building shall be constructed if the general plan or a specific plan applies until the location, purpose and extent of such acquisition, disposition or work have been reported upon by the Planning Commission as to conformity with the general plan. (b) No street shall be improved and no sewers or connections or other improvements shall be laid or authorized in a street for which a specific street or highway plan has been adopted until the Planning Commission has reported on the conformity with such a plan.
(c) The Planning Commission shall review five-year capital improvement programs prepared by other local agencies for conformity with the general plan.
(d) The provisions of this section shall not apply to:
(1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;
(2) Acquisitions, dispositions, or abandonment's for street widening; (3) Alignment projects, provided such dispositions for street purposes, acquisitions, dispositions or abandonment's for street widening, or alignment projects are of a minor nature.
Created: 2022-05 -13 14:23: 25 (EST]
(Supp. No. 10)
Sec. 9-1.110. Plan: Administration: Zoning.
Zoning regulations shall be consistent with the general plan and specific plans.
Sec. 9-1.111. Plan: Fees.
A person requesting a general plan amendment shall pay a fee in an amount from time to time established by resolution unless the Commission determines the amendment benefits property other than the applicant's property.
CHAPTER 2. ZONING
ARTICLE 1. GENERAL
Sec. 9-2.100. Short Title.
This chapter shall be known as the City's "Zoning Regulations." Sec. 9-2.101. Purpose.
This chapter establishes zones for land within the City. This chapter also preserves, protects and promotes the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, this chapter is adopted to achieve the following objectives:
(a) To provide a specific means to implement the physical development of the City in such a manner as to achieve progressively the general arrangement of land uses depicted in the General Plan; (b) To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use; and the stability of existing land uses which conform with objectives, policies, principles and standards of the General Plan; (c) To prevent excessive population densities and overcrowding of land with structures; (d) To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities and the appropriate location of community facilities; (e) To protect and promote appropriately located commercial and industrial activities to preserve and strengthen the City's economic base;
(f) To protect and enhance real property values and the City's natural assets; (g) To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the General Plan; and {h) To provide and protect open space in accordance with policies of the open space element of the General Plan.
Sec. 9-2.102. Scope.
(a) The chapter shall consist of Zoning Map(s) designating certain districts and the regulations controlling the uses of land.
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(b) No structure shall be erected or altered or used Except as provided in this Chapter. (c) This chapter does not apply to the construction, installation, operation, and maintenance of City-owned or occupied facilities or public utility distribution and transmission lines, towers and poles and to underground facilities for private gas, water, electricity or telephone and telegraph services by a public utility under the jurisdiction of the Public Utilities Commission.
Sec. 9-2.103. Interpretation and Application.
(a) The provisions of this chapter are minimum requirements unless expressly stated otherwise. (b) The Planning Commission shall resolve ambiguities by resolution transmitted to the Council. If approved by the Council, the clarifications shall govern until modified by amendment to this chapter.
Sec. 9-2.104. Districts Established.
The zoning districts established by this chapter are as follows:
RA Residential Agricultural
Rl Single Family Residential
R2 Single Family Residential
R3 Single Family Residential
R4 Single Family Residential
RS Single Family Residential
RMl Multiple Family Residential
RM2 Multiple Family Residential
Cl Neighborhood Commercial
C2 Community Commercial
C3 Commercial/Office
C4 Service Commercial
cs Regional Commercial
CMC Community Medical Center
Ml Light Industrial
M2 Heavy Industrial
0 Open Space
G Government
Sec. 9-2.105. Zoning Map(s).
(a) The zones established by this chapter are depicted on zoning maps showing the boundaries of each zoning district. The zoning is adopted by reference and made part of this chapter. (b) Territory annexed to the City shall become a part of a zone upon adoption of a proper ordinance for such purpose. Interim zoning shall be temporary, and the Commission shall recommend a final zoning plan for t he annexed territory within five years.
(c) The regulations applicable to abutting property shall apply when property otherwise exempt from zoning regulations loses its exemption.
Created: 2022-05-13 14 : 23:26 [EST)
(Supp. No. 10)
Sec. 9-2.106. Uncertainties in Boundaries.
(a) Where uncertainty exists as to the boundaries of a zone, the following rules shall apply:
(1) Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
(2) In subdivided property or where a zone boundary divides a lot, the location of such boundary, unless such location is indicated by dimensions, shall be determined by the use of the scale appearing on the zoning map.
(b) If uncertainty exists despite the foregoing, the Planning Commission shall determine the location of the boundaries.
Sec. 9-2.107. Addition of Permitted Uses.
(a) The Planning Director or Planning Commission may recommend additional permitted uses to the City Council, if the Commission makes the following findings:
(1) The addition of the use to the list of permitted uses will be in accordance with the purposes of the district.
(2) The use has the same basic characteristics as the uses permitted in the district. (3) The use reasonably can be expected to conform with the required conditions prescribed for the district.
(4) The use will not be detrimental to the public health, safety or welfare. (5) The use will not create more vehicular traffic than the volume normally created by any of the uses permitted in the district.
(6) The use will not adversely affect the character of any district in which it is proposed to be permitted. (7) The use will not create more odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses permitted in the district.
(8) The use will not create any greater hazard offire or explosion than the hazards normally created by any of the uses permitted in the district.
(b) Additional permitted uses shall be approved by ordinance adopted in accordance with the procedures in this chapter.
Sec. 9-2.108. Definitions.
For the purpose of this chapter, certain words and terms used herein are defined as follows, unless apparent from context:
(a) "Accessory Building" - A building or structure subordinate to, and customarily incidental to the main building, structure or use on the same site. Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be part of the main building.
(b) "Accessory Use" - A use incidental, related, appropriate and clearly subordinate to the main use of the site or building, but not altering the principal use of the site.
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(c) "Alter" - Any change in the supporting or load-bearing members of a building such as bearing walls, columns, beams, girders or floor joists.
(d) "Block" - The properties abutting on one side of a street and lying between two nearest intersecting or intercepting streets and railroad rights of way, unsubdivided lands or watercourses. (e) "Breezeway" - A roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory building on the same site. (fl "Building" - A permanently located structure, having a roof, for the housing or enclosure of persons, animals or property of any kind. Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.
(g) "Building, Main" - A building within which is located the principal use permitted on the lot or site as provided by this chapter.
(h) "Building Official" - The Building Official of the City. (i) "Building Setback Line" - The minimum distance as prescribed by this chapter between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.
(j) "Carport" - An accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure.
(k) "Club" - An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. (I) "Commission" means the California City Planning Commission. (m) "Director" means the California City Planning Director. (n) "Emergency Shelters" - A facility that provides immediate and short-term housing for homeless persons that is limited to occupancy of six months or less. Supplemental services may include counseling and access to social programs. No individual or household may be denied to emergency shelter because of an inability to pay.
(o) "Family" -An individual, two or more persons who are related by blood, adoption, or marriage, or a group of not more than six persons not necessarily related by blood, adoption, or marriage living together in a dwelling unit.
(p) "Frontage" - The property line of a site abutting on a street, other than the side line of a corner lot. (q) "Grade" - The average elevation of a parcel before structures are constructed. (r) "Lot" -
(i) A single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the County Recorder. (ii) Includes a part of a single parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this chapter. (s) "Lot Area" - The total horizontal area within the lot lines of a lot. (t) "Lot, Corner" - A lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred thirty-five {135) degrees.
(u) "Lot Coverage" - That portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.
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(v) "Lot Depth" - The horizontal length of a straight line connecting the midpoints of the front and rear lot lines. (w) "Lot, Double Frontage" - An interior lot having frontage on and with access on two parallel or approximately parallel streets.
(x) "Lot, Interior" - A lot other than corner lot or reverse corner lot. (y) "Lot, Key" - The first lot to the rear of a reversed corner lot, whether or not separated by an alley. (z) "Lot Line, Front" -
(i) In the case of an interior lot, a line separating the lot from the street. (ii) In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street. (aa) "Lot Line, Rear" - A lot line opposite and most distant from the front lot line, or, in the case of an irregular triangular or gore-shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
(bb) "Lot Line, Side" - Any lot boundary line not a front lot line or a rear lot line. (cc) "Lot, Reversed Corner" - A corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.
(dd) "Lot Width" - The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(ee) "Railroad Right of Way" - A strip of land for the accommodation of rail lines or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing yards or other uses are located. (ff) "Residence" - A structure containing a dwelling unit designed for occupancy by one family or more. (gg) "Second Unit Housing" - A type of housing ideal for parents wishing to remain independent such as, a mother-in-law's quarter or guest unit. This is not rental property and is allowed on lots zoned for a single family residence.
(hh) "Secretary" means the Secretary to the California City Planning Commission. (ii) "Sign" - Any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any lace whatsoever. (jj) "Site Coverage" means the percent of the site area covered by structures calculated by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.
(kk) "Street" - A public or private way permanently dedicated or reserved as a primary means of access to abutting property.
(II) "Street Line" - The boundary line between street rights or way and abutting property. (mm) "Structural Alteration" - Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building excepting those changes which may result from providing minor repairs and building maintenance. (nn) "Structure" - Anything constructed or erected which requires a fixed location on the ground, including a building, but not including a fence or wall use as a fence. (oo) "Structure, Main" -A structure housing the principal use of site or functioning as the principal use.
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(pp) "Supportive Housing" - Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing that is provided in single family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses under this Code.
(qq) "Temporary" -A period not to exceed twelve (12) months. (rr) "Transitional Housing" -A development with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional Housing that is provided in single family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses under this Code. (ss) "Use" - The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged or for which either a site or structure is or may be occupied or maintained. (tt) "Use, Conditional" - A use listed as a conditional use in any district in this chapter. (uu) "Use, Permitted" - A use listed as a permitted use in any district in this chapter. (vv) "Yard" - Open and unoccupied space on a lot.
(ww) "Yard, Front" - A yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot. (xx) "Yard, Rear" - A yard, the depth of which is the minimum required horizontal distance between the rear lot line and line parallel thereto on the lot, which yard extends across the full width of the lot. (yy) "Yard, Side" - A yard, the width of which is the minimum required horizontal distance between the side lot and a line parallel thereto on the lot, not including any portion of required front yard or required rear yard. (Ord.No. 14-722, § 2, 4-1-2014; Ord. No. 15-737 , § 2.A, B, 10-13-2015) ARTICLE 2. REQUIREMENTS FOR ALL ZONING DISTRICTS
Sec. 9-2.200. Purpose.
This Article establishes regulations applying to more than one (1) district.
Sec. 9-2.201. Street Access to Dwellings.
Every main building shall face, or have frontage, upon a street or have permanent means of access to a street by way of a public or private easement or passageway other than an alley.
Sec. 9-2.202. Height of Flagpoles and Similar Structures.
No roof structures shall exceed the height limits set forth in this chapter. Flagpoles, chimneys, and smokestacks may extend not more than forty-five (45) ft. above the grade of the property where the structure is located. Radio, television, cellular and other antennae shall not exceed fifty (50) ft. above grade if attached to a Cr eated: 2022-05- 13 14:23:26 [EST]
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main building or eighty {80) ft. above grade if free standing. Flag poles, chimney smoke stacks, antenna, and similar devices shall be subject to site plan review by the Planning Director to assure the device poses no threat to public safety.
(Ord. No. 09-683, 12-2-2009)
Sec. 9-2.203. Storage in Yards.
No portion of required yards shall be used for permanent storage. No portion of required rear yard shall be used for permanent storage unless the rear yard is enclosed by a six-foot high solid fence. For the purposes of this section "permanent storage" means the presence of structure parts {other than building materials for use on the premises under a valid and subsisting building permit), machinery, vehicles {other than vehicles parked in compliance with the Vehicle Code), farm products or other goods, for a period of forty-eight {48) or more consecutive hours.
Sec. 9-2.204. Reserved.
Editor's note(s)-Ord. No. 06-637, adopted on Feb. 7, 2006, repealed former§ 9-2.204 in its entirety which pertained to temporary structures to aid construction.
Sec. 9-2.205. Yards.
(a) Each zone has yard space requirements.
{b) Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site. Where a precise street plan has been adopted by the City, required front yards shall be measured from the plan line, and no structure or use to extend beyond such line. Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site. (c) The following are permitted to encroach into required yards:
(1) Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side, or rear yard not to exceed three (3) ft. {2) Open, unenclosed, uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building may extend into any front, side, or rear yard not more than three (3) ft. ; provided, however, an open work railing, not more than thirty (30) in. in height, may be installed or constructed on any such porch, platform, or landing place. (3) Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations, and except the provisions of this chapter shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the State or any agency thereof.
(4) The Commission may waive rear or side yard requirements or allow the maximum building area to be exceeded owner if the following conditions are met:
(a) The property owner proposes to construct a residential structure which crosses the lot line separating two or more contiguous parcels which the property owner owns provided that it is in conformance with the State Subdivision Map Act.
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(b) Rear or side yard requirements are waived only along the lot line which is to be crossed by the residential structure;
(c) The total building area of the structure does not exceed the sum of the maximum total building areas allowed for the contiguous parcels; and
(d) The Commission finds the proposed use conforms to zoning requirements and conforms with general and specific plans.
Sec. 9-2.206. Reserved.
Editor's note(s)-Ord. No. 06-637, adopted Feb. 7, 2006, repealed former§ 9-2.206 in its entirety which pertained to motor home temporary occupancy.
Sec. 9-2.207. Parking: General.
To prevent traffic congestion and shortage of curb spaces, off-street parking shall be provided incidental to buildings or structures and major alterations and enlargements of existing uses. Off-street parking shall be in proportion to the need created by the land use. Off-street parking shall be laid out to protect the public safety and insulate surrounding land uses from their impact.
For the purposes of tabulating the number of off-street parking spaces, the term "floor area" shall mean the gross floor area of a building and its accessory buildings on the same site measured from the outside wall.
Applications for land use permits shall be accompanied by a detailed tabulation of the gross floor area and a calculation of the required number of off-street spaces.
Sec. 9-2.208. Schedule of Off-Street Parking Space Requirements. (a) The following off-street parking requirements apply to the residential districts:
(1) Two (2) covered parking spaces shall be provided for each unit in a district for single family dwellings. (2) Two (2) off-street parking spaces shall be provided for each dwelling unit in a district for multiple family dwellings. The parking spaces must have access by a concrete or asphalt driveway. One parking space for each unit must be covered. Notwithstanding the foregoing:
(i) One (1) parking space per dwelling unit is required for multi-family housing made available solely to persons fifty-five (55) years of age or older; and
(ii) An additional one-quarter (.25) parking space per dwelling unit may be required by the Commission for guest parking spaces for developments which include more than 50% of the units as three (3) or four (4) bedroom units.
(iii) One (1) covered parking space for each bedroom or one parking space for each one hundred fifty (150) square feet of sleeping area, whichever is greater, is required for boarding houses and private clubs providing sleeping accommodations.
(iv) Motels and hotels shall have one parking space for each guest room. There shall be one (1) additional parking space for each two employees per shift regularly employed by the motel, or any independent business located within the motel structure. If the motel provides an area for the consumption of food or beverages or provides meeting or assembly halls, the following requirements must be met.
Number of Parking Requirements
Motel Rooms
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3-10 One parking space for each 100 square feet of area used for the consumption of food or beverages and one parking space for each t hirty-five {35) square feet of meeting or assembly hall space.
11-40 One parking space for every 200 square feet of area used for the consumption of food or beverages and one parking space for each seventy (70) square feet of meeting hall or assembly hall space.
41- 75 One parking space for each 300 square feet of area designated for the consumption of food or beverages and one parking space for each 150 square feet of meeting or assembly hall space.
76 or more One parking space for each 400 square feet of area set aside for the consumption of food or beverages and one parking space for each 300 square feet of meeting or assembly hall area.
(3) One (1) covered parking space plus one (1) uncovered guest parking space shall be provided for each dwelling unit in a planned unit development or condominium complex. (b) The following off-street parking requirements apply to commercial districts:
(1) Dental and medical clinics and offices including optometrists and Chiropractors: One (1) parking space for each two hundred (200) sq. ft. of floor area, or four (4) parking spaces for each doctor, whichever is greater.
(2) Major medical facilities and hospitals. One (1) parking space for each two hundred (250) sq. ft. of floor area.
(3) Sanitariums, charitable and religious institutions providing sleeping accommodations: One (1) parking space for each three (3) beds.
(4) Group care facilities. One (1) parking space for each three (3) beds. (5) For auditoriums, community centers, theaters, churches, libraries, museums, stadiums, clubs and funeral chapels: One (1) parking space for every four (4) permanent seats in the principal assembly area or room, or one (1) parking space for every thirty (30) sq. ft. offtoor area, whichever is greater. (6) Bowling alleys: Four (4) parking spaces for each alley, plus one (1) parking space for each one hundred (100) ft. of floor area used for restaurant and/or cocktail lounge. (7) Billiard and/or pool parlors: Two (2) parking spaces for each table. (8) Skating rinks: One (1) parking space for each employee, plus one (1) parking space for each one hundred (100) sq. ft. of floor area.
(9) Dance halls: One (1) parking space for each thirty-five (35) sq. ft. of dance floor area, plus one (1) parking space for each five (5) fixed seats or for each thirty-five (35) sq. ft. of seating area where there are no fixed seats.
(10) Banks, savings and loan and other financial Institutions: One (1) parking space for each two hundred (250) sq. ft. of floor area plus five (5) tandem lane spaces for each outdoor teller or teller station. (11) General retail stores, except as otherwise specified: One parking space for each 300 sq. ft. of floor area. {12) Offices, including all public and professional offices, except as otherwise specified: One (1) parking space for each 250 sq. ft. of floor area, with a minimum of four (14) parking spaces. {13) Other commercial service establishments, repair shops, wholesale establishments and retail stores which handle only bulky merchandise such as furniture, household appliances, motor vehicles, farm implements and machinery: One (1) parking space for each five hundred (500) sq. ft. of floor area.
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(14) Automobile dealerships: One (1) parking space for each two (2) employees during the time of maximum employment, plus one (1) parking space for each (2,000) sq. ft. of lot and building area used for the display or storage of automobiles.
(15) Self-service laundries and dry cleaners: One (1) parking space for each three (3) washing machines. (16) Automobile repair shops: One (1) parking space for each four hundred (400) square feet of floor area. (17) Barber shops, beauty salons: Two (2) parking spaces for each barber or beautician, with a minimum of four (4) spaces.
{18) Restaurants, cafes, soda fountains and similar establishments: One (1) parking space for each one hundred (100) sq. ft. offloor area.
(19) Manufacturing plants and other industrial uses: One (1) parking space for each employee during the shift of maximum employment, plus one (1) parking space for each vehicle used in conjunction with the use.
(20) Retail food market and convenience store: One (1) parking space for each five hundred (500) square feet of floor area.
(21) Nurseries, retail: One (1) parking space for each one thousand five hundred (1,500) square feet of site area, plus one (1) loading space for each acre of site area. (22) Shopping centers (major): One (1) parking space for each two hundred (200) square feet of floor area. (23) Open uses, commercial and industrial uses conducted primarily outside of buildings: One (1) parking space for each employee on the maximum shift plus additional parking spaces prescribed by the Planning Director.
(24) Transportation terminal facilities: One (1) parking space for each two (2) employees plus additional parking spaces prescribed by the Planning Director.
(25) Storage and warehouses: One (1) parking space for each one thousand (1,000) sq. ft. of floor area. (c) The following off-street parking requirements apply to educational facilities:
(1) Kindergarten and Nursery Schools: One (1) parking space for each employee plus one (1) parking space for each ten (10) children.
(2) Elementary and Junior High Schools: Two (2) parking spaces for each classroom. (3) High Schools: One (1) parking space for each employee plus seven (7) parking spaces for each classroom.
(4) Colleges; Business and Professional Schools and Colleges; Trade Schools: One (1) parking space for each employee plus ten parking spaces for each classroom.
(d) For a use not specified in this section, the same number of off-street parking spaces shall be provided as are required for the most similar specified use.
Sec. 9-2.209. Standards for Off-Street Parking Facilities.
Off-street parking shall conform with the following standards:
(a) The parking space shall be nine (9) ft. by nineteen (19) ft. and parking areas shall have ingress and egress to a street or alley.
(b) Entrances and exits to parking lots shall be provided at locations approved by the City Engineer.
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(c) All facilities, not open or visited by the public, with access drives and parking spaces directly adjacent to the structure, shall be surfaced with a concrete surfacing, aisles and fire lanes shall be surfaced with at minimum type 2 road base as approved by the Public Works Director. (d) Parking areas shall not be located within a required front setback or within a street side setback of a corner lot.
(e) Open spaces shall be plainly marked by striping.
(f) In all commercial, quasi-public, industrial, and professional and administrative office districts. One (1) stall for the physically handicapped shall be provided for each fifty (SO parking spaces, or fraction thereof, and shall be located as near as practical to public entrance. (g) Parking spaces for "compact automobile" will be permitted not less than fifteen (15) ft. in length and seven and one-half (7½) ft. in width, exclusive of aisles and access drives and shall not exceed 30% of the total required parking spaces.
(h) Lighting shall be deflected away from abutting residential sites so as to cause no annoying glare. (i) In a commercial district where a site adjoins or is directly across the street from a residential zone, a concrete block or masonry wall not less than six (6) ft. in height shall be located on the property line except in a required front yard, in which case the wall shall be three (3) ft., and suitably maintained. (j) The plan for off-street parking facilities shall be accompanied by a detailed landscape plan for parking facilities. The Planning Director shall approve landscaping plans within a parking area and may require additional landscaping if the Planning Commission deems it necessary to improve the aesthetic character of the project.
(kl Off-street parking facilities shall be located on the same site as the use for which the spaces are required or on an adjoining site or a site separated only by an alley from the use for which the spaces are required.
( Ord. No. 21-784, § 3, 2-9-2021)
Sec. 9-2.210. Shared Parking.
(a) The Planning Commission Council may grant an exception to the number of spaces required when the joint users of a parking facility have divergent needs with respect to daytime versus nighttime use, or weekdays versus Saturdays or Sundays.
(b) Conditions for allowing shared parking are:
(1) The buildings and uses shall be within three hundred (300) ft. of the nearest point by walking distance within a parking facility to the building or use.
(2) The applicant shall show there is no conflict in the principal operating hours of the buildings or uses. (3) A shared parking agreement between the principal parties and the City shall be entered into which restricts the shared parking area to parking use only.
Sec. 9-2.211. Off-Street Loading Facilities Required.
(a) In commercial and manufacturing zones, and multiple residential zones, there shall be located on the site of each building or structure, off-street loading for vehicles.
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Where, in the opinion of the Planning Director, a practical difficulty is involved relating to site size, existing development or access, the Planning Commission may grant an exception to any portion of the requirements necessary to achieve the intent of this section.
(b) One (1) off-street loading berth shall be provided if the gross floor area exceeds five thousand (5,000) sq. ft., and one (1) additional berth shall be provided for each additional ten thousand (10,000) sq. ft. No off-street loading berths shall be required for buildings of less than five thousand (5,000) sq. ft. of gross floor area. The loading area, aisles and access drives shall be fully hard surfaced with asphaltic concrete of minimum thickness of two (2) in., over four (4) in. of untreated rock base. Lighting shall be deflected away from abutting residential sites to prevent annoying glare.
(c) The location of off-street loading facilities shall be approved by the Planning Director.
Sec. 9-2.212. Site Plan Review.
(a) A site plan shall be approved by the Planning Director for a multi-family residential use of four (4) units or more, private club use, commercial use, church use or manufacturing use. (b) An application for site plan review shall be filed with the Planning Director. The Planning Director shall review the proposal to determine whether it satisfies the requirements of this section. The Planning Director's decision shall be final unless appealed to the Planning Commission by any interested party prior to the issuance of any building permit for the property.
(c) The application for a site plan review shall contain the following:
(1) Name and address of the applicant;
(2) Name(s) and address(s) of the property owner(s);
(3) Assessor's parcel number(s};
(4) A plan drawn at the scale specified by the Planning Director, including the following:
(i) Topography and proposed grading;
(ii) Location of existing buildings and structures with required setbacks; (iii) Location of proposed buildings and structures with required setbacks; (iv) Location of all existing and proposed utilities, including water, natural gas, electrical and drainage facilities;
(v) Exterior elevations showing the height of the building, the location of doors, windows, chimneys, mechanical equipment and the types and colors of materials proposed; (vi) Dimensions of the existing and proposed buildings or structures or other information (e.g., seating capacity) of the proposed buildings allowing the Planning Director to determine parking needs in accordance with the requirements set out in the City Zoning Ordinance; (vii) Layout of proposed parking lot, including location of parking spaces, internal circulation pattern, ingress and egress points and location of trash enclosures; (viii) Dimensions of parking stalls and aisles;
(ix) Location of landscaping and irrigation system, including identification of plant materials to be used;and
(x) Location of on-site and off-site lighting.
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(d) The site plan shall be approved if application shows the site will be developed in accordance with the requirements of the Municipal Code. The applicant shall improve the property shown in the application in conformance with the approved site plan.
Sec. 9-2.213. Accessory Uses.
Accessory uses are permitted in each zoning district.
Sec. 9-2.214. Barrier Walls and Fences.
(a) Where a lot in a commercial district, community medical center {CMC) district, or industrial district adjoins or is located across a street or alley from a residential district, a concrete block wall, masonry wall, stucco wall six (6) feet minimum in height shall be located on the rear or side property line common to such Districts. (b) Storage of materials and equipment attendant to a permitted use shall be within an area screened by concrete block wall, masonry wall, stucco wall, or fence six (6) feet minimum in height as may be approved by the Planning Director.
(c) A use not conducted entirely within a completely enclosed structure on a site across a street or an alley from a Residential District shall be screened by an ornamental solid wall or screen fence not less than six (6) feet in height if found by the Planning Commission to be unsightly. (d) Storage of materials and equipment sites is permitted only within an area surrounded and screened by a solid wall or fence or compact evergreen hedge (with solid gates where necessary), not less than six (6) feet in height.
(Ord. No. 05-625, 5-17-2005)
Sec. 9-2.215. Manufactured Units and Commercial Modular Unit. (a) Definitions.
(1) "Manufactured home" means a mobile home or manufactured house certified by the Department of Housing and Urban Development (HUD) and constructed in full compliance with the National Mobile Home construction and Safety Standards Act intended for occupancy by a single-family installed on a permanent foundation in conformance with applicable zoning regulations. (2) "Commercial modular unit" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit.
(b) Permitted locations.
(1) Manufactured homes are a permitted use, as a single-family dwelling in all Residential zoning districts, and within a permitted mobile home park.
(2) Commercial modular units are a permitted use in all other zones, subject to the development standards set forth herein.
(c) Site Development Standards.
(1) Site development standards for manufactured homes and modular units shall comply with the standards of the underlying zone district, and other applicable provisions of the Zoning Code. (2) Each manufactured home or modular unit shall have a permanent foundation sufficient to support all loads of and on the structure including wind and seismic loads pursuant to Health and Safety Code Creat ed : 2022-05- 13 14:23 : 26 [ EST]
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Section 18551 and appropriate parts of the Code of Regulations. The distance between the ground floor and grade shall be not less than eighteen (18) inches nor more than twenty-four (24) inches, provided, a variance may be granted to allow floors more than twenty-four (24) inches above grade.
The floor may not be more than twenty-four (24) inches above grade if a basement is present.
Ventilation of two (2) square feet shall be provided for each twenty-five (25) lineal feet of foundation, and one (1) square foot of ventilation shall be provided within five (5) lineal feet of each corner. (3) Except in a mobile home park, each manufactured home or modular unit to be constructed on a lot permitting a single family dwelling shall have a detached garage measuring not less than four hundred (400) square feet with a minimum 3/12 roof pitch or a carport where permitted by development standards. Access to such area shall be provided by means of an asphalt or concrete driveway. (4) Each single family dwelling, each manufactured home unit and each accessory structure, except minor structures excluded by the California Building Code and patio enclosures and awnings, shall have a roof with a minimum pitch of three (3) inches vertically for each twelve (12) inches horizontally provided, room additions which are physically constrained to a flatter slope shall have the maximum available slope consistent with approved roofing, provided further, the Building Official may allow less roof pitch or eave width when necessary to accommodate a recognized architectural style. Roof eaves shall not be less than sixteen (16) inches.
(d) Certifications. Prior to the installation of a manufactured home or modular unit, all requisite certifications shall be submitted to the Building Official in conjunction with the application for a building permit. (e) Building permit. A building permit issued by the Building Official is required for the placement of a manufactured home or modular unit.
(Ord. No. 16-740, § 4, 6-7-2016)
ARTICLE 2A. TEMPORARY USES
Sec. 9-2.2A01. Purpose.
Some temporary uses of land are inconsistent with underlying general plan and zoning requirements, unless conditions are imposed to achieve consistency. This Article describes temporary uses which may be consistent with the issuance of a conditional permit.
This Article accommodates land uses which are temporary and are not otherwise permitted or permitted as conditional uses. The character of such uses requires proper conditions to protect the owners, occupants, and users of adjacent property.
(Ord. No. 06-637, 2-7-2006)
Sec. 9-2.2A02. Scope.
The provisions of this Article shall apply to the temporary uses enumerated herein. Any building or structure not conforming to the requirements of this Article shall be deemed a permanent use and shall be allowed only if such use is a permitted or permitted as a conditional use in the zone where the use is located. The requirements of this Chapter shall not be construed to prohibit or limit this Code and other laws. This Article does not apply if the use is otherwise permitted.
(Ord. No. 06-637, 2-7-2006)
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Sec. 9-2.2A03. Definitions.
The following terms are defined for the purposes of this Article. (a) "Temporary" means a period not to exceed twelve (12) months. (b) "Structure" means any building, shelter, sign, wall, fence, pole or other improvement with a fixed location on the ground above grade constructed or installed by man and permanently attached to the ground, but not including poles, lines, cables, pipelines, or other transmission or distribution facilities of utilities.
(c) "Vehicle" means a properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one place to another or a bicycle. (Ord. No. 06-637, 2-7-2006)
Sec. 9-2.2A04. Temporary Uses Allowed.
(a) Uses Allowed-Business. Any person may sponsor or conduct for profit or non-profit purposes the temporary uses set forth below upon the issuance of a temporary business license. (1) Auction.
(2) Christmas tree sales.
(3) Farmers market.
(4) Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other activity of a similar nature.
(S) Fireworks stand.
(6) Produce stand.
(7) Motorized vehicle sales, not to exceed 48 hours in duration, by a licensed dealer. (8) Temporary construction or model home office.
(9) Temporary retail sales not exceeding two hundred (200) square feet. (10) Cargo containers.
(11) Transitional housing.
(12) Supportive housing.
(b) Uses Allowed-Non-business. Any person may sponsor or conduct the temporary uses set forth below upon the issuance of a temporary use permit.
(1) Garage/yard sale.
(2) Temporary car wash.
(3) Occupancy of a vehicle designed for temporary occupancy, herein "motor home." (Ord. No. 06-637, 2-7-2006; Ord. No. 14-722, § 3, 4-1-2014) Cr eated : 2022- 05-13 14: 23:26 [EST]
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Sec. 9-2.2AOS. Temporary Use Permits.
No person shall install or conduct any temporary use without a temporary use permit. (Ord. No. 06-637, 2-7-2006)
Sec. 9-2.2A06. Development Standards-General.
(a) A temporary use shall be:
(1) An accessory use to the main use of the property; or (2) Compatible, in terms of character and intensity of use, with permitted or conditional uses allowed in such zone.
(b) The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.
(c) For all temporary uses allowed under section 9-2.2A04(a), specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry, and the enforcement of State and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use. (d) For all temporary uses allowed under section 9-2.2A04(a), the applicant shall provide evidence of liability insurance. Such insurance shall:
(1) Name the City as an insured;
(2) Hold the City harmless from any claim arising from personal injury or property damage resulting from the temporary use; and
(3) Provide that the insurance shall not be canceled prior to giving the City at least ten (10) days written notice of such cancellation.
(e) Off-street parking shall be provided on the lot or parcel where the temporary use is located. (f) The duration of temporary use permits shall be as follows:
(1) Auctions; garage/yard sales: Three (3) days (not more than four (4) per year); (2) Temporary retail sales: Ten (10) days (not more than four (4) per year on a given lot or parcel); (3) Fireworks stand: Thirty (30) days;
(4) Christmas tree sales; motorized vehicle sales by a licensed dealer: Sixty (60) days; (5) Produce stand; farmers market: Ninety (90) days;
(6) Temporary construction or model home office: For the duration of construction activity so long as construction is diligently pursued and the offices are located on the property under construction or development, but not to exceed one hundred twenty (120) days. A Conditional Use Permit is required for periods exceeding one hundred twenty (120) days; and (7) Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other enterprise of a similar nature: For the time period within which the use is operated, but not to exceed fourteen (14) days.
(8) Transitional housing up to six (6) months from date of disaster.
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(9) Supportive housing up to two (2) years from date of disaster. (g) Trash shall be removed and the site restored to its prior condition within three (3) days after the temporary use has concluded. The failure to its prior condition constitutes a nuisance. (h) Authorized law enforcement officers, zoning enforcement officers, fire control officers, and other governmental personnel shall be permitted free access to the temporary use to make inspections to ensure compliance with this Article.
(Ord. No. 06-637, 2-7-2006; Ord. No. 14-722, § 4, 4-1-2014) Sec. 9-2.2A07. Standards: Specific.
(a) The temporary uses described in this section shall satisfy the requirements of this section in addition to the general requirements of the preceding section.
(b) A temporary car wash may be operated with a permit. The permit shall contain at least the following conditions:
(1) Use shall not occur within one hundred (100) feet of a residential dwelling; (2) Use shall not occur earlier than one (1) hour after sunrise or later than one (1) hour before sunset; (3) The number of permits issued by the planning director for a specific geographic area or specific t ime shall not constitute a public or private nuisance;
(4) Applicant shall agree to not litter or otherwise disturb property which is used; (5) Applicant shall use property only with the written permission of the property owner(s); and (6) The applicant shall pay application and permit fees in amounts from time-to-time established by the Council by resolution in amounts sufficient to offset the costs incurred by the City to review the application and issue and enforce the permit.
(c) A person may use a motor home to temporarily occupy property with a temporary use permit. The permit shall contain at least the following conditions:
(1) The person proposing to occupy the motor home secures a temporary occupancy permit from the Planning Director, or designee;
(2) The motor home includes a self-contained tank for holding sewage wastes and the owner of the motor home makes arrangements to dispose of wastes in a manner approved by health officials; (3) The occupancy is limited to a period of not more than thirty (30) days, provided the Director may extend the period of occupancy for one additional thirty-day period upon the showing of good cause; and
(4) Upon termination of the occupancy, the property shall be restored to the same condition as existent prior to the commencement of occupancy.
(d) Temporary Uses to Aid Construction.
(1) One (1) vehicle may be temporarily placed to facilitate construction or security, provided:
(i) A building permit has been issued for the property on which the temporary structure is to be located;
(ii) The temporary structure is removed, and such use terminates, upon the completion of the construction specified in the building permit. In no event shall the use permit allow such use for more than two (2) years;
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(iii) The temporary structure may be used as living quarters only if the Building Official issues a permit for such use; and
(iv) The Commission may require the removal of such temporary structure upon ten (10) days' prior written notice if a residential structure is constructed within three hundred (300) yards of the construction site or if the use otherwise threatens the integrity of the zone. (2) Cargo containers are permitted for temporary storage of construction materials and equipment provided:
(i) If the container is to be placed on the same property which is being improved; (ii) If the container is to be placed on property adjacent to the property being improved, only with the written consent of the adjacent property owner on whose land the contained is sited; (iii) A building permit has been obtained for construction and the materials and equipment to be stored in the container are used for that construction; and (iv) The container is removed before the issuance of an occupancy permit. (Ord. No. 06-637, 2-7-2006)
Sec. 9-2.2A08. Temporary Sales Offices.
A temporary sales office may be located on a lot in a residential district for a period not to exceed twelve (12) months to facilitate residential sales. The Planning Director will determine whether the sales office is ancillary to sales and whether the use is temporary. The Planning Director's decision may be appealed to the Commission. (Ord. No. 06-637, 2-7-2006)
Sec. 9-2.2A09. Temporary Signs.
(a) General. Signs, pennants and banners for temporary displays, grand openings, or special events may be permitted for a period not to exceed thirty (30) successive days in a six-month period. Temporary signs relating to national holidays may be erected in any zone for a period of not more than sixty (60) days. No portable sign, wind-driven sign, or balloon sign shall be allowed except as provided in this section. As used herein, "Temporary Sign" means a sign intended for use during a limited period oftime. (b) Temporary Real Estate Sales Signs.
(1) Signs for model homes, in subdivisions or commercial areas, shall be for less than six (6) months. (2) Signs advertising the sale of real property by the owner are exempt from the permit requirement but shall meet the following standards:
(i) Not more than one temporary real estate sign shall be placed on the lot, but where the lot is bounded by more than one street, one sign shall be allowed along each adjacent street. Size shall not exceed twenty-four (24) inches by thirty (30) inches; (ii) Temporary real estate signs shall not be illuminated; (iii) Temporary real estate signs shall be a minimum of ten (10) feet from any street right-of-way and property line;
(iv) If attached to a building, a temporary real estate sign shall not exceed above the roofline or parapet wall of that building;
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(Supp. No. 10)
(v) The sign height shall be lower than the height of the enclosed buildings or walls and the signs shall not be visible from a public street or adjoining property; (vi) Real estate signs shall be removed within ten (10) days after close of escrow for the sale of the property; and
(vii) Any sign placed in the public "right-of-way" shall require a permit issued by the City and any location or placement shall be approved by the City Engineer. The numbers of directional signs allowed for "open house" and any similar real estate promotion shall be limited to two (2) per quarter(¼) mile, with turn identifiers exempted from this provision. Signs shall be on display only when the advertised real estate is open for inspection. (3) This section shall not restrict the number or size of temporary real estate signs erected out-of-doors within a courtyard or enclosed mall.
(c) Temporary subdivision signs shall meet the following standards:
(1) Off-site temporary subdivision signs:
(i) The signs shall be located at primary streets providing directions to the subdivision; and (ii) The overall height of each sign shall not exceed eight (8) feet and thirty-two (32) square feet in total area.
(2) On-site temporary subdivision signs:
(i) The signs shall be located at the primary entrance to the subdivision or at the model homes; and (ii) The overall height of each sign shall not exceed eight (8) ft. and thirty-two (32 sq. ft. in area. (d) Temporary Construction Signs. Where a building is under construction, temporary signs may be erected to identify the project owner, architect, landscape architect, contractor, building, lender, and proposed use, provided however, they meet the following standards:
(1) There shall be no more than one such temporary construction sign at each end of any one project; (2) The sign shall not exceed thirty-two (32) sq. ft. in area; (3) The sign shall not be illuminated;
(4) The sign shall not be attached to a building;
(S) The sign shall be freestanding and stationary, not exceeding a maximum height of eight feet; and (6) The sign shall be removed at the time of final inspection of the project. (e) Temporary Special Event Signs. Temporary special event signs may be erected for a period not to exceed ninety (90) days and meet the following standards:
(1) The signs shall be removed within ten (10) days following the conclusion of the event or campaign; (2) In residential zones, each sign shall not exceed six (6) square feet in area or a height of (4) ft.; and (3) Signs placed in a public right-of-way shall require City approval via a permit fee and a cleanup deposit.
A location plan of such signs shall be submitted to the Planning Director for approval prior to the issuance of a permit.
(f) Temporary Commercial Signs. Signs, inflatable devices, banners, flags, or pennants used to promote special sales and/or promotions shall meet the following standards:
(1) Signs shall conform to the specific size restrictions required for the sign type as defined in this ordinance. All flags, banners, and pennants shall be considered temporary and in no instance shall Created: 2022- 05- 13 14:23:26 [EST]
(Supp. No. 10)
exceed thirty-two (32) sq. ft. in area nor be flown or hung from a pole greater than thirty (30) feet in height without a waiver from the City;
(2) Permits for such temporary signs shall not be issued for longer than a thirty-day period and may be renewed in thirty-day increments for a total of one hundred twenty (120) days per year; and (3) Inflatable devices shall not attain a height of more than one hundred (100) feet. These devices must be taken down every evening. Inflatable devices made from metallic or electrically conductive material are prohibited.
(g) Garage Sale Signs.
(1) Temporary signs are permitted to announce garage or yard sales, provided:
(i) The sign must be obtained from the City; and
(ii) Signs shall be written in erasable marker or a paper sign may be attached with invisible tape to ensure reusable sign is not damaged. The sign shall include receipt number and address where the sale is taking place.
(2) Garage sale signs may be installed within rights of way adjacent to City streets, but not within medians of City streets, on street sign poles, or utility poles, if the following requirements are met:
(i) A refundable deposit is posted with the City;
(ii) Signs are removed on the day the sale ends or if the signs are not removed, the City shall remove the signs and forfeit the deposit;
(iii) The signs shall not be erected more than five (5) days prior to the sale; and (iv) The bottom edge of the signs shall be no less than twelve (12) in. nor more than thirty-six (36) in. from the ground.
(3) Any other sign advertising a yard sale will be removed. (Ord. No. 06-637, 2-7-2006;Ord. No. 11-703, 5-17-2011)
Sec. 9-2.2A10. Temporary Use Permit Approval Process.
(a) This section sets forth procedures for considering and approving a temporary use permit. (b) The Planning Director, or designee, shall issue or revoke temporary use permits. ( c) Any person may apply for a temporary use permit.
(d) A complete application shall be submitted to the Planning Director in a form established by the Planning Director with any fee established by the City's schedule of fees. (1) The application shall include at least t he following information:
(i) The name, address and telephone number of the applicant and the applicant's agent, if any; (ii) The name and address of the applicant and the name and address of every person or company the applicant represents;
(iii) The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer;
(iv) The requested temporary use;
(v) The place, date, time of the event, and hours of operation of the proposed use; Created: 2022-05- 13 14: 23 :26 [EST]
(Supp. No. 10)
(vi) A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the use and an explanation of how said number was derived, such as number of pre-sold tickets, available seating and/or parking, and past experience with similar activities; and
(vii) Other such items as reasonably requested by the Planning Director to determine the feasibility of the temporary use.
(viii) Evidence of insurance.
(2) After the application is determined to be complete, the Planning Director shall solicit recommendations from the City Fire Chief, Police Chief, City Engineer, and other enforcement agents as deemed necessary. The Planning Director shall approve, approve with conditions, or deny the application pursuant to this Article. Conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards. (3) After making a decision, the Planning Director shall give the applicant written notice of the decision. (4) A record of temporary use permits shall be maintained in the office of the Planning Director. (e) The following standards shall apply to the issuance of a temporary use permit. No temporary use permit shall be issued unless the Planning Director finds the proposed temporary use:
(1) Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;
(2) Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the City;
(3) Will not conflict with construction or development in the public right-of-way or at public facilities; (4) Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the City;
(S) Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and
(6) Is in compliance with regulations, conditions and licensing requirements of applicable provisions of the California City Municipal Code.
(f) An applicant aggrieved by the decision of the Planning Director may appeal the decision to the Planning Commission in the same manner as other land use decisions are appealed to the Commission. The Commission's decision shall be final.
(Ord. No. 06-637, 2-7-2006)
ARTICLE 28. REASONABLE ACCOMMODATIONS
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(Supp. No. 10)
Sec. 9-2.2B01. Purpose.
It is the purpose of this Article, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the City's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this Article is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation from the various land use, zoning, or building laws, rules, policies, practices and/or procedures ofthe City, where warranted. ( Ord. No. 15-736, § 2, 10-13-2015)
Sec. 9-2.2B02. Applicability.
Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing. (Ord.No. 15-736 , § 2, 10-13-2015)
Sec. 9-2.2B03. Notice to the public of availability of accommodation process.
The Department shall prominently display in the public areas of the Planning and Building and Safety Department at City Hall, a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Article. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. (Ord.No. 15-736, § 2, 10-13-2015)
Sec. 9-2.2B04. Requesting Reasonable Accommodation.
(a) In order to make specific housing available to an individual with a disability or handicap, a disabled or handicapped person or representative thereof may request reasonable accommodation, pursuant to this Article, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.
(b) If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.
(c) A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the Department and shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals;
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(3) Any other information that the City Manager/Planning Director reasonably determines is necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability; (bl applying on behalf of one (1) or more individuals with a disability; or (c) a developer or provider of housing for one (1) or more individuals with a disability;
(5) The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested by the applicant is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is necessary to determine whether the findings required by subsection 9-2.2B06 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.
(d) No filing fee will be required.
(Ord. No. 15-736, § 2, 10-13-2015)
Sec. 9-2.2805. Decision on Application.
(a) The City Manager/Planning Director for the City of California City shall have the authority to consider and act on requests for reasonable accommodation. The City Manager/Planning Director shall issue a written determination within sixty days of the date of receipt of a completed application and may ( 1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, (3) deny the request, or (4) may refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail. (b) If necessary to reach a determination on the request for reasonable accommodation, the City Manager/Planning Director may request further information from the applicant consistent with this Article, specifying in detail what information is required. In the event a request for further information is made, the sixty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
( Ord. No. 15-736, § 2, 10-13-2015)
Sec. 9-2.2806. Required findings.
The following findings must be made in order to approve a request for reasonable accommodation:
(a) The requested accommodation is requested by or on behalf of one or more individuals with disabilities protected under the Fair Housing Laws.
(b) The requested reasonable accommodation is necessary to make housing available to one or more individuals with disabilities protected under the Fair Housing Laws. (c) The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.
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(d) The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city. If, based upon all of the evidence presented to the City Manager/Planning Director, the above findings may reasonably be made, the City Manager/Planning Director shall grant the requested reasonable accommodation. (Ord. No. 15-736, § 2, 10-13-2015)
Sec. 9-2.2807. Appeals.
Any appeal to a reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit pursuant to Chapter 4 of Title 1 of this Code, provided that, notwithstanding any other provision to the contrary, the standard of review on appeal shall not be de novo and the City Council shall determine whether the findings made by the City Manager/Planning Director are supported by substantial evidence presented during the evidentiary hearing. The planning commission, acting as the appellate body, may sustain, reverse, or modify the decision of the City Manager/Planning Director or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing. (Ord.No. 15-736, § 2, 10-13-2015)
Sec. 9-2.2808. Waiver of Time Periods.
Notwithstanding any provisions in this Article regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Article or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this Article.
(Ord. No. 15-736, § 2, 10-13-2015)
ARTICLE 3. GENERAL REQUIREMENTS: ALL RESIDENTIAL DISTRICTS Sec. 9-2.300. Purpose.
This Article contains requirements applicable to all residential zones.
Sec. 9-2.301. Bulk Requirements.
Property in a residential district shall conform to the following minimum bulk requirements:
(a) Single or multiple family dwellings shall not exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less, provided, with a special permit multiple family dwellings in a RMl District shall not exceed four (4) stories or forty-five (45) feet in height, whichever is less. (bl Single family dwellings shall have a twenty-five (25) foot front yard setback. Multiple family dwellings shall have a fifteen (15) foot front yard setback.
(c) Single or multiple family dwellings shall have a five (5) foot side and rear yard setback if the dwelling is one story in height, a ten (10) foot side and year yard setback if the dwelling is two stories in height or Created : 2022-05-13 14:23:26 [EST)
(Supp. No. 10)
if the dwelling is located on a corner lot, provided, property located in an R2 or R3 District may have smaller side and rear yards with a permit.
(d) Buildings in a single family residential zone shall be separated by at least six (6) ft. Buildings in a multiple family residential zone shall be separated by at least ten (10) ft. for one (1) story structures and twenty (20) ft. for multiple story structures, and accessory buildings shall be separated by at least six (6) ft.
(e) A breezeway may be used to attach main buildings with accessory buildings and accessory buildings with other accessory buildings provided such breezeway shall be constructed so as to permit authorized firemen and other emergency personnel free access between a building used for dwelling purposes and an accessory building. The intent of such breezeway shall be to permit a roofed section between buildings and not to create an enclosed room.
Sec. 9-2.302. Trash.
Enclosed trash receptacles shall be installed and maintained for each multiple-family dwelling.
Sec. 9-2.303. Home Based Businesses.
(a) Home based businesses shall be permitted in a residential district in accordance with this section. (b) Before approving an application for a home based business in accordance with the provisions of this section, the Planning Director shall determine the proposed home based business will comply with the following standards:
(1) The proposed home based business will not be detrimental to other uses allowed in the zoning district; (2) The home based business will be subordinate and incidental to all other uses. (3) The home based business will be of such character as to permit its being allowed uniformly in all zoning districts of the same classification.
(4) A home based business shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling. (5) A home based business shall not be conducted in an accessory structure, including a garage, and storage of equipment or supplies shall be inside the dwelling. (6) A home based business shall not involve the use of any material of mechanical equipment not recognized as being part of normal household or hobby uses. (7) There shall be no external alteration of appearance of the dwelling in which a home based business is conducted.
(8) The existence of a home based business shall not be apparent beyond the boundaries of the site and no advertising signs of any kind shall be permitted beyond the boundaries of the site. (9) No one other than a resident of the dwelling shall be employed in the conduct of a home based business.
(10) A home based business shall not create any noise audible beyond the boundaries of the site. (11) No motor power other than electrically operated motors shall be used in connection with a home business, unless for emergency purposes only (power outages, earthquakes, etc.). (12) A home based business shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount generated by permitted uses in the district.
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(Supp. No. 10)
(cl A permit for a home based business may be modified or revoked as prescribed by this chapter. (d) Cottage food operations (CFO) shall be a permitted use under this section. ( Ord. No. 15-735 , § 2, 9-22-2015)
Sec. 9-2.304. Accessory Buildings.
Accessory buildings shall meet the following requirements:
(a) Detached accessory buildings shall not exceed seventeen and one-half (17.5) ft. in all zoning districts except RMl and RM2 where detached accessory buildings shall not exceed fifteen (15) ft. in height. (b) Detached accessory buildings shall not be located at a distance less than 60% of the depth of the lot from the front property line, or ninety (90) ft., whichever is less, provided, on a corner lot, no detached accessory building shall be located at a distance less than ten (10) ft. from the side line. (c) An accessory building on the rear twenty-five (25) ft. of a reverse corner lot shall not be located nearer to the side lot line on the street side of the reversed corner lot than the front yard depth required on the key lot in the rear.
(d) A private garage may be a part of the main building if such garage and the main building have a common wall not less than five (5) ft. in length or if such garage is located not more four (4) ft. from the main building and is connected thereto by a roof not less than five (5) ft. in width. (Ord. No. 10-690, 11-16-2010)
Sec. 9-2.305. Fences.
Fences, walls and hedges shall meet the following requirements:
(a) No fence, wall or hedge located in a rear or side yard in an Rl, R2, R3, R4, RS, RA, RMl or RM2 District shall exceed a height of six (6) feet.
(b) No fence, wall or hedge located in the required front yard shall exceed a height of four (4) ft., provided the maximum height shall be three (3) ft. on corner lots.
(c) No fence, wall or hedge located within twenty-five (25) ft. of the rear line of a reversed corner lot between the street and the established setback line on the key lot to the rear shall exceed a height of four (4) ft. (d) No barbed wire or electrified fence shall be used or maintained independently or in connection with a fence wall or hedge along the perimeter of any lot or within three (3) ft. of the perimeter and no sharp wire or sharp points shall project at the top of the fence or a wall which is less than six (6) ft. in height. (e) Acceptable fencing materials shall include the following:
(1) Block wall.
(2) Natural wood.
(3) Manufactured wood specifically designed for exposure to the weather. (4) Stick frame with stucco.
(5) Manufactured vinyl.
(6) Chain link (with or without privacy slats).
(7) Wrought iron.
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(8) Animal fencing (in RA Zone).
(f) Obtain a building permit for new fences and changes to existing fences. (g) Clear measurement points for established height requirements will be made from the inside property line at slab grade or at the native grade at the fence determined by the Building Official. (h) Repairs made to existing fence must be made with like material or material approved by the building department.
(Ord. No. 11-705, 8-16-2011)
Sec. 9-2.306. Other.
(a) Dwellings in the R1, R2, or R3 Districts, including manufactured homes, shall meet the following minimum requirements:
(1) Each single-family dwelling, including manufactured homes, shall contain not less than one thousand two hundred (1,200} square feet of building area and shall be at least twenty-four (24) ft. wide. A special permit may be granted for multiple-story manufactured homes of less than twenty-four (24) ft. wide that are integrated with a garage and having a combined width of at least thirty-four (34) ft.
Multiple-story single-family dwellings shall have a ground floor containing not less than 750 sq. ft. (2) Manufactured units installed on a lot permitting conventional single family dwellings shall comply with the requirements set forth in Section 9-2.215 of this Municipal Code. (B) No person shall maintain an inoperable vehicle, engage in the prolonged repair of mechanical equipment, including vehicles, or engage in the repair of more than two vehicles except within an area not visible from adjoining properties or adjoining public streets. As used herein, the term prolonged repair activities refers to repair activities which are not completed within thirty (30) consecutive days. The violation of this provision is an infraction.
(Ord. No. 05-635, 11-15-2005; Ord. No. 16-740, §§ 2, 3, 6-7-2016) Sec. 9-2.307. Second Unit Housing.
(a) No person shall construct, or cause to be constructed, maintain, or cause to be maintained, second unit housing within the City unless a building permit is first obtained. (b) A Second Unit shall have a minimum of five hundred (500) sq. ft. of floor area and not more than one thousand (1,000) sq. ft. offloor area.
(c) A Second Unit shall have ingress and egress to the Second Unit independent of the Primary Unit. (d) The Second Unit must use the Primary Residence sewer system, provided the Primary Residence sewer system has adequate capacity, otherwise a separate septic or sewer system must be installed. (e) A Second Unit may not have independent water, electric or gas service. (f) The Second Unit square footage is included with the Primary Residence for the purpose of calculating lot coverage.
(Ord. No. 14-722, § 5, 4-1-2014)
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Secs. 9-2.308, 9-2.309. Reserved.
Editor's note(s)-Ord. No. 06-637, adopted Feb. 7, 2006, repealed former§§ 9-2.308, 9-2.309, in their entirety which respectively pertained to temporary sales offices and garage and yard sales.
ARTICLE 4. RA - RESIDENTIAL/AGRICULTURAL DISTRICT
Sec. 9-2.400. Purpose.
The Residential/Agricultural ("RA") District provides living area which combines the advantages of urban and rural location by limiting development to very low density one-family dwellings and permitting animals and fowl to be kept for pleasure or hobbies.
Sec. 9-2.401. Permitted Uses.
The following uses are permitted in the RA District:
(a) Single Family Dwellings and Mobile Homes;
(b) Riding Stables. In the housing of equines, the following three (3) requirements must be met:
(1) Corrals: A corral shall be constructed for each horse. Corrals shall be a minimum of twelve (12) ft. by twenty-four (24) ft. and constructed of proper building material to maintain an animal of this size. The corrals shall be constructed of pipe corrals, wood or equine vinyl/PVC. Each corral shall have a minimum of three (3) two (2) in. by six( 6) in. rails and use non-climb or v-mesh wire fencing with no less than a four (4) in. by four (4) in. post. (2) Shelters: Each shelter shall be a minimum of twelve (12) ft. by twelve (12) ft. with no less than a three-sided enclosure with a roof to provide for adequate shade and to protect against prevailing winds.
(3) Animals housed in fenced areas shall have cross-fencing in the event of failure of the primary fence. Cross-fencing shall be made of adequate strength and material to hold an animal of this size, in the event a horse escapes-a corral area.
(c) Agricultural uses, including the keeping of poultry and rabbits or similar livestock. These animals will be kept in proper housing and enclosed areas. No numerical limit shall be enforced, provided the animals' housing is not overcrowded or becomes a nuisance to neighbors or to the neighborhood. No more than one (1) each of horse, swine, mule, cow, goat, sheep, llama, emu, ostrich, deer, or bison is permitted for each one-fourth (¼) acre of unimproved (except for animal enclosures) area of the parcel upon which such animals are kept, provided, no person shall allow or provide for the grazing of these animals except within fenced and enclosed areas from which the animal cannot wander. No person shall drive, herd or cause such animal to be moved along or over the streets of the City except within the confines of a licensed vehicle. Equines may be ridden along equestrian trails if they do not to cause any traffic impediment. No person shall raise, breed, keep, or maintain an endangered, rare (threatened species) or exotic species of bird, mammal, fish, amphibian, nonpoisonous or poisonous reptiles, spiders, scorpions, other insects, including bees; (d) Nurseries and greenhouses;
(e) Temporary stands for the sale of agricultural, horticultural, or farming products grown or produced on the premises; and
Cr eated : 2022-0S- 13 14:23:27 [EST]
(Supp. No. 10)
(f) Open space and conservation lands.
(Ord. No. 03-610, 8-5-2003)
Sec. 9-2.402. Conditional Uses.
The following uses may be permitted in the RA District with a conditional use permit:
(a) Churches in excess offifteen thousand (15,000) sq. ft. (b) Public or quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed daycare facilities for more than twelve (12) children; churches, parsonages and other religious institutions. (c) Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes for acute psychiatric, drug addiction or alcoholism cases.
(d) Public uses of a recreational or cultural type including museums, art galleries, ambulance services. (e) Electric distribution substations.
(f) Gas regulator stations.
(g) Public utility service yards, excluding municipally owned. (h) Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned. (i) Mobile home parks.
(j) Planned developments.
(k) Fraternal organizations, lodge halls, private clubs, philanthropic institutions and other related quasipublic institutions. (I) Private or public golf courses.
(m) Outdoor festivals (including those on private property and excluding City sponsored activities). (n) Commercial and noncommercial communication facilities (equipment buildings) and towers. (o) Portable cargo container accessory to the main structure and used on the same site. (p) Governmental or quasi-governmental correction, probation or prison facilities and services. (q) Recreational camps and resorts.
(r) Sites for the development or extraction of natural materials. (s) Boat liveries.
(t) Recreational camps and resorts.
(u) Equine veterinaries; equestrian establishments, including stables and horse corrals, riding academies, riding schools, and riding amusements.
(Ord. No. 03-610, 8-5-2003)
Sec. 9-2.403. Site and Structure Requirements.
The following site and structure standards apply to the RA District:
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{Supp. No. 10)
(al The minimum lot area in the RA District is one acre (43,560 sq. ft). (bl The minimum dimension of a lot in the RA District is:
I Min. Width
120 ft.
I Min. Depth
150 ft.
(cl The maximum lot area covered by structures shall be ten thousand (10,000) sq. ft., of which a maximum of one thousand (1,750) sq. ft. being accessory buildings. (d) Set Back requirements in the RA District are:
Front Yard Side Yard Rear Yard
25 ft. 10 ft. (single) 25 ft. (single story)
15 ft. (two story) 20 ft. (two story)
20 ft. (street corner)
(Ord. No. 09-672, 2-17-2009)
ARTICLE 5. R1 - ONE-FAMILY RESIDENTIAL DISTRICT
MEDIUM DENSITY
Sec. 9-2.500. Purpose.
The medium density one-family residential district is established to provide living areas within the City where development is limited to medium density concentrations of one-family dwellings and implement the six dwelling unit per acre density standard of the General Plan.
Sec. 9-2.501. Permitted Uses.
(a) The following uses are permitted in an Rl District:
(1) One-family dwellings; and
(2) Private garages not to exceed three (3l automobiles in capacity unless the lot size is at least twelve thousand five hundred (12,500) sq. ft., the minimum lot frontage is one hundred (lOOl ft., and the house size is at least two thousand (2,000l sq. ft., in which event a four-automobile garage is permitted.
(bl For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Such household pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising. breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted. Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty (20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public. No raising, breeding, keeping or maintaining of fauna is permitted.
Created : 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
Sec. 9-2.502. Conditional Uses.
The following uses may be permitted in the Rl District with a conditional use permit:
(a) Electric distribution substations.
(b) Gas regulator stations.
(c) Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned. (d) Mobile home parks.
(e) Planned developments.
(fl Licensed daycare for nine (9) to fourteen (14) children in addition to the residing family. (g) Twenty-four-hour care facilities for foster homes, for a maximum of six (6) individuals in addition to the residing family.
(h) Five-car garages if the lot size is at least twelve thousand five hundred (12,500) square feet, lot frontage is at least one hundred (100) feet, and the house size is at least two thousand (2,000) square feet.
Sec. 9-2.503. Site and Structure Requirements.
(a) The minimum lot area in the Rl District is 6,000 square feet. (b) The minimum dimensions of a lot in the Rl District is:
I Min. Width
60 ft.
I Min. Depth
100 ft.
(c) Structures shall cover no more than 45% of the lot area in an Rl District. (d) Set Back Requirements in the Rl District are:
Front Yard Side Yard
25 ft. 5 ft. (single)
10 ft. (two story)
15 ft. (street corner)
Rear Yard
5 ft. (single story)
10 ft. (two story)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line. A garage with a driveway on a street side yard shall have a setback offifteen (15) ft. (e) One single-family residential unit is permitted on a lot in the Rl District.
ARTICLE 6. R2 - ONE-FAMILY RESIDENT/Al DISTRICT
MEDIUM-LOW DENSITY
Sec. 9-2.600. Purpose.
The medium-low density R2 District is established to implement the four dwelling units per acre density standard of the General Plan.
Created: 2022-05-13 14: 23 :27 (EST]
(Supp. No. 10)
Sec. 9-2.601. Permitted Uses.
The following uses are permitted in an R2 District: Uses permitted in the Rl District.
Sec. 9-2.602. Conditional Uses.
The following uses are permitted in an R2 District with a conditional use permit: Uses permitted in an Rl District with a conditional use permit.
Sec. 9-2.603. Site and Structure Requirements.
(a) The minimum lot area in the R2 District shall be ten thousand (10,000) square feet. (b) The minimum dimensions of a lot in the R2 District is:
I Min. Width
80 ft.
I Min. Depth
100 ft.
(c) The maximum lot area covered by structures shall be four thousand five hundred (4,500) sq. ft., of which a maximum of one thousand seven hundred fifty (1,750) sq. ft. being accessory buildings. (d) Setback requirements in the R2 District are:
Front Yard Side Yard Rear Yard
25 ft. 5 ft. (single) 20 ft. (single story)
10 ft. (two story) 20 ft. (two story)
15 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 7. R3 - ONE-FAMILY RESIDENTIAL DISTRICT LOW DENSITY Sec. 9-2.700. Purpose.
The low density R3 District is established-to implement the two (2) dwelling unit per acre density standards of the General Plan.
Sec. 9-2.701. Permitted Uses.
The following uses are permitted in an R3 District: Uses permitted in the R2 District.
Sec. 9-2.702. Conditional Uses.
The following uses may be permitted in the R3 District with a conditional use permit: Uses permitted in an R2 District with a conditional use permit.
Cr eated : 202.2-05-13 14:23: 27 (EST]
(Supp. No. 10)
Sec. 9-2.703. Site and Structure Requirements.
(a) The minimum lot area in the R3 District shall be twenty thousand (20,000) sq. ft. (b) The minimum dimensions of a lot in the R3 District is:
I Min. Width
80ft.
I Min. Depth
200 ft.
(c) Coverage: The maximum lot area covered by structures shall be six thousand (6,000) square feet, of which a maximum of one thousand seven hundred fifty (1,750) square feet being accessory buildings. (d) Setback requirements in the R3 District are:
Front Yard Side Yard Rear Yard
25 ft. 5 ft. (single) 20 ft. (single story)
10 ft. (two story) 20 ft. (two story)
15 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 8. R4- ONE-FAMILY RESIDENTIAL DISTRICT ESTATE DENSITY Sec. 9-2.800. Purpose.
The estate density, R4 District, is established to implement density standards of the General Plan.
Sec. 9-2.801. Permitted Uses.
The following uses are permitted in the R4 Residential District: Uses permitted in an R3 District and keeping of animals as permitted in the RA District.
Sec. 9-2.802. Conditional Uses.
The following uses may be permitted in the R4 District with a conditional use permit: Uses permitted in an R3 District with a conditional use permit.
Sec. 9-2.803. Site and Structure Requirements.
(a) The minimum lot area in the R4 District shall be eighty thousand (80,000) sq. ft. (b) The minimum dimensions of a lot in the R4 District are:
I Min. Width
200 ft.
I Min. Depth
200 ft.
Created : 2022- 05 -13 14:23 :27 [EST)
(Supp. No. 10)
(cl Coverage: The maximum lot area covered by structures shall be eleven thousand seven hundred fifty (11,750) square feet, of which a maximum of three thousand five hundred (3,500) square feet being accessory buildings.
(d) Setback requirements in the R4 District are:
Front Yard Side Yard Rear Yard
25 ft. 25 ft. (single) 25 ft. (single story)
50 ft. (two story) 50 ft. (two story)
25 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback offifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 9. RS - ONE-FAMILY RESIDENTIAL DISTRICT ESTATE DENSITY Sec. 9-2.900. Purpose.
The estate density, RS District, is established to implement density standards of the General Plan.
Sec. 9-2.901. Permitted Uses.
The following uses are permitted in the RS District: Uses permitted in an R4 District.
Sec. 9-2.902. Conditional Uses.
The following uses may be permitted in the RS District with a conditional use permit: Uses permitted in an R4 District with a conditional use permit.
Sec. 9-2.903. Site and Structure Requirements.
(a) The minimum lot area in the RS District shall be two hundred thousand five hundred sixty (200,S60) square feet.
(bl The minimum dimensions of a lot in the RS District are:
I Min. Width
200 ft.
I Min. Depth
500 ft.
(c) The maximum lot area covered by structures shall be fifteen thousand two hundred fifty (15,250) square feet, of which a maximum of seven thousand (7,000) square feet being accessory buildings. (d) Setback requirements in the RS District are:
Front Yard Side Yard Rear Yard
25 ft. 25 ft. (single) 25 ft. (single story)
Created : 2022-0S-13 14: 23:27 ( EST]
(Supp. No. 10)
50 ft. (two story) 50 ft. (two story)
25 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 10. RM1 - MULTIPLE FAMILY RESIDENTIAL DISTRICT
HIGH DENSITY
Sec. 9-2.1000. Purpose.
The RMl District is created for multiple-family dwellings to implement density standards for areas designated High Density by the General Plan.
Sec. 9-2.1001. Permitted Uses.
The following uses are permitted in the RMl District:
(a) Uses permitted in an R4 District; and
(b) Multi-family dwellings.
Sec. 9-2.1002. Conditional Uses; Commission Approval.
The following uses may be permitted in the RMl District with a conditional use permit:
(a) Churches in excess of (15,000) square feet.
(b) Public or quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed daycare facilities for more than twelve (12) children; churches, parsonages and other religious institutions. (c) Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes for acute psychiatric, drug addiction or alcoholism cases.
(d) Public uses of a recreational or cultural type including museums, art galleries, ambulance services. (e) Electric distribution substations.
(f) Gas regulator stations.
(g) Public utility service yards, excluding municipally owned. (h) Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned. (i) Mobile home parks.
U) Planned developments.
c reated: 2022-05- 13 14: 23 :27 [EST]
(Supp. No. 10)
(k) Fraternal organizations, lodge halls, private clubs, philanthropic institutions and other related quasipublic institutions. (I) Private or public golf courses.
(m) Outdoor festivals (including those on private property and excluding City sponsored activities). (n) Commercial and noncommercial communication facilities (equipment buildings) and towers. (o) Boarding and Rooming Houses.
(p) Cemeteries and mausoleums.
(Ord. No. 03-610, 8-5-2003)
Sec. 9-2.1003. Site and Structure Requirements.
(a) The minimum lot area in the RMl District shall be four thousand three hundred fifty-six (4,356) sq. ft. (b) Each dwelling unit in a RMl District shall have at least eight hundred fifty (850) square feet of floor space. (c) The minimum dimensions of a lot in an RMl District are:
I Min. Width
60ft.
I Min. Depth
100 ft.
(d) The maximum lot area covered by structures shall be 50% of the area of the site or lot. (e) Setback requirements in the RMl District:
Front Yard Side Yard Rear Yard
15 ft. 5 ft. (single) 5 ft. (single story)
10 ft. (two story) 10 ft. (two story)
10 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it ls not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft.
ARTICLE 11. RM2 - MULTIPLE FAMILY RESIDENTIAL DISTRICT
HIGH DENSITY
Sec. 9-2.1100. Purpose.
The RM2 District is created for multiple-family dwellings to implement density standards for areas designated High Density by the General Plan. The RM2 District is intended exclusively for application to areas designated High Density by t he General Plan.
Sec. 9-2.1101. Permitted Uses.
The following uses are permitted in the RM2 District: Uses permitted in an RMl District with a conditional use permit.
Created : 2022-05- 13 14:23: 27 [EST]
(Supp. No. 10)
Sec. 9-2.1102. Conditional Uses; Commission Approval.
The following uses may be permitted in the RM2 District with a conditional use permit: Uses permitted in the RMl District with a conditional use permit.
Sec. 9-2.1103. Site and Structure Requirements.
(a) The minimum lot area in the RM2 District shall be two thousand one hundred seventy-eight (2,178) square feet.
(b) Each dwelling unit in an RM2 District shall have at least seven hundred (700) square feet of floor space per unit.
(c) The minimum dimensions of a lot in an RM2 District are:
I Min. Width
60 ft.
I Min. Depth
100 ft.
(d) The maximum lot area covered by structures shall be 50% of the area of the site or lot. (e) Setback requirements in the RM2 District:
Front Yard Side Yard Rear Yard
15 ft. 5 ft. (single) 5 ft. (single story)
10 ft. (two story) 10 ft. (two story)
10 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft.
ARTICLE 12. G - GOVERNMENT {PUBLIC FACILITIES) DISTRICTS Sec. 9-2.1200. Purpose.
This government (public facilities) district as designated in the General Plan is intended to provide land designated for the location or governmental and quasi-governmental facilities and services which are necessary to the general welfare of the community.
Sec. 9-2.1201. Established.
The government (public facilities) zoning district (G) is hereby established.
Sec. 9-2.1202. Permitted Uses.
The following are permitted uses in the G District: Administrative, public service, buildings and structures owned by public agencies or utilities regulated by the Public Utilities Commission.
Cr eated: 2022-05-13 14 : 23:27 [EST)
(Supp. No. 10)
Sec. 9-2.1203. Development Review.
The proponent of a public project in the G District shall submit a report to the Planning Director. The Commission shall review the report for consistency with the General Plan. Proposed uses shall be reviewed for compliance with applicable City codes, standards and regulations.
ARTICLE 13. CMC - COMMUNITY MEDICAL CENTER DISTRICT
Sec. 9-2.1300. Purpose.
The CMC District provides for the location of medical facilities and medical offices in close relationship to one another in areas designated for community medical center use by the General Plan.
Sec. 9-2.1301. Permitted Uses.
The following uses are permitted in the CMC District:
(al Ambulance Facilities.
(b) Convalescent Hospitals.
(cl Medical Clinics.
{dl Medical Facility Planned Development.
(el Medical Research Facilities.
(fl Rehabilitation Hospitals.
(gl Residential Care Facilities.
(hl Rest Homes.
(il Surgery Centers.
(j) Acute Care Hospitals.
(kl Chemical Dependency Treatment Facilities.
( ll Psychiatric Hospitals.
Sec. 9-2.1302. Site and Structure Requirements.
The following site and structure standards apply in the CMC District:
(a) The minimum lot area in the CMC District is one (1) acre. (bl The maximum building area in the CMC District is 30% of the lot area. (c) Setback for the front yard shall be twenty (20l ft. No rear yard or side yards shall be required unless the lot abuts a residential district in which event: the minimum rear yard and minimum side yards shall be twenty (20l ft.
ARTICLE 14. COMMERCIAL DISTRICTS - GENERAL REQUIREMENTS Creat ed : 2022-05-13 14: 23:28 [EST)
(Supp. No. 10)
Sec. 9-2.1400. Purpose.
Commercial districts are designed to provide for retail stores, offices, service establishments and wholesale businesses for the convenience of the public.
Sec. 9-2.1401. Commercial District.
The following districts are designated for commercial purposes in accordance with the General Plan:
Cl Neighborhood Commercial
C2 Community Commercial
C3 Commercial/Office
C4 Service Commercial
cs Regional Commercial
Sec. 9-2.1402. General Provisions and Exceptions.
The following applies to all commercial districts:
(a) Prior to issuance of a building permit, proposed commercial uses shall be reviewed by the Planning Director for compliance with applicable standards and regulations of this chapter. (b) Businesses, services and processes shall be conducted within enclosed structures, except for off-street parking, off-street loading areas, and patio dining for restaurants and businesses which by their nature must be conducted outside a structure.
(c) No use shall emit noxious odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosive. ( Ord. No. 12-711, § 2, 8-8-2012)
ARTICLE 15. Cl - NEIGHBORHOOD COMMERCIAL DISTRICT
Sec. 9-2.1500. Purpose and Application.
The Neighborhood Commercial District as designated in the General Plan is intended for commercial retail services serving a neighborhood area.
Sec. 9-2.1501. Permitted Uses.
The following uses are permitted in the Cl District (building size under two thousand five hundred (2, 500) sq. ft.):
(a) Retail businesses:
Apparel stores
Bakeries
Candy, nut and confectionery
(Supp. No. 10)
Created: 2022-05-13 14:23:28 [EST]
Cleaning and laundry agencies, including the use of one (1) synthetic dry cleaning machine using nonflammable and non-explosive solvents
Clinics/medical offices
Convenience markets
Gunsmith shops
Floral shops
Food stores
Liquor
Meat markets, not including food lockers
Musical instrument sales and repair shops
Office machines sales and service
Offices
Pharmacy
Picture framing
Res tau rants/catering
Retail stores
Shoe sales, service and repairs
Sporting goods shops
Stationery stores
Tailoring/pressing/altering clothing
Video machine and tape sales/rental
(b) Banks and financial institutions.
(Ord.No. 12-711, § 2, 8-8-2012)
Sec. 9-2.1502. Conditional Uses All Commercial Districts. (a) Any non-categorized commercial businesses not listed in any area can be considered through the conditional use process.
(b) The following uses may be permitted in commercial districts unless otherwise specified with a conditional use permit:
Ambulance service
Amusement parks
Automotive service and repair (conditional in Cl, C2, C3, and CS) Automotive storage yards
Bars not located within three hundred (300) ft. of any residential or public uses (conditional in Cl and C4) Bowling alleys
Created : 2022-0S-13 14: 23: 28 (EST]
(Supp. No. 10)
Churches (minimum lot size fifteen thousand (15,000) sq. ft. and conditional in Cl, C2, C3) Commercial recreational
Dance halls
Dance studio (conditional in Cl, C-3)
Diaper supply service
Exterminators
Fire stations
Gas regulator stations (conditional in Cl, C2, C3)
Gasoline service stations, including dispensing of diesel fuel and complete truck service (conditional in Cl, C2, C3)
Gymnasiums (conditional in Cl, C2, C3)
Kennels
Laboratories
Licensed day care facilities
Markets including convenience (conditional in C4)
Mini-storages
Offices (conditional in C4)
Police stations
Pool halls
Private clubs/lodges (conditional in Cl, C2, C3)
Private recreational facilities
Recycling and collection facilities (conditional in C4) Residential use as an accessory use
Restaurants/eating places including serving beer and wine, patio dining, drive-in and drive through (conditional in C4)
Skating rinks, including ice, roller, skateboard (conditional in Cl, C2, C3) Small animal hospitals
Stadiums
Taxidermist
Theaters and auditoriums (conditional in Cl, C2, C3)
Tire sales and service (conditional in Cl, C2, C3, CS)
Utility pumping stations
(Ord.No. 12-711, § 4, 8-8-2012; Ord. No. 15-738, § 2.D, 10-27-2015; Ord. No. 16-739, § 1, 2-9-2016) ARTICLE 16. Cl - COMMUNITY COMMERCIAL DISTRICT
Created: 2022-05-13 14:23: 28 [EST)
(Supp. No. 10)
Sec. 9-2.1601. Permitted Uses.
The following uses are permitted in the C2 District (building size up to four thousand (4,000) sq. ft.):
(a) Uses permitted in the Cl District.
(bl Retail businesses.
(cl The following commercial uses:
Appliance sales and service
Art/Antique shops
Barber shop
Bars not located within three hundred (300) ft. of any residential or public uses Beauty shop
Bicycle shops
Broadcasting studios
Business, professional and trade schools and colleges, including public utility training schools Dance studio
Garden suppliers
Laundromats to include coin operated and self-service
Medical supply store
Music/sound studio
Parking facilities
Radio/TV sales and repairs
Tool and cutlery sharpening
Watch and clock sales and repair
(dl Conditional uses are permitted in accordance with Section 9-2.1502(bl. (Ord.No. 12-711, § 5, 8-8-2012; Ord. No. 15-738, § 2.A, 10-27-2015l ARTICLE 17. C3 - COMMERCIAL/OFFICE DISTRICT
Sec. 9-2.1700. Purpose.
The Commercial/Office District as designated in the General Plan is intended to provide for the development of professional and administrative office space with commercial retail. This district may also be established as a transitional zone between residential and commercial uses. (Ord. No. 12-711, § 7, 8-8-2012l
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Sec. 9-2.1701. Permitted Uses.
The following uses are permitted in the C3 district (building size up to four thousand (4,000) sq. ft.):
(a) Uses permitted in Cl and C2.
(b) The following retail commercial uses:
Automotive sales and rentals
Book binding
Equipment sales and rentals
Farm feed and equipment sales
Trailer sales and rentals
(c) Conditional uses are permitted in accordance with Section 9-2.1502(b). (Ord.No. 12-711, § 8, 8-8-2012)
ARTICLE 18. C4 - SERVICE COMMERCIAL DISTRICT
Sec. 9-2.1800. Purpose.
The Service Commercial District as designated in the General Plan is intended for medium and high intensity commercial uses which provide commercial services, repair businesses, storage, wholesale and retail activities.
Sec. 9-2.1801. Permitted Uses.
The following uses are permitted in the C4 District:
(a) Uses Permitted in Cl (Neighborhood Commercial District) (b) Uses Permitted in C2 (Community Commercial District) (c) Uses Permitted in C3 (Commercial/Office District)
(d) The following service commercial uses:
Automobile repairing, overhauling, rebuilding, painting Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning Blueprint and photostat shops
Cabinet shops
Carpenter shops
Carpet and rug cleaning and dyeing
Churches in excess of fifteen thousand (15,000) sq. ft. minimum lot size Dance studio
Dry cleaning
Gasoline service stations, including dispensing of diesel fuel and complete truck service Creat ed: 2022-05- 13 14 : 23: 28 [ EST]
(Supp. No. 10)
Glass shops
Gymnasiums
Linen supply
Locksmiths
Motorcycle sales and service
Photographic developing and printing
Plumbing shops
Private clubs/lodges
Refrigeration equipment sales and service
Safe and vault repairing
Sign painting
Stone and monument yards including stone mills
The installation of pump and underground storage tank having a capacity of three thousand gallons, when used for private companies listed as Class I under federal requirements for gasoline allotments (i.e., food suppliers, medical suppliers, etc.); also installation of underground storage tanks for auxiliary emergency facilities such as convalescent hospitals, hospitals, nursing homes, etc.
Tire sales and repair
Theaters
Upholstering shops
Utility pumping station
Vending machines
(e) Conditional uses are permitted in accordance with Section 9-2.1502(b) along with the following:
(1) Vehicular parking facility.
(Ord.No. 12-711, § 10, 8-8-2012; Ord. No. 15-733, § 2, 9-8-2015; Ord. No. 15-738, § 2.B, 10-27-2015; Ord. No. 18-760, § 2, 1-9-2018)
ARTICLE 19. CS - REGIONAL COMMERCIAL DISTRICT
Sec. 9-2.1900. Purpose.
The Regional Commercial District as designated in the General Plan is intended for the exclusive establishment of commercial uses serving the region and traveling public and emergency shelters. ( Ord. No. 15-737 , § 2.C, 10-13-2015)
Sec. 9-2.1901. Permitted Uses.
The following are permitted in the CS District:
(a) Uses permitted in the Cl, C2 and C3 District only in large shopping centers:
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Churches in excess of fifteen thousand {15,000) sq. ft. minimum lot size Dance studio
Emergency shelters
Gasoline service stations
Gymnasiums
Hotels and motels
Motorcycles sales/repairs
Private clubs/lodges
Regional shopping
Regional shopping centers and malls
Theaters
(b) Conditional uses are permitted in accordance with Section 9-2.1502(b). (Ord.No. 12-711, § 12, 8-8-2012; Ord. No. 15-737, § 2.D, 10-13-2015; Ord. No. 15-738, § 2.C, 10-27-2015; Ord.
No. 18-760, § 2, 1-9-2018)
Sec. 9-2.1902. Reserved.
Sec. 9-2.1903. Development Standards-Emergency Shelters.
Development standards:
(1) The maximum length of stay shall not exceed one hundred twenty (120) days in a three hundred sixtyfive-day period. (2) Each shelter may have a maximum of thirty (30) beds. (3) Off-site parking shall be provided at a parking rate of one parking space for three beds as per the California City Municipal Code Section 9-2.208 Schedule of Off-Street Parking Space Requirements for item (b)(3) charitable and religious institutions providing sleeping accommodations and parking shall be ADA compliant.
(4) Stays at the emergency shelter facility shall be limited between the hours of 5:00 p.m. and 8:00 a.m. (5) Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.
(6) Each emergency shelter shall provide an interior and exterior waiting area adequate to accommodate waiting clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated and visually screened from the public right-of-way. (7) The emergency shelter facility shall provide an on-site resident manager on-site at all times. (8) A minimum distance of three hundred (300) feet shall be maintained from another emergency shelter.
The distance of separation shall be measured in a straight tine between the property lines of each use without regard to intervening structures or objects.
Created: 2022-05-13 14:23:28 [ EST]
(Supp. No. 10)
(9) The shelter operator shall provide minimum exterior lighting. In addition, the operator shall regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that homeless persons who have been denied access are not congregating in the neighborhood. (10) Alcohol and narcotics use and consumption are prohibited within the facility and on the property. (11) An operations plan shall be submitted for review and approval by the development services director and police chief prior to operation of the emergency shelter. The plan shall include minimum provisions related to on-site security and safety, staff training, loitering control, client eligibility, counseling services, and indoor and outdoor management of the facility. (Ord. No. 15-737, § 2.E, 10-13-2015)
ARTICLE 20. INDUSTRIAL DISTRICTS-GENERAL REQUIREMENTS
Sec. 9-2.2000. Scope.
This Article contains requirements common to all industrial districts. (Ord.No. 12-714, § 2, 11-20-2012)
Sec. 9-2.2001. Purpose.
The Industrial Districts are designed to achieve the following purposes:
(a) To reserve appropriately located land for various types of industrial uses as designated in the General Plan.
(b) To protect areas appropriate for industrial use from intrusion by residences and inharmonious uses. (c) To protect properties from noise, odor, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation and other hazardous and objectionable influences incidental to certain industrial uses. (d) To provide opportunities for certain types of industrial lands to concentrate in mutually beneficial relationships to each other.
(e) To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas.
(Ord.No. 12-714, § 2, 11-20-2012)
Sec. 9-2.2002. Industrial Districts.
The following districts are established for industrial purposes:
Ml Light Industrial
M2 Heavy Industrial
(Ord.No. 12-714 , § 2, 11-20-2012)
Sec. 9-2.2003. General Conditions.
The following applies to industrial districts:
(Supp. No. 10)
Cr eated: 2022-05 -13 14:23:28 (EST]
(a) The City Engineer, planning and building officials shall verify compliance of proposed uses with applicable city codes, standards and regulations prior to issuing any permit. (b) Open and unlandscaped portions of lots shall be maintained in good condition free from weeds, dust, trash and debris.
(Ord.No. 12-714, § 2, 11-20-2012)
ARTICLE 21. Ml - LIGHT INDUSTRIAL DISTRICT
Sec. 9-2.2100. Purpose.
The M-1, light industrial, district is intended for urban areas designated for light industrial use in the General Plan.
(Ord.No. 12-714, § 3, 11-20-2012; Ord. No. 16-742 , § 2.A, 9-13-2016) Sec. 9-2.2101. Permitted Uses.
The following uses are permitted in the Ml zone:
(a) Uses permitted in commercial districts.
(b) light manufacturing, assembly, maintenance, or repair, including:
Apparel
Audio arts
Electrical equipment including, but not limited to, radio and television receivers, phonographs, and home motion picture equipment
Electrical supplies including, but not limited to, coils, condensers, switches, and wire cable assembly, provided no noxious or offensive fumes or odors are produced Small electric appliances, not including refrigerators, washing machines, dryers, dishwashers, and similar home appliances
Books
Breweries, distilleries, and wineries
Carpet and rug
Correctional facility appurtenances [furnishings]
Glass products
Feed and grain products
Kennels
Sheet metal products including, but not limited to, electric and neon signs, billboards, and commercial advertising structures
Ceramic products including, but not limited to, pottery, figurines and small glazed tile Machining; die and pattern making; metal stamping; and extrusion of small products Created : 2022-05- 13 14:23 :28 [EST]
(Supp. No. 10)
Page SO of 105
Measuring, analyzing and controlling instruments; photographic, medical, and optical goods; watches and clocks, et al. [Standard Industrial Code ("SIC") 380] Miscellaneous Manufacturing, Industries, et al. [SIC 390] Modular structures
Tobacco Stemming and Re-drying [SIC 214]
Wood products
(c) Sales, services, and repair, including, but not limited to:
Automobile, truck, boat, aircraft or trailer
Radio and television broadcasting studios
Telecommunication centers
Visual arts
Film studio (motion picture production sound stages and back lot sets) (d) Cargo containers incidental to the main use of the lot. ( Ord. No. 12-714, § 3, 11-20-2012; Ord. No. 16-741 , § 2, 9-13-2016) Sec. 9-2.2102. Conditional Uses.
The following additional uses may be permitted in the Ml district with a conditional use permit if the Planning Commission finds special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristics normally attendant to operations of the use; and the use reasonably can be expected to conform with the required conditions prescribed for the Ml zone:
(a) Uses conditional in the commercial districts.
(b) Airports and heliports.
(c) Contractors storage yard/storage facility.
(d) Residential uses, provided:
(1) At least seven hundred (700) square feet shall be devoted exclusively to habitation; (2) No more than 33% of the total structure shall be devoted to habitation; (3) A one-hour fire wall, as determined by the Uniform Building Code, shall separate portions of the structure devoted to residential use from other uses; and (4) The permit shall terminate each time the residential use ceases. (e) The following uses described in SIC U.S. Major Group for Manufacturing follows:
(1) 200 Food and Kindred Products, et al.
(2) 210 Tobacco Products, et al. [w/exception 214 moved to permitted use in Ml]. (3) 220 Textile Mill Products, et al.
(4) 230 Apparel and Other Finished Products Made From Fabrics and Similar Materials, et al. (5) 240 Lumber and Wood Products, Except Furniture, et al. (6) 350 Furniture and Fixtures, et al.
Created: 2022-05 -13 14:23:28 [EST]
(Supp. No. 10)
(7) 260 Paper and Allied Products, et al.
{8) 270 Printing, Publishing, and Allied Industries, et al. (9) 280 Chemicals and Allied Products, et al.
{10) 290 Petroleum Refining and Related Industries, et al. (11) 300 Rubber and Miscellaneous Plastics Products, et al. (12) 310 Leather and Leather Products, et al.
(13) 320 Stone, Clay, Glass, and Concrete Products, et al. (14) 330 Primary Metal Industries, et al [excludes SIC 333 & 334 moved to M2 w/conditional use]. (15) 340 Fabricated Metal Products, Except Machinery and Transportation Equipment, et al. {16) 350 Industrial and Commercial Machinery and Computer Equipment, et al. (17) 360 Electronic and Other Electrical Equipment and Components, Except Computer Equipment, et al.
(18) 370 Transportation Equipment, et al.
(f) Research and development.
(g) Power generation, commercial
(Ord.No. 12-711 , § 14, 8-8-2012; Ord. No. 12-714, § 3, 11-20-2012; Ord. No. 15-732, § 2, 9-8-2015) Sec. 9-2.2103. Site and Structure Requirements (Ml).
(a) There is no minimum lot area in the Ml District.
(b) There are no minimum setback requirements in the Ml District. (c) All lots within 200 feet of a residential property shall have an approved eight-foot block sound wall on those sides directly or indirectly facing residential uses.
(d) The total size of any structure is not limited so long as the developer complies with all requirements of the zone.
(e) Electrical requirements will be dictated by the size and nature of the development. Electrical use and installation must be safe and meet all state and local safety and building standards. Solar is a permissible means to meet the needs of electrical generation.
(f) Vehicles accessing the site shall not exceed the current load bearing standards for those roads used to access the site.
(Ord.No. 12-711, § 15, 8-8-2012; Ord. No. 12-714, § 3, 11-20-2012; Ord. No. 16-742, § 2.B., 9-13-2016; Ord. No. 18-759 , § 2, 1-9-2018)
ARTICLE 22. M2 - HEAVY INDUSTRIAL DISTRICT
Sec. 9-2.2200. Purpose.
The M2, Heavy Industrial District is intended for urban areas designated for heavy industrial use in the General Plan.
Created: 2022-05- 13 14 : 23 :28 [EST]
(Supp. No. 10)
(Ord.No. 12-714, § 4, 11-20-2012)
Sec. 9-2.2201. Permitted Uses.
The following uses are permitted in the M2 District:
(a) Uses permitted in the Ml District.
(b} If the entirety of the lot is at least one hundred fifty-five (155) from any portion of any family residential zone, then heavy manufacturing, assembly, and repair uses are allowed, including:
1. Apparel and other finished products made from fabrics and similar materials, et al. [SIC 230]
2. Automobile
3. Electronic and other electrical equipment and components, except computer equipment, et al. [SIC 360]
4. Energy [alternative] generation and related manufacturing and servicing
5. Fabricated metal products, except machinery and transportation equipment, et al. [SIC 340]
6. Food and kindred products, et al. [SIC 200 w/exception of 207 moved to M2 conditional use]
7. Furniture and fixtures, et al. [SIC 250]
8. Industrial and commercial machinery and computer equipment, et al. [SIC 350]
9. leather and leather products, et al. [SIC 310]
10. lumber and wood products, except furniture, et al. (SIC 240]
11. Machine tools
12. Machinery
13. Plastics
14. Primary metal industries, et al. [SIC 330 w/exception of 333 & 334 moved to M2 conditional use]
15. Printing, publishing, and allied industries, et al. [SIC 270]
16. Solar energy and windmill components [SIC 368]
17. Stone, clay, glass, and concrete products, et al. [SIC 320]
18. Textile mill products, et al. [SIC 220]
19. Tobacco products, et al. [SIC 210 w/exception of 214 moved to Ml permitted uses]
20. Transportation equipment, et al. [SIC 370]
(c} If the entirety of the lot is at least one hundred fifty-five {155) feet from any portion of any family residential zone, then industrial type sales and service uses are allowed, including:
1. leather and fur finishing and dyeing
2. Meat processing and packaging, not including slaughtering and glue and size manufacture
3. Sandblasting
4. Solid waste recycling
5. Steam electric generating stations
created : 2022-05- 13 14: 23: 29 [EST]
(Supp. No. 10)
6. Storage, sorting, collecting and baling of iron, junk, paper, rags or scrap. (Ord. No. 12-714, § 4, 11-20-2012; Ord. No. 18-759, § 3, 1-9-2018) Sec. 9-2.2202. Conditional Uses.
The following uses are permitted in the M2 zone with a conditional use permit but only if the entirety of the lot is at least one hundred fifty-five (155) feet from any portion of any family residential zone:
1. Uses conditional in the Ml District
2. Asphalt and asphalt products manufacture
3. Automobile wrecking yards
4. Chemical and allied products, et al. [SIC 280]
5. Drop forges
6. Fats and oils [SIC 207]
7. Fish products processing and packaging
8. Gas and oil wells
9. Gas manufacture or storage
10. Gelatin, glue and size manufacture from animal or fish refuse
11. Incidental and accessory structures and uses located on the same site as a conditional use
12. Incineration or reduction of garbage, offal and dead animals
13. Linoleum and oil cloth manufacture
14. Magnesium foundries
15. Manure, peat and topsoil processing and storage
16. Motion picture production sound stages and backlot sets
17. Paper and allied products, et al. [SIC 260)
18. Petroleum refining and related industries, et al. [SIC 290)
19. Primary smelting and refining of nonferrous metals [SIC 333]
20. Quarries, mines and mills
21. Rifle and pistol ranges
22. Rolling mills
23. Rubber and miscellaneous plastics products, et al. [SIC 300 to include 303 retreading and recapping of tires and 304 rubber manufacture and recycling]
24. Secondary smelting and refining of nonferrous metals [SIC 334]
25. Sexually oriented businesses
26. Slag piles
27. Soap manufacture, including fat rendering
28. Solid waste transfer
Created : 2022- 05-13 14: 23:29 [EST]
(Supp. No. 10)
29. Steam or other electrical generating plants
30. Stockyards, stock feeding yards and slaughterhouses
31. Storage of inflammable liquids
32. Storage of used building materials
33. Tallow manufacture
34. Wood and bones distillation
35. Wood pulp and fiber reduction and processing
36. Wrecking yards
(Ord.No. 12-714, § 4, 11-20-2012; Ord. No. 18-759, § 4, 1-9-2018) Sec. 9-2.2203. Site and
Structure requirements (m2).
(a) The minimum lot size in an M2 District is one-half acre or twenty-one thousand seven hundred eighty (21,780) square feet.
(b) There are no minimum setback requirements in the M2 District. (c) Where a lot in a Heavy Industrial (M2) district adjoins or is located across a street or alley from a residential district, said lot must be fenced with an approved sound wall on all residential side(s). ( Ord. No. 12-714, § 4, 11-20-2012; Ord. No. 18-759 , § 5, 1-9-2018)
MANUFACTURING
STANDARD INDUSTRIAL CODE ("SIC")
Uses described in the Standard Industrial Code ("SIC") U. S. Major Group for Manufacturing are more fully described below. The"*" indicates some numbers have been skipped because there is no entry for them.
SIC U.S. Major Group/Industry Group
200 Food and Kindred Products, et al.
201 Meat Products
202 Dairy Products
203 Canned, Frozen, and Preserved Fruits, Vegetables and Food Specialties 204 Grain Mill Products
205 Bakery Products
206 Sugar and Confectionery Products
207 Fats and Oils [conditional use in M2]
208 Beverages
209 Miscellaneous Food Preparations and Kindred Products 210 Tobacco Products, et al.
211 Cigarettes
212 Cigars
213 Chewing and Smoking Tobacco and Snuff
214 Tobacco Stemming and Re-drying [permitted use in Ml] 220 Textile Mill Products, et al.
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(Supp. No. 10)
221 Broad Woven Fabric Mills, Cotton
222 Broad Woven Fabric Mills, Manmade Fiber and Silk
223 Broad Woven Fabric Mills, Wool (Including Dyeing and Finishing) 224 Narrow Fabric and Other Small Wares Mills: Cotton, Wool, Silk, and Manmade Fiber 225 Knitting Mills
226 Dyeing and Finishing Textiles, Except Wool Fabrics and Knit Goods 227 Carpets and Rugs
228 Yarn and Thread Mills
229 Miscellaneous Textile Goods
230 Apparel and Other Finished Products Made From Fabrics and Similar Materials, et al. 231 Men's and Boys' Suits, Coats, and Overcoats
232 Men's and Boys' Furnishings, Work Clothing, and Allied Garments 233 Women's, Misses', and Juniors' Outerwear
234 Women's, Misses', Children's and Infants' Undergarments 235 Hats, Caps, and Military
236 Girl's, Children's and Infants' Outerwear
237 Fur Goods
238 Miscellaneous Apparel and Accessories
239 Miscellaneous Fabricated Textile Products
240 Lumber and Wood Products, Except Furniture, et al.
* numbers skip with no entry
241 Logging
242 Sawmills and Planing Mills
243 Millwork, Veneer, Plywood, and Structural Wood Members 244 Wood Containers
245 Wood Buildings and Mobile Homes
*
*
*
249 Miscellaneous Wood Products
250 Furniture and Fixtures, et al.
* numbers skip with no entry
251 Household Furniture
252 Office Furniture
253 Public Building and Related Furniture
254 Partitions, Shelving, Lockers, and Office and Store Fixtures *
*
*
*
259 Miscellaneous Furniture and Fixtures
260 Paper and Allied Products, et al.
* numbers skip with no entry
261 Pulp Mills
262 Paper Mills
263 Paperboard Mills
*
Created : 2022-05- 13 14 : 23 : 29 (EST]
(Supp. No. 10)
Page S6 of 105
265 Paperboard Containers and Boxes
*
267 Converted Paper and Paperboard Products, Except Containers and Boxes 270 Printing, Publishing, and Allied Industries, et al. 271 Newspaper: Publishing, or Publishing and printing
272 Periodicals: Publishing, or Publishing and Printing 273 Books
274 Miscellaneous Publishing
275 Commercial Printing
276 Manifold Business Forms
277 Greeting Cards
278 Blank Books, Loose-leaf Binders, and Bookbinding and Related Work 279 Service Industries for the Printing Trade
280 Chemicals and Allied Products, et al.
* numbers skip with no entry
281 Industrial Inorganic Chemicals
282 Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers, Except Glass
283 Drugs
284 Soap, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations
285 Paints, Varnishes, Lacquers, Enamels, and Allied Products 286 Industrial Organic Chemicals
287 Agricultural Chemicals
*
289 Miscellaneous Chemical Products
290 Petroleum Refining and Related Industries, et al.
* numbers skip with no entry
291 Petroleum Refining
*
*
*
295 Asphalt Paving and Roofing Materials
*
*
*
299 Miscellaneous Products of Petroleum and Coal
300 Rubber and Miscellaneous Plastics Products, et al.
* numbers skip with no entry
301 Tires and Inner Tubes
302 Rubber and Plastic Footwear
303 Retread and recapping of tires
304 Rubber manufacture and recycling
305 Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting 306 Fabricated Rubber Products, Not Elsewhere Classified *
308 Miscellaneous Plastics Products
Cr eat ed: 2022-05-13 14:23:29 [ EST]
(Supp. No. 10)
*
310 Leather and Leather Products, et al.
* numbers skip with no entry
311 Leather Tanning and Finishing
*
313 Boot and Shoe Cut Stock and Findings
314 Footwear, Except Rubber
315 Leather Gloves and Mittens
316 Luggage
317 Handbags and Other Personal Leather Goods
*
319 Leather Goods, Not Elsewhere Classified
320 Stone, Clay, Glass, and Concrete Products, et al.
321 Flat Glass
322 Glass and Glassware, Pressed or Blown
323 Glass Products, Made of Purchased Glass
324 Cement, Hydraulic
325 Structural Clay Products
326 Pottery and Related Products
327 Concrete, Gypsum, and Plaster Products
328 Cut Stone and Stone Products
329 Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products 330 Primary Metal Industries, et al.
* numbers skip with no entry
331 Steel Works, Blast Furnaces, and Rolling and Finishing Mills 332 Iron and Steel Foundries
333 Primary Smelting and Refining of Nonferrous Metals [conditional use in M2) 334 Secondary Smelting and Refining of Nonferrous Metals [conditional use in M2) 335 Rolling, Drawing, and Extruding of Nonferrous Metals 336 Nonferrous Foundries {Castings)
*
*
*
339 Miscellaneous Primary Metal Products
340 Fabricated Metal Products, Except Machinery and Transportation Equipment, et al. 341 Metal Cans and Shipping Containers
342 Cutlery, Hand Tools, and General Hardware
343 Heating Equipment, Except Electric and Warm Air; and Plumbing Fixtures 344 Fabricated Structural Metal Products
345 Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washers 346 Metal Forgings and Stampings
347 Coating, Engraving, and Allied Services
348 Ordnance and Accessories, Except Vehicles and Guided Missiles 349 Miscellaneous Fabricated Metal Products
350 Industrial and Commercial machinery and Computer Equipment, et al. 351 Engines and Turbines
352 Farm and Garden Machinery and Equipment
Creat ed : 2022-05-13 14:23:29 [ EST)
(Supp. No. 10)
353 Construction, Mining, and Materials Handling Machinery and Equipment 354 Metalworking Machinery and Equipment
355 Special Industry Machinery, Except Metalworking Machinery 356 General Industrial Machinery and Equipment
357 Computer and Office Equipment
358 Refrigeration and Service Industry Machinery
359 Miscellaneous Industrial and Commercial Machinery and Equipment 360 Electronic and Other Electrical Equipment and Components, Except Computer Equipment, et al. * numbers skip with no entry
361 Electric Transmission and Distribution Equipment
362 Electrical Industrial Apparatus
363 Household Appliances
364 Electric Lighting and Wiring Equipment
365 Household Audio and Video Equipment, and Audio Recordings 366 Communications Equipment
367 Electronic Components and Accessories
368 Solar energy and windmill components
369 Miscellaneous Electrical Machinery, Equipment and Supplies 370 Transportation Equipment, et al.
* numbers skip with no entry
371 Motor Vehicles and Motor Vehicle Equipment
372 Aircraft Parts
373 Ship and Boat Building and Repairing
374 Railroad Equipment
375 Motorcycles, Bicycles, and Parts
376 Guided Missiles and Space Vehicles and Parts
*
*
*
379 Miscellaneous Transportation Equipment
380 Measuring, Analyzing and Controlling Instruments; Photographic, Medical, and Optical Goods; Watches and Clocks, et al [moved to permitted uses in Ml] * numbers skip with no entry
381 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical Systems, Instruments, and Equipment
382 Laboratory Apparatus and Analytical, Optical, Measuring, and Controlling Instruments *
384 Surgical, Medical, and Dental Instruments and Supplies 385 Ophthalmic Goods
386 Photographic Equipment and Supplies
387 Watches, Clocks, Clockwork Operated Devices and Parts 390 Miscellaneous Manufacturing Industries, et al [moved to permitted uses in Ml] * numbers skip with no entry
391 Jewelry, Silverware, and Plated Ware
3911 Jewelry, Precious Metal
*
393 Musical Instruments
Created: 2022-05-13 14: 23:29 [ EST)
(Supp. No. 10)
394 Dolls, Toys, Games and Sporting and Athletic Goods
*
3942 Stuffed Toys
395 Pens, Pencils, and Other Artists' Materials
396 Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal
*
*
399 Miscellaneous Manufacturing Industries Brooms and Brushes, Caskets, Other Miscellaneous Manufacturing Industries
(Ord.No. 12-714, § 5, 11-20-2012)
ARTICLE 23. 0 - OPEN SPACE DISTRICT
Sec. 9-2.2300. Purpose.
This open space district provides for the preservation and conservation of unique natural resource lands, protection and preservation of unique wildlife resources and habitats, protection against flooding by storm water in flood prone areas and the establishment of active and passive recreational uses.
Sec. 9-2.2301. Established.
The open space zoning district (0) is hereby established.
Sec. 9-2.2302. Permitted Uses.
The following uses in the O District shall be reviewed and approved by the Planning Director, and the planning and building officials to ensure compliance with applicable city codes, standards and regulations prior to development:
Agricultural uses (no dwellings)
Flood Channels
Land conservation preserves
Ponds and basins
Wildlife preserves
Sec. 9-2.2303. Conditional Uses.
The following may be permitted in the O District with a conditional use permit:
Caretaker's dwelling(s) and necessary accessory buildings Historic and cultural sites
Cemetery and appurtenant uses
(Supp. No. 10)
Created : 2022-05- 13 14: 23:29 [EST)
Sec. 9-2.2400. Purpose.
- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 2. - ZONING
ARTICLE 24. OVERLAY ZONES
ARTICLE 24. OVERLAY ZONES
This Article describes uses which may be permitted in addition to the uses permitted in the residential and commercial districts.
Sec. 9-2.2401. General.
An overlay permit may be granted under this Article for the uses enumerated in this Article. The permit shall be applicable to an entire tract or group of related lots. The other requirements of this Chapter shall continue to apply after the permit is issued subject only to the changes authorized by this Article.
Sec. 9-2.2402. Procedures.
(a) Applications for the approval of an overlay for a development shall be submitted to the Planning Director.
The application shall include a proposed site plan and proposed statement of objectives for the development. The Planning Director shall prepare a report concerning the application for presentation to the Planning Commission along with recommendations for conditions to ensure compliance with these provisions.
(b) The Planning Commission shall review the report and recommendations of the Planning Director at a duly noticed public hearing called and conducted in accordance with the procedures specified for the consideration of zone amendments.
(c) The decision of the Planning Commission may be appealed to the Council by an interested party. The Council shall consider the appeal at a duly noticed public hearing called and conducted in accordance with the procedures specified for the consideration of zone amendments.
Sec. 9-2.2403. Airport Related Uses.
(a) An overlay permit may be issued for property within a commercial district to be used for airport related purposes as follows:
(1) Any use permitted in a commercial zone.
(2) Any use permitted in an open space zone.
(3) Any use permitted in a residential-agricultural zone. (b) The Commission must find such use is compatible with airport operations. The Commission shall restrict the height of buildings, structures, appurtenances, plants and trees to not more than thirty-five (35) ft. above ground level to prevent a hazard to the safe landing or taking off of aircraft subject to FAA Form 1764 approval. In discharging this duty, the Commission shall function as the Airport Zoning Commission of the City. Height limits shall be as recommended by the appropriate Federal Aviation regulations. Permits issued for buildings with the area designated by the Commission for height restriction under this section shall set forth the authorized height limit.
California City, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05- 13 14:23:29 [EST]
Sec. 9-2.2404. Manufactured Home Development.
(a) An overlay permit may be issued for property within a residential district for a manufactured home development. As used herein, "manufactured home development" means the use and occupancy of more than one manufactured home as a part of a single development plan, including a manufactured home subdivision and manufactured homes located on a single lot or parcel as with a manufactured home park. (b) The permit shall include the following conditions:
(1) Manufactured homes shall be used for single family residential uses. (2) The site shall have a minimum area of at least twenty (20) contiguous acres. (3) Provision shall be made for continued and proper operation of community recreational facilities for the use of individual lot owners within the development.
(4) A concrete slab or other standard metal or wood deck patio containing at least two hundred (200) sq. ft. shall be installed adjacent to each manufactured home within one hundred twenty (120) days after installation of the manufactured home or prior to occupancy, whichever occurs first. (5) Each manufactured home shall contain not less than twelve hundred {1,200) sq. ft. of living space and shall have a minimum width of twelve (12) ft. as shown on the Department of Housing and Community Development (HCD) registration for the manufactured home. (6) The ground floor of each manufactured home shall not be less than six (6) in. nor more than twelve (12) in. above finished grade without variance. Ground floor shall also be at or above the base flood elevation.
(7) The driveway to off-street parking shall be surfaced with asphaltic concrete or concrete. (8) Spaces shall have a minimum width of forty-five (45) ft., a minimum depth of eighty (80) ft. and a minimum area of three thousand six hundred (3,600) sq. ft. (9) Area of housing and related structure shall not exceed 60% of total space area. (10) Front, side and rear yards shall comply with Title 25. (11) Minimum separation shall not be less than that stated in Title 25. (12) Streets shall meet the following standards:
(i) Private streets shall be paved with a minimum of three-inch asphalt concrete paving over six (6) in. of aggregate base to a minimum width of thirty (30) ft. (ii) Parking along each side of access streets shall require a minimum street width of thirty-six (36) ft. (iii) Outside streets shall be constructed in accordance with standards for city streets. (13) A minimum of one (1) tree shall be provided on each space within thirty (30) days of each occupancy. (14) A six-foot high masonry wall shall enclose the Development. (15) Manufactured home developments shall be connected to the community wastewater system. (16) Manufactured home developments shall be connected to the community water system. (c) Each lot within Tract 3151 shall be developed to the following standards:
(1) Manufactured homes for residential uses, together with normal accessory uses, such as cabanas, ramadas, patio slabs, carports or garages, and storage and washroom buildings. In no event shall more than one (1) manufactured home be used on a lot for residential purposes.
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(2) Private and public utilities.
(3) Community recreation facilities for the use of individual lot owners within the subdivision after provisions for the continued and proper operation of such facilities have been approved by the Commission. The maintenance of community recreation and service areas shall be assured by provisions in the deeds, such as covenants running with the land, or the granting of an undivided interest in the recreation area to each owner of an individual interest or other device, creating a legal entity capable of carrying out the requirements imposed by this Article and providing for participation by the individual lot owners in the responsibility and costs thereof. When such maintenance is not provided, the City may, upon due notice, declare such areas to be public nuisances and may take such steps as are necessary to abate such nuisances.
(4) Temporary real estate tract offices used only during the original sale of the subdivision, not exceeding a period of one (1) year.
(5) Medical services and neighborhood shopping facilities. (d) The following shall be the minimum standards of development within Tract 3151:
(1) No real property in Tract 3151 shall be used for the uses permitted in this Code until:
(i) A subdivision map, prepared in accordance with the provisions of this section and the applicable provisions of Chapter 1 of this title, has been filed with the Council; and (ii) The building permit required by the provisions of Sections 8-1.05 and 8-7.02 of this Code has been obtained.
(2) The minimum standards for recreation areas shall be as follows:
(i) A total of three hundred (300) sq. ft. for each manufactured home site shall be devoted to open areas. If Tract 3151 is developed as a unit of more than sixty (60) acres, the recreational area of such unit shall be an area equal to at least 5% of the total area of such unit. (ii) The recreation lots shall be entirely within the legal border of the subdivision and shall be identified with a letter such as Lot "A."
(iii) The plan of the recreation lot shall be demonstrated to be adequate in dimension, topography, and location for the intended recreational use, and a plot plan of the intended use shall be approved by the Planning Commission.
(3) Minimum setbacks shall be three (3) ft. on the sides, and three (3) ft. in the rear. The front yard setback shall be equal to the average front yard setback of the two (2) nearest adjacent manufactured homes located on the same side of the street. The front yard setback for adjacent homes shall be determined by measurement from the centerline of the street which fronts the property. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) ft. Such setback shall be measured from the front lot line to the nearest point on the body of the manufactured home or appurtenant structure.
(4) The minimum lot size shall be five thousand (5,000} sq. ft., with a minimum width of forty (40) ft., measured at the front lot line.
(5) The minimum site which may be zoned for this purpose shall be thirty (30) acres, including up to onehalf (2½), but not to exceed thirty-three (33) ft. of the width of adjacent boundary streets dedicated to the public.
(6) Private streets may be planned provided provisions are made for their maintenance. (7) The following permanent improvements shall be installed on each lot prior to occupancy of a manufactured home on the lot for residential purposes:
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(i) A concrete slab or other standard metal or wood deck patio containing at least two hundred (200) sq. ft. or posting a Letter of Credit guaranteeing completion thereof within one hundred twenty (120) days after installation of the manufactured home or prior to occupancy, whichever occurs first; and
(ii) A sewage disposal system acceptable to the Council and subject to provisions of this Code. (8) The ground floor of each manufactured home shall not be more than six (6) in. nor more than twelve (12) in. above finished grade without variance. Ground floor shall also be at or above the base flood elevation.
(9) Every subdivision map filed in accordance with of this Code shall contain provisions for access to the rear portion of each lot in the subdivision.
(10) Any fence, wall, or visual barrier located in the required front yard of any such lot shall not exceed four (4) ft. in height nor In the rear or side yard of any such lot exceed six (6) ft. in height, measured from the finished grade of the lot. No fence, wall, or visual barrier located within twenty-five (25) ft. of the rear line of a reversed corner lot between the street and the established setback line of the key lot to the rear shall exceed a height of four (4) ft. No barbed wire shall be used or maintained in or about the constructing of a fence wall or visual barrier along the front, side, or rear lines of any such lot or within three (3) ft. of such lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) ft. in height.
(11) Any clothes lines, whether temporary or permanent, or any such lot shall be installed on the rear portion of such lot.
(12) Every subdivision map filed in accordance with provisions of t his Code shall contain provisions for underground telephone, television, and electrical cable through the subdivision. (13) Every subdivision map filed in accordance with provisions of this Code shall contain provisions for driveways, as approved by the City Engineer.
(14) Notwithstanding the provisions of this Code, a manufactured home within Tract 3151 shall contain not less than 600 square feet of living space in order to inhibit the development of inadequate or overcrowded housing.
(e) In addition to the other requirements of this Code, all manufactured homes located in Tract 3151 shall have a width of at least twelve (12) ft. as shown on the Department of Housing and Community Development registration for said manufactured home. No manufactured homes shall be combined in order to meet the requirements of this section unless the individual units have been manufactured to ultimately serve as a combined unit with one another and each unit is not less than ten (10) ft. in width. (f) Exceptions to the requirements of this Code may be granted for Tract 3151 provided applications therefor are filed and the public hearings are held as required for zoning amendments. Before granting such exceptions, the Commission shall find each of the following with respect to the land involved in the application :
(1) There are special circumstances or conditions affecting such property; (2) The modification is necessary for the preservation and enjoyment of a substantial property right; and (3) The granting of the modification will not be detrimental to the public welfare or injurious to other property in the vicinity.
(g) General Provisions:
(1) These requirements shall not be applied to any property where any portion of such property would fall within five hundred (500) ft. of property in the R-1 zone. This requirement may be disregarded if the Cr eated: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
legislative body is satisfied from the evidence presented during the zoning hearings the following conditions exist:
(i) An artificial or natural barrier or other physical feature exists between the Rl Zone and Tract 3151.
(ii) The nature of such barrier or feature is such as to assure the Rl Zone will not be detrimentally affected by the requirements of Tract 3151.
(iii) All manufactured homes in the subdivision shall be connected to the system. (iv) The sewage disposal field may be used in conjunction with recreational areas provided such use is not in conflict with the operations of the disposal field. (v) The design and adequacy of the system shall be approved by the Council.
Sec. 9-2.2405. Planned Unit Development.
(a) An overlay permit may be issued for at least ten acres of contiguous property within residential or commercial zones to be used for public, quasi-public, or commercial uses (a "Planned Unit Development ("PUD)").
(b) The permit shall include the following conditions:
(1) The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning. (2) The uses permitted by the PUD are not more intensive than those permitted by the underlying zoning. (3) No greater burden shall be placed upon public facilities serving the planned unit development than is placed upon the public facilities by development using the underlying zoning.
Sec. 9-2.2406. Flood Hazard.
(a) A development permit shall be issued per Section 8-11.05 "Development Permits" of the California City Municipal Code, Chapter 11 (Flood Damage Prevention).
(bl The development permit shall comply with Chapter 11 "Flood Damage Prevention" of the California City Municipal Code.
( Ord. No. 18-761, § 1, 2-27-2018)
Sec. 9-2.2407. Farm Animal Overlay.
(a) An overlay zone may be permitted pursuant to this Article for the keeping of farm animals within a specified tract of land as follows:
(1) The keeping of farm animals shall be an accessory to a permitted use in the zone. (2) The occupant of each dwelling unit in a single-family residential district may keep not more than one (1) large farm animal for each one-half(½) acre of unimproved (except for animal enclosures) land available for the animal's use. As use in this subsection, the definition of a large farm animal is cattle, swine, horses, donkeys, mules, sheep and goats, also, including miniature versions of these animals.
The occupant may keep one large farm animal for breeding, raising or for slaughter. All animals will be slaughtered and dressed only in an enclosed structure. No numerical limit on poultry, birds or rabbits if they are properly housed.
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(b) Accessory structures shall be less than one hundred (100) ft. from the front lot line, twenty-five (25) ft. from the side lot lines, or ten (10) ft. from the rear lot line. Animals housed in fenced areas must have crossfencing in the event of failure of the primary fence. Barbed or electric wire may be used or maintained independently. A fence, wall or hedge along the perimeter of any lot, or within three (3) ft. of the perimeter shall not have sharp wire or points projecting at the top of the fence or wall less than six (6) ft. in height. In the housing of equines, the following items are required:
(1) Riding Stables: Corrals shall be constructed for each horse. Corrals shall be a minimum of twelve (12) ft. by twenty-four (24) ft. and constructed of proper building material to maintain an animal of this size.
The orals shall be constructed of pipe corrals, wood or equine vinyl/PVC. Each corral shall have a minimum of three (3) two-in. by 6-in. rails and use non-climb or v-mesh wire fencing with no less than a 4-in. by 4-in. post .
(2) Shelters: Each shelter shall be a minimum of twelve (12) ft. by twelve (12) ft. with no less than a threesided enclosure with a roof to provide for adequate shade and to protect against prevailing winds. (c) The occupant of a residential district may obtain a special permit for minors to breed and raise, up to three large farm animals, in addition to the animals permitted in the zone. This would be in conjunction with a programs sponsored by a bona fide agricultural association, such as Future Farmers of America, 4-H Club, Cow Belles or Junior Farmers. As used in this subsection, the definition of a "large farm animal" is cattle, horses, donkeys, mules, sheep, goats, or swine. The permit shall be for not more than twelve (12) months and not more than one (1) permit shall be issued per child per year. Consent of adjoining landowners will be a condition of issuance of the permit and the lot will be open for government officials. ( d) No commercial activities shall be undertaken pursuant to this section. (e) Hoofed animals shall graze only within a fenced and enclosed area which restricts the animals from wandering out of the lot or parcel. No person shall drive, herd or cause an animal to be moved over the streets of the City except within the confines of a licensed vehicle. Equines may be ridden along equestrian trails and roadways without impeding traffic.
(f) Rabbits, birds and poultry will be kept in enclosed areas. The enclosure shall not be allowed to become overcrowded or cause a nuisance to neighbors or the neighborhood. No person shall raise, breed, keep, or maintain an endangered, rare (threatened species) or exotic species of bird, mammal, fish, amphibian, nonpoisonous or poisonous reptiles, spiders, scorpions, or other insects, including bees. (Ord. No. 03-610, 8-5-2003)
Sec. 9-2.2408. Equestrian Overlay.
(a) An equestrian overlay zone may be issued for property in a residential district. One (1) horse for each onequarter (¼) acre of lot area is permitted in the equestrian overlay zone. (b) The permit shall include the following conditions:
(i) All subject property located within an equestrian overlay zone shall have a minimum lot size of one (1) acre.
(ii) Conditions of issuing a building permit or other land use entitlement in the equestrian overlay zone shall be subject to the dedication of a sixty-foot wide vehicular, equestrian and utility easement.
ARTICLE 24.5. RESIDENTIAL TINY AND SMALL HOMES OVERLAY ZONE Cr eat ed: 2022-05-13 14:23:29 [EST)
(Supp. No. 10)
Sec. 9-2.2450. Purpose.
The Residential Tiny and Small Homes (R-THO) Overlay Zone District is established to provide housing options in specified tracts within the City by permitting homes smaller in size than the current City minimum square footage of one thousand two hundred (1,200) square feet of living area, and shall be used for independent living quarters, designed as a permanent, year-round residence. (Ord. No. 20-779, § 2, 8-11-2020)
Sec. 9-2.2451. Location.
The Residential Tiny and Small Homes Overlay Zone shall include City Tract Numbers 2898, 2812 (only if no homes currently on the tract), 3151, 3198, 2223, 2630 and 2404. ( Ord. No. 20-779, § 2, 8-11-2020)
Sec. 9-2.2452. Applicability of the R-THO Overlay Zoning District.
The provisions of this Article 24.5 apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. If there is a conflict between the provisions of this Article and any other provision of this Zoning Code the specific provisions of this Article shall take precedence and control. (a) Mapping of overlay district. The applicability of this overlay zoning district to a specific site shall be shown on the City Zoning Map.
(b) Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Article:
(1) Any land use normally allowed in the primary zoning district by Title 9, Chapter 2 may be allowed within this overlay district, subject to any additional requirements of this overlay district; (2) Development within the R-THO overlay district shall obtain the zoning approvals required by Title 9, Chapter 2 for the primary zoning district; and
(3) Development within this overlay district shall comply with all applicable development standards of the primary zoning district, all other applicable provisions of this Zoning Code, and the City's Design Guidelines for Small Homes.
(4) Small Homes and Tiny Homes shall substantially conform to the approved Small and Tiny Homes Design Guidelines, as amended from time to time.
(Ord. No. 20-779, § 2, 8-11-2020)
Sec. 9-2.2453. Permitted Uses.
(a) Tiny Home between 200 sq. ft to 500 sq. ft.
(b) Smaller Home between 500 sq. ft. to 1,200 sq. ft.
(c) All uses permitted in the underlying zone.
(Ord. No. 20-779, § 2, 8-11-2020)
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(Supp. No. 10)
Sec. 9-2.2454. Conditional Uses.
(a) All conditional uses permitted in the underlying zone. (b) Swimming Pools.
(c) Community and recreation centers.
(d) Parks.
(e) Garages, Covered Parking Structures, and Accessory Buildings larger than four hundred (400) S.F. in size. (Ord. No. 20-779, § 2, 8-11-2020)
Sec. 9-2.2455. Site and Structure Requirements.
(a) The minimum lot area in the R-THO District is six thousand (6,000) square feet. (b) Setbacks shall be the same as those of the underlying residential zone. (c) Garages, Covered Parking Structures, and Accessory Buildings shall be no larger than four hundred (400) S.F. when constructed on a lot where the primary building is a Tiny Home or Small Home. (d) Tiny Homes and Smaller Homes shall be connected to water supply source, sewer/septic, and electric utilities or solar with battery backup.
(e) Tiny Homes and Smaller Homes are not required to have covered parking. (f) Tiny Homes and Smaller Homes are required to have sprinklers and sufficient water supply for fire protection.
(g) Mechanical equipment shall be incorporated into the structure and not located on the roof. (h) Tiny Homes and Smaller Homes must comply with all applicable State and Local Codes and Regulations. {i) For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Such household pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising, breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted. Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty {20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public. (j) All Small Homes must be placed on a permanent foundation and all undercarriage, foundation system, and external elements below the finished floor shall be screened or constructed with architectural elements that complement the main structure.
(k) Tiny Homes shall have a minimum of four (4) of the following design features:
(1) Upgraded entry feature, such as transom or side windows around an exterior door; (2) Exterior accessories, such as permanent shutters, or fixed sunshade devices, or gutters/downspouts; (3) Pitched roofline {4:12 pitch or steeper);
(4) Dormers;
(5) Premanufactured skylights;
(6) Built-on porch or deck;
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(Supp. No. 10)
(7) Exterior residential light sconces or downcans; or
(8) Other features as otherwise approved by the City Planner. (9) The provision of more than one (1) item within the same category of design features may be counted independently towards the overall minimum requirements (e.g., including both a sunshade and shutters).
( Ord. No. 20-779 , § 2, 8-11-2020)
Sec. 9-2.2456. Definitions.
(a) "Tiny Home" - A residential structure between two hundred (200) to five hundred (500) square feet of living area under roof installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one (1) household that meets these following conditions:
(1) Has at least one hundred fifty (150) square feet of first-floor interior living space; (2) Materials used as an exterior wall covering shall as set forth in the Small and Tiny Homes Design Guidelines;
(3) Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim;
(4) Insulation with values of at least R19 for the walls, R38 for ceilings, and R19 (for the floors if on a raised foundation).
(b) "Small Home" - A residential structure larger than five hundred (500) square feet of living area under roof, however, less than one thousand two hundred (1,200) square feet installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one (1) household that also meets the construction requirements set forth for Tiny Homes above. ( Ord. No. 20-779, § 2, 8-11-2020)
ARTICLE 25. CONDITIONAL USE PERMITS
Sec. 9-2.2500. Purpose.
Under the Code, some uses are permitted subject to the granting of a special permit. This article describes how the Planning Commission shall consider, grant, or deny applications for use permits.
Sec. 9-2.2501. Procedure for Consideration of Permit.
(a) The Planning Commission may grant permits for uses as prescribed in the regulations for each district in accordance with the following procedure.
(b) Application for a use permit shall be filed with the Planning Director on a form which shall include the following data:
(1) Name and address of applicant.
(2) Verification the applicant is the owner of the property or the authorized agent of the owner. (3) Address or description of the property or properties, in cases where an interim occupancy permit is being requested for more than one (1) location due to construction plans for a permanent site.
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(4) Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with data pertinent to the findings necessary for the granting of a permit.
(5) A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of Kern County, of all properties shown on the drawing. County Assessor's maps may be used for this purpose.
(6) Aerial photo of site and the surrounding area for a distance of one-half(½) mile. (7) Preliminary floor plans and front, side and rear elevations of proposed structures, if available. (8) Three (3) prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions the following information:
(i) Lot or site dimensions.
(ii) All buildings and structures: location, size, height, proposed use. (iii) Yards and space between buildings.
(iv) Walls and fences: location, height and materials.
(v) Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.
(vi) Access; pedestrian, vehicular, service: points of ingress and egress, internal circulation. (vii) Signs: location, size, height and type of illumination, if any, including hooding devices. (viii) Lighting: location and general nature, hooding devices. (ix) Street dedications and improvements.
(x) Landscaping: location and type.
(xi) Such other data as may be required by the Planning Commission to make the required findings. (c) An application shall be accompanied by a fee set by resolution of the Council to cover the cost of handling. (d) The Planning Director shall investigate the application for its compliance with title and submit a report to the Planning Commission. The report shall include a recommendation for the action by the Commission and a statement supporting such recommendation.
(e) The Commission shall hold a public hearing on the application after notice given in the same manner as notices for hearings on zoned amendments. The Commission shall review the application and the statement and drawings and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions.
(f) The Commission shall act on the application within thirty (30) days following the closing of the public hearing. By resolution, the Commission may grant or deny the permit for the use applied for or may modify the permit on the basis of the evidence submitted at the hearing. The Commission shall make the following findings if the permit is granted or conditionally granted:
(1) There are circumstances or conditions applicable to the land, structure or use making the granting of a permit necessary for the preservation and enjoyment of a substantial property right.
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(2) The proposed location of the conditional use is in accordance with the objectives of the General Plan and the purposes of the zone district where the property is located. (3) The proposed use will comply with this Chapter.
(4) The permit may be revocable, granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions of approval necessary to protect the public health, safety and general welfare shall be stated in a resolution approving the permit. (g) The decision may be appealed to the Council by the applicant or any other interested party within ten (10) days following the date of a decision of the Commission on a conditional use permit. (i) The notice of appeal shall be filed with the City Clerk and the notice shall specify claimed errors or abuse of discretion by the Commission, including how the decision is not supported by the evidence in the record. The City Clerk shall give notice to the applicant and to the appellate (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the City Council.
(ii) The Planning Secretary shall transmit the record to the City Clerk within five (5) days of the filing of the notice of appeal.
(iii) The City Council shall hear the appeal at a regular meeting at least ten (10) days and not more than thirty (30) days after the filing of the appeal. The City Council may affirm, reverse or modify a decision of the Commission if a decision denying a conditional use permit is reversed or a decision granting a conditional use permit is modified, the City Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit.
(h) The permit number shall be indicated on the Zoning Map. (Ord. No. 03-610, 8-5-2003)
Sec. 9-2.2502. Term of Permit.
(a) A permit is effective when granted by resolution of the Commission or, if appealed to the Council, when the Council adopts a resolution resolving the appeal-. The permit granted shall run with the land and shall continue to be valid upon a change of ownership.
(b) A permit shall expire on the date specified by the Commission, unless time is prescribed unless the permit is extended or revoked as set forth below. The time limits set by the Commission shall be reasonable, based on the size, nature and complexity of the development. The time limit may be extended for good cause, such as proof of an unusual hardship not of the applicant's own making. ( c) A permit may be revoked for violation of this Chapter or failure to comply with the permit conditions. Notice of revocation shall be sent to the persons responsible for compliance by the Planning Director. The Commission shall consider the revocation. The same notice and hearing procedure shall be used for revocation as for consideration of a conditional use permit. The Commission may revoke the permit or take such action as may be necessary to ensure compliance.
Sec. 9-2.2503. New Application for Conditional Use Permit.
Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the use permit.
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(Supp. No. 10)
Sec. 9-2.2600. Purpose.
- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 2. -ZONING
ARTICLE 26. ZONE VARIANCE
ARTICLE 26. ZONE VARIANCE
Under this article, the Planning Director may grant variances to prevent or lessen practical difficulties and unnecessary physical hardships resulting from a strict or literal interpretation and enforcement of land use regulations.
Sec. 9-2.2601. Scope.
A practical difficulty or unnecessary physical hardship necessary for a variance must result from size, shape or dimensions of a site or the location of existing structures from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. A variance from use regulations is not permitted. Variances shall be limited to requirements for fences and walls, site areas, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities.
Sec. 9-2.2602. Procedure for Considering a Variance.
(a) Application for a variance shall be made to the Planning Director on a form which shall include the following:
(1) Name and address of applicant.
(2) Statement the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved. (3) Address or description of property.
(4) Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Title which would result from a strict or literal interpretation and enforcement of a specified regulation of this Title, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in this Section. (5) A drawing of the site and adjacent property affected, showing existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
(6) A drawing of the site and surrounding area, showing surrounding properties within three hundred (300) feet of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of Kern County shall be included.
County Assessor's maps may be used for this purpose.
(7) The fee established by resolution of the City Council to cover the cost of handling the application. (b) The Planning Director shall prepare a report and transmit the report to the applicant. (c) The Planning Director shall act on the application within thirty (30) days offiling. The Planning Director may grant a variance if the Planning Director makes the following findings:
California City, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05 -13 14:23:29 [EST]
(1) Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship, inconsistent with the objectives of this Title. (2) There are special circumstances or conditions applicable to the property involved such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. (3) The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. The Planning Director may grant a variance for off-street parking facilities or off-street loading facilities if the Planning Director makes the findings prescribed above and the following additional findings:
(4) Present and anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably do not require strict or literal interpretation and enforcement of the specified regulation.
(5) The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with free traffic flow on the streets. (6) The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this Title. The variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Planning Director may prescribe. The Planning Director may deny a variance application.
(d) A variance shall become effective upon the expiration of ten (10) days following the date on which the variance was granted unless an appeal has been taken to the Planning Commission. (e) The Planning Director's decision may be appealed to the Planning Commission by the applicant or any other interested party within ten (10) days following the date of a decision of the Planning Director. The notice of appeal shall be filed with the Planning Secretary, and state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Director or wherein its decision is not supported by the evidence in the record. The Planning Secretary shall transmit the record to the Planning Commission within five (5) days of the filing of an appeal. The Planning Secretary shall give notice to the applicant and may give notice to any other interested party of the time within which the appeal will be considered by the Planning Commission. The Planning Commission shall hear the appeal at a regular meeting at least ten (10) days, but not more than thirty (30) days after the filing of the appeal. The Planning Commission may affirm, reverse or modify a decision of the Commission on a variance application. A decision which results in the granting a variance shall be on the basis of the record transmitted to the Planning Commission and such additional evidence as may be submitted, and shall be set forth in findings. A variance which has been the subject of an appeal to the Planning Commission shall become effective immediately following the date on which the variance is granted by the Planning Commission.
Sec. 9-2.2603. Term of Variance.
(a) the term of the variance shall be determined by the Planning Director or the Planning Commission, as the case may be.
(b) An application for renewal of the variance may be presented to the Planning Director, and the Director may grant or deny an application for renewal of a variance. (c) The variance may be revoked upon violation of this Title, or if granted subject to a condition or conditions, upon failure to comply with the condition or conditions. Notice of revocation shall be sent to the person or persons responsible for compliance. Within thirty (30) days of the suspension, the Planning Director shall consider the suspension. If not satisfied the regulation, general provision, condition or conditions are being Created: 2022-05-13 14:23 :29 [EST]
(Supp. No. 10)
complied with, the Planning Director may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.
Sec. 9-2.2604. New Application for Variance.
Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six (6) months of the date of denial of the variance application or revocation of the variance.
ARTICLE 27. ZONE AMENDMENTS
Sec. 9-2.2700. Purpose.
This article sets forth the process for amending the zoning regulations.
Sec. 9-2.2701. Procedure for Consideration of Amendment. (a) A change in the boundaries of a zone may be initiated by the Commission, Council or owner of property. The person proposing a change in the boundaries of the district shall file an application with the Planning Director on a form prescribed by the Planning Director, including the following data:
(1) Name and address of the applicant.
(2) Statement the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.
(3) A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of Kern. Assessor's maps may be used for this purpose. (4) The application shall be accompanied by a fee set by a resolution of the City Council to cover the cost of processing.
(b) The Planning Director shall investigate the application and submit a report to the Planning Commission, with a recommendation for action.
(c) The Planning Commission shall hold a duly noticed public hearing on the application. The Planning Commission shall review the application and receive evidence and testimony concerning the proposed zone change and determine if the change is consistent with the General Plan and application of the zone classification which is being proposed. A change in district boundaries shall not be made conditionally. The Planning Commission shall make its decision and adopt findings within forty-five (45) days following the completion of the public hearing. The Commission shall transmit its decision to the City Council. (d) The City Council shall hold a duly noticed public hearing upon receipt of the decision of the Planning Commission approving the application The City Council need not take any further action if the Planning Commission has recommended against the adoption of the amendment unless an interested party files a written notice of appeal with the City Clerk within five (5) days after the Planning Commission adopts its decision. The City Council shall find whether the amendment is required to achieve the objectives of this chapter and whether the amendment would be consistent with the General Plan and the zoning district classification. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. A modification not previously considered by the Commission shall be referred to the Planning Created : 2022-05-13 14:23:29 (EST]
(Supp. No. 10)
Commission for report and recommendation, but the Planning Commission shall not be required to hold a hearing thereon. Failure of the Planning Commission to report within forty (40) days of the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the modification. (e) The Council shall enact an ordinance amending the zoning district if the Council approves the application.
Sec. 9-2.2702. Change on Zoning Map.
A change in a district boundary shall be indicated on the Zoning Map with a notation of the date and number of the ordinance amending the map.
Sec. 9-2.2703. New Application for Amendment.
No application for the same or substantially the same change shall be filed within six (6) months of the date of denial of the application.
ARTICLE 28. ADMINISTRATION AND ENFORCEMENT
Sec. 9-2.2800. Purpose.
This article covers the enforcement of zoning regulations. These provisions supplement other available enforcement mechanisms.
Sec. 9-2.2801. Nuisance.
(a) A use of property not permitted by this chapter is a nuisance. (b) A use of property permitted by this chapter shall not be undertaken in a manner which constitutes a nuisance.
Sec. 9-2.2802. Nonconforming Uses.
(a) A use of property existing on April 4, 1966, or a use of property existing after April 4, 1966, which was permitted by the then current zoning regulations of the City, but which was subsequently prohibited by the zoning regulations, is a lawful nonconforming use.
(bl A lawful nonconforming use may be continued and maintained if there is no physical change other than: (1) maintenance and repair of a nonconforming building or structure; or (2) the reconstruction of a nonconforming building or structure partially damaged by fire, collapse, explosion, or acts of God if the expense of such reconstruction does not exceed 150% percent of the assessed value of the building or structure at the time the damage occurred, and the reconstruction is started within one (1) year from the date of the damage, and diligently prosecuted to completion. (c) Part of a building, structure, or land occupied by a nonconforming use which is changed to, or replaced by, a use conforming to the zoning regulations shall not thereafter be used or occupied by the earlier lawful nonconforming use.
(d) If no structural alterations are made, a lawful, nonconforming use of a building or structure may be changed to another lawful, nonconforming use of a more restrictive classification with the written approval of the Planning Director.
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(Supp. No. 10)
(e) Part of a building, structure, or land occupied by a lawful, nonconforming use, which use is abandoned or ceased for one year or more, shall not again be used or occupied for a lawful, nonconforming use. (f) A conforming conditional use established prior to [date] shall be permitted to continue as a lawful, nonconforming use until the expiration of the permit.
(g) A nonconforming building or structure for which a building permit was issued may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted if construction was commenced prior to the effective date of the zoning amendment which prohibited such use or within sixty (60) days after the issuance of the building permit, whichever occurs first and construction is prosecuted diligently to completion.
Sec. 9-2.2803. Enforcement: General.
(a) Departments, officials, and employees vested with the duty or authority to issue permits or licenses shall conform this chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with this chapter. A permit or license issued in conflict with this chapter null and void. (b) City employees may reasonably enter upon any premises affected by this chapter for the purposes of inspection. This subsection does not authorize City employees to enter a building without the consent of the owner or the person in lawful possession thereof without first securing a search warrant.
Sec. 9-2.2804. Enforcement: Civil.
(a) This chapter may also be enforced by injunction issued by the Superior Court upon the suit of the City or the owner or occupant of real property affected by a violation or prospective violation of the provisions of this chapter. Such method of enforcement shall be cumulative and shall in no way affect the penal enforcement of this chapter.
(b) A building, structure, or other work of improvement erected, constructed, demolished, altered, improved, moved or converted contrary to this chapter or use of any land, structure, building, work of improvement, or premise established, conducted, operated, or maintained, contrary to this chapter is a public nuisance. (c) The City shall commence actions and proceedings for the abatement, removal, and enjoinment in the manner provided by law and shall take such other steps and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to this chapter.
Sec. 9-2.2805. Enforcement: Criminal.
A person determined guilty of violating any provision of this Chapter shall, upon conviction thereof, be punishable as set forth in Chapter 2, Title 1 of this Code.
ARTICLE 29. CANNABIS BUSINESSES AND CANNABIS DISPENSARIES1 1Editor's note(s)-Ord. No. 18-765 , § 1, adopted August 28, 2018, amended Art. 29, §§ 9-2.2900-9.2.2910 in its entirety to read as herein set out. Former Art. 29, pertained to cannabis businesses and cultivation, and derived from Ord. No. 16-742, § 1, 9-13-2016; Ord. No. 17-757, § 1, 11-28-2017.
Subsequently, Ord. 18-765, § 1, adopted August 28, 2018, changed the title from "Cannabis Businesses and Cultivation" to read as herein setout.
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(Supp. No. 10)
Sec. 9-2.2900. Purpose and General Prohibitions.
(a) The purpose of this Article is to further fulfill the purposes and intents set forth in Title 5, Chapter 6 of the California City Municipal Code.
(b) The operation of any cannabis business within the City is strictly prohibited, unless the owner and/or operator first obtains a cannabis business or dispensary permit, issued by the City pursuant the requirements of Title 5, Chapter 6 of the City's Municipal Code. Owners and operators shall at all time remain in compliance with the requirements ofTitle 5, Chapter 6, and with all applicable State laws, and shall further be required to obtain a state issued cannabis business permit as soon as those permits are available for issuance.
( Ord. No. 18-765, § 1, 8-28-2018)
Sec. 9-2.2901. Applicability.
(a) Nothing in this Article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act or other state law.
(b) All the provisions of this Article shall apply to all property, public and private, within the City. (c) All the provisions of this Article shall apply indoors and outdoors. ( Ord. No. 18-765, § 1, 8-28-2018)
Sec. 9-2.2902. Definitions.
Unless otherwise provided herein, the terms used in this Article shall have the meanings ascribed to them in Title 5, Chapter 6 of the California City Municipal Code, unless otherwise indicated. (Ord.No. 18-765, § 1, 8-28-2018)
Sec. 9-2.2903. Location and Design of Cannabis Businesses.
Cannabis businesses including those permitted to engage in cultivation, manufacturing, testing, distribution, and dispensing of cannabis and cannabis products are subject to the following zoning and locational requirements:
(a) Cannabis businesses-, including Medicinal Cannabis Delivery-Only Retailers, are permitted uses on property zoned M-1 (Light Industrial) or M-2 (Heavy Industrial) only, and must meet all of the requirements for developments in those zones; and
(b) The property on which the cannabis business is located must also meet all of the following distance requirements:
(1) It shall be no closer than two hundred (200) feet of any residentially zoned parcel in the City, including any legal non-conforming residential uses as of the date the cannabis business permit is issued, excepting therefrom residential uses in the O/RA zone. When the subject property is adjacent to O/RA, Ml, or M2, or any combination thereof on no less than three (3) sides, it shall be no closer than thirty feet (30) to any residentially zoned parcel in the O/RA zone, including any legal non-conforming residential uses as of the date the cannabis business permit is issued. The distance between cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the cannabis permit.
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(Supp. No. 10)
(2) It shall be no closer than one thousand (1,000) feet from any parcel containing any of the following:
A. A school, college or university (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).;
B. A church or other house of worship.
C. A daycare facility serving nine or more children and is licensed by the county.
D. A drug or alcohol rehabilitation facility providing on-site medical treatment. (c) Each proposed cannabis business project shall:
(1) Conform with the City's general plan, any applicable specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. (4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
For the purposes of this Article, the distance between parcels shall be the horizontal distance measured in a straight line from the property line where the sensitive use is located to the first structure on the lot seeking the cannabis business permit, without regard to any intervening structures. (Ord.No. 18-765, § 1, 8-28-2018; Ord. No. 21-783, § 3, 1-26-2021, eff. 2-26-2021) Sec. 9-2.2904. Location and Design of Cannabis Dispensaries. (a) Cannabis Dispensaries, both storefront retail and delivery only, are permitted uses on property zoned M-1 (Light Industrial) or M-2 (Heavy Industrial).
(b) Cannabis Dispensaries, both storefront retail and delivery only, are conditionally permitted uses on property zoned C2 Community Commercial District or C4 Service Commercial District or CS Regional Commercial District, with the issuance of a conditional use permit. (c) Cannabis Dispensaries must meet all of the requirements for developments in those zones and comply with all requirements for Cannabis Businesses set forth in section 9-2.2903. (Ord.No. 18-765, § 1, 8-28-2018)
Sec. 9-2.2905. Certification from Building Department.
Prior to commencing operations, a cannabis business must obtain a certification from the Building Department and Fire Department certifying that the business is located on a site that meets all of the requirements of this Title and complies with the Building Code and Fire Code. (Ord.No. 18-765, § 1, 8-28-2018)
creat ed : 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-2.2906. Cultivation of Cannabis.
All cannabis cultivation, whether indoors or outdoors, is prohibited within the City of California City, except as may be specifically authorized through the issuance of a cannabis business permit pursuant to the requirements of Title 5, Chapter 6, of this Code or a maximum of six plants grown indoors as authorized by State law for personnel use.
( Ord. No. 18-765, § 1, 8-28-2018)
Sec. 9-2.2907. Declaration of Public Nuisance.
Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. ( Ord. No. 18-765, § 1, 8-28-2018)
Sec. 9-2.2908. Violations.
(a) Violations of this Article shall be punishable pursuant to Title 1, Chapter 3, of this Code and Sec. 5-6.1503, as it-they may be amended from time to time, and as permitted by State law. (b) This Article is not the exclusive means for the abatement of illegal cannabis businesses or illegal cannabis dispensaries within the City of California City. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the Zoning Code, including but not limited to, any action at law or equity.
( Ord. No. 18-765, § 1, 8-28-2018)
CHAPTER 3. LAND DIVISIONS
ARTICLE 1. GENERAL
Sec. 9-3.101. Purpose and Scope.
This chapter regulates the division of land, the merger of lots and reversion of land to acreage. This chapter may be cited as the City's "Land Division Regulations." The Subdivision Map Act regulates the local control of the design and improvement of subdivision and authorizes the City to enact local ordinances for the control of the design and improvement of land divisions which do not constitute subdivisions. This chapter incorporates by reference those provisions of the Subdivision Map Act mandated by state law and adopts additional provisions governing land divisions in those areas where the Subdivision Map Act allows the City to exercise discretion.
Sec. 9-3.102. Definitions.
(a) The following definitions apply to this chapter:
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(Supp. No. 10)
(1) "Advisory Agency" means the Planning Commission of the City. (2) "Governing Body" or "Legislative Body" means the Council. (3) "Local agency" means the City.
(4) "Local ordinance" means this chapter.
(5) "Subdivision Map Act" or "Map Act" refers to Division 2 ofTitle 7 (commencing with §66410) of the Government Code.
(b) Except as provided herein, the definitions now or hereinafter set forth in the Subdivision Map Act are hereby incorporated by this reference and made a part hereof.
ARTICLE 2. MAPS REQUIRED
Sec. 9-3.201. Application.
The production of tentative and final subdivision maps and tentative and final parcel maps shall be governed by the Map Act and this chapter.
(Ord. No. 06-641, 4-4-2006)
Sec. 9-3.202. Tentative and Final Subdivision Maps.
(a) A tentative and final subdivision map shall be proposed for subdivisions in conformance with the Map Act. (b) Final subdivision maps shall contain the information and be in the form specified by the Map Act and shall also satisfy the additional requirements of this chapter. (Ord. No. 06-641, 4-4-2006)
Sec. 9-3.203. Parcel Maps.
(a) A tentative parcel map and final parcel map shall be filed for each division of land which does not constitute a subdivision unless the parcel map is waived as set forth in this chapter. (b) Parcel maps shall contain the information and be in the form specified by the Map Act and shall also satisfy requirements of this chapter.
(c) The Planning Commission may require the certificates and acknowledgments required for parcel maps be recorded concurrently with the final parcel map.
(Ord. No. 06-641, 4-4-2006)
ARTICLE 3. PROCEDURE
Sec. 9-3.301. Application.
The procedures set forth in this Article govern the processing of tentative and final subdivision and tentative and final parcel maps.
(Ord. No. 06-641, 4-4-2006)
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(Supp. No. 10)
Sec. 9-3.302. Tentative Maps.
(a) The project proponent shall file the tentative subdivision or a tentative parcel map with the Planning Commission which shall conduct a public hearing to determine whether the tentative map be approved, conditionally approved or disapproved. The decision of the Commission shall be final unless appealed to the Council by any interested party within thirty (30) days of the Commission's action or failure to act. The appeal shall be filed with the Oty Clerk within ten months of the Commission's action or failure to act, if an environmental impact report is required, or within four months, if a negative declaration is required. (bl If the Commission's decision is appealed to the Council, the City Clerk shall provide notice of appeal to interested parties by publication at least once in a newspaper of general circulation at least ten (10) days prior to the date of hearing and by mail to the owners of property within three hundred (300) ft. of the proposed land division as shown on the last equalized assessment rolls. (c) On appeal, the Council shall review the decision of the Planning Commission and approve, conditionally approve or disapprove the tentative map. In the case of an appeal, the Council's decision shall be final. (Ord. No. 06-641, 4-4-2006)
Sec. 9-3.303. Final Maps.
(a) Multiple final subdivision or parcel maps relating to an approved or conditionally approved tentative subdivision or parcel map may be filed prior to the expiration of the tentative map if the requirements of the Map Act and this chapter are met, and if the Planning Commission finds:
(1) The property which is described in the final map will be adequately served by required on-site and offsite improvement even if the property not covered by the proposed final map is not developed; (2) Dedications required to serve the property described in the final map have been completed even though such dedications also benefit the remaining property; and (3) The inhabitants and the property owners of the City and the future inhabitants and property owners of the property described in the final map will be prejudiced by failure of the project proponent to develop the remaining property not covered by the proposed final map. (b) The Planning Commission may approve the modification of a recorded final subdivision map or parcel map by a certificate of correction or an amending map. Such modifications shall be considered at a public hearing conducted by the Commission. The modifications shall conform with the Map Act. Any interested party may appeal such decision of the Commission to the Council within 30 days of the Commission's decision. (Ord. No. 06-641, 4-4-2006)
Sec. 9-3.304. Parcel Maps.
(a) Except as provided in t his chapter, the procedure for processing approval, conditional approval or disapproval and filing of parcel maps and modifications thereof, shall be the same as the procedures for tentative and final subdivision maps.
(b) A parcel map shall be based on a field survey in accordance with the Land Surveyors Act if street, water, sewer or storm drain easements are required to be dedicated by the map or by a separate instrument. When such dedications are not required, the map can be compiled from recorded or filed data when sufficient information exists on filed maps to locate and retrace the boundaries of the map and at least one boundary can be established from an existing monument line.
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(Supp. No. 10)
(Ord. No. 06-641, 4-4-2006)
Sec. 9-3.305. Parcel Map Waiver: Criteria and Application. (a) The filing of a tentative or final parcel map may be waived at the discretion of the Planning Director if Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter{¼) of a quarter(¼) section.
{b) The application for a waiver of parcel map shall include the following information on the form more specifically required by the Planning Director:
(1) A completed City of California City Subdivision Application, grant deed, legal description and map of the parcel;
(2) Legal description of each of the proposed parcels prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal; (3) Two (2) copies of a preliminary title report for the affected property; (4) Hazardous Waste Verification Statement; and
(5) A legible, recordable map showing the proposed land division. The map shall be submitted on a minimum 8½" x 11" sheet and shall contain the following statement: "This map is provided for illustrative purposes only."
( c) The application shall be accompanied by the fee established by resolution of the Council. (d) The request for the waiver shall be denied if:
(1) The proposed waiver is inconsistent with the General Plan, applicable specific plan, or applicable provisions of the Municipal Code;
(2) The site is not physically suitable for the proposed type of development; (3) The site is not physically suitable for the proposed density of development; (4) The design of the project or the proposed improvements are likely to cause serious public health problems; and
(5) The design of the project or the proposed improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, but the Planning Director may approve a request for waiver if the Planning Director finds alternate easements for access or for use will be provided which are substantially equivalent to the easements previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Director to determine the public at large has acquired easements for access through or use of property within the proposed project.
(e) The Planning Director shall report to the applicant and the Planning Commission on the application at least fifteen days prior to the proposed effective date of the Planning Director's decision. The decision of the Planning Director may be appealed to the Planning Commission by a written appeal filed with the Planning Secretary during the fifteen-day period.
(f) When the decision is final, the City Planning Director shall record a Certificate of Compliance and appropriate attachments reflecting the approved waiver if the following conditions have been met:
(1) The applicant has submitted grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the Planning Director has determined the grant deed or ~eeds are in created: 2022-05-13 14:23 :30 [EST]
(Supp. No. 10)
substantial compliance with the approved waiver, and the grant deed or deeds contain the words "FOR PURPOSES OF PARCEL MAP WAIVER NO. ___ ." In lieu of submitting the grant deed or deeds, the applicant's title company may issue a "Letter of Intent" to arrange simultaneous recording of deeds with the Certificate of Compliance.
(2) The grant deed or deeds, and beneficiary consent, if applicable, shall be recorded concurrently and shall constitute constructive notice of the parcel map waiver. (3) A guarantee of title or a preliminary title report dated ten or less days prior to concurrent recording of deeds and Certificate of Compliance, has been issued by a title company authorized to do business in California, showing all parties having record title interest in the land to be subdivided, or any part thereof, including, but not confined to, leaseholders, lien holders, and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the Official Records, by book and page, as of the date the waiver of parcel map is filed with the County for recording. The liability of such guarantee of title, if one is issued, shall be not less than $1,000.00. In lieu of an updated preliminary title report, the title company may submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report.
(4) Applicable recording fees have been paid, or arrangements have been made for all documents to be recorded by the title company.
(5) Other conditions of approval for the parcel map waiver have been satisfied. (g) An approval or conditional approval of a waiver shall expire one year from the date of approval of the waiver. The property owner may request an extension of the expiration date of the approved parcel map waiver by written application to the Planning Director. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension and the amount of time requested. The Planning Director shall approve or deny the request for extension. The maximum amount of time for each extension request shall not exceed one year. Not more than three extensions shall be approved for a parcel map waiver, and the total period of all extensions shall not exceed thirty-six months. (h) Minor revisions to an approved waiver of parcel map may be approved by the Planning Director upon application by the property owner or authorized agent, provided: such changes are consistent with the intent of the original approval; the original conditions need not be modified; and there are no resulting violations of the Municipal Code. Approved revisions shall be denoted on the approved waiver map and/or in writing to the property owner, whichever is appropriate. No revision shall affect the original expiration date of the approved waiver. The Planning Director may require a new application in lieu of the above procedure when, in the Planning Director's opinion, requested changes are substantial enough to warrant refiling and reprocessing.
(Ord. No. 07-646, 4-17-2007)
Sec. 9-3.306. Parcel Map Waiver: Appeal.
(a) The decision of the Planning Director may be appealed to the Planning Commission. A public hearing shall be conducted by the Commission within sixty days from the date the application is approved by the Planning Director. At least ten (10) days' notice of the public hearing shall be given by publication and by mail to: the property owner, the applicant, each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services, the owners of property within three hundred (300) ft. of the exterior boundaries of the subject property, and any person who has filed a written request for such notice. In lieu of mailed notice, notice may be posted not more than three hundred (300) ft. apart along each street upon Creat ed: 2022-05-13 14: 23:30 [EST]
(Supp. No. 10)
which the subject property abuts for a distance of not less than three hundred (300) ft. in each direction from the exterior limits of the subject property.
(b) The applicant or authorized representative and interested persons may appear at the hearing and be heard.
The hearing may be continued, if, prior to adjournment or recess, the Planning Director or designated representative, announces the time and place to which the hearing will be continued. (c) The Planning Commission may approve, conditionally approve, or deny the application following the close of the public hearing. The decision shall be fina l ten (10) days after notice unless appealed to the council.
Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and persons filing a written request for notice of the decision. ( d) The applicant or other aggrieved person may appeal to the Council from the decision of the Commission by filing a written notice of appeal with the Planning Director within ten days of notice of the decision. The Planning Director shall forward the appeal to the Clerk of the City Council who shall set the matter for hearing within thirty days after the date of filing the appeal. Notice of the hearing on the appeal shall be given in the same manner as notice for the hearing before the Commission. The City Council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from. The decision of the City Council shall be final upon adoption of a resolution containing its determination, and no further notice need be given.
(Ord. No. 06-641, 4-4-2006)
Sec. 9-3.307. Procedure for Amending Map.
(a) A person who desires to file an amending map after a final subdivision map or final parcel map has been filed shall present the proposed amending map and the established fee to the Planning Secretary. The Secretary shall obtain the comments of the Planning Director and the Director of Public Works as to whether the proposed map conforms with the criteria set forth below. The comments of the Planning Director and Director of Public Works shall be presented to the applicant who shall make recommended corrections, if any, or request the matter be placed before the Planning Commission for action. (b) If no corrections are required or when required corrections are made, the Planning Secretary shall schedule a public hearing on the proposed map upon the giving of such notice as required for the underlying map. (c) The Planning Commission shall approve the proposed map if the Commission makes the findings set forth in the criteria listed below. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council in the same manner as tentative parcel maps.
Sec. 9-3.308. Criteria for Amending Map.
(a) An amending map may be approved for filing if the Planning Commission finds the following conditions exist:
(1) The proposed map addresses changes in circumstances which make the conditions of the prior map no longer appropriate or necessary;
(2) The modifications do not alter rights, titles or interests in the real property reflected on the recorded map; and
(3) The modified map conforms with the Map Act.
(b) An amending map shall conform to requirements concerning content and form of a final subdivision map or a final parcel map, as the case may be.
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(Supp. No. 10)
Sec. 9-3.309. Expiration of Tentative Maps and Extension of Time to File Final Maps. (a) Approved or conditionally approved tentative subdivision or tentative parcel maps expire twenty-four (24) months after approval or conditional approval. The expiration of a tentative map terminates proceedings and no final map or parcel map shall be filed without first processing a new tentative map. Delivery to the City Engineer shall be deemed a timely filing. Once a timely filing is made, subsequent acts of the City, including, but not limited to processing, approving and recording, may occur after expiration date of the tentative map. (b) Upon written application by the property owner filed before a tentative map expires, the Planning Director may extend the time for filing a final subdivision or parcel map by up to twelve (12) months. The director must find the extension is in the best interests of the City. The refusal of the Director to permit an extension may be appealed by the property owner to the Planning Commission within fifteen (15) days after the Director's action. The decision of the Commission is final. (c) The Planning Commission may extend the expiration date of the tentative map by up to thirty-six (36) months in addition to the period of extension described above. If the subdivider applies for an extension prior to the expiration of the tentative map, the map shall be automatically extended for sixty (60) days or until the application for extension is acted upon, whichever occurs first. If the Commission denies the application, the subdivider may appeal to the City Council within fifteen (15) days after the Commission's action.
(d) If the subdivider is required to expend $125,000.00 or more for the construction of public improvements related to the development of the property but outside the boundaries of the tentative map, excluding rightof-way improvements that abut the boundary of the property, each filing of a phased final map shall extend the date of expiration of the tentative map by 36 months but in no event more than one hundred twenty (120) months from the approval or conditional approval of the tentative map. The value of improvements that will trigger this subsection will be changed from time-to-time by the State Allocation Board to reflect changes in the statewide cost index.
(e) The time for filing the final map shall be extended for up to five (5) years during the pendency of a development moratorium imposed after the approval of the tentative map. When the development moratorium expires, the map shall be valid for the same period of time that was left to run at the time the moratorium was imposed, but in no event less than one hundred twenty (120) days.
ARTICLE 4. REQUIREMENTS
Sec. 9-3.401. General.
The City shall disapprove a map for failure to meet the requirements imposed by the Map Act or by this chapter. The Planning Commission may recommend, and the City Council may approve, a waiver of the requirements of this chapter when the failure is the result of a technical or inadvertent error which, in determination of the Planning Commission, does not materially affect the validity of the map.
Sec. 9-3.402. Dedications: Certain Public Improvements.
The property owners shall dedicate or provide and irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. The Planning Commission may recommend, and the Council may require, the dedication of irrevocable offer of dedication of land within the subdivision for local transit facilities if the requirements of the Map Act are met. Dedications or offers of dedications of streets shall include a waiver of direct access rights to any Created: 2022-05-13 14: 23:30 ( EST)
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such street from any property shown on a final or parcel map as abutting thereon and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.
Sec. 9-3.403. Dedications: Park and Recreational Purposes.
The project proponent shall dedicate land or pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes as a condition to the approval of a tentative map or parcel map, provided the amount of land dedicated or fees paid shall be based upon the criteria set forth in the Map Act and the following:
(a) The amount of land required to be dedicated for park or recreational purposes pursuant to this Article shall be based on the gross area included in the subdivision determined by the following formula:
Maximum Area Percentage of the Gross
Per Dwelling Unit Area of the Land Required
to be Dedicated
1 unit per acre or less 2%
30,000 square feet 3%
20,000 square feet 4%
10,000 square feet 6%
9,000 square feet 7%
6,000 square feet 8%
4,000 square feet 15%
3,000 square feet 20%
(b) The Commission may require fees to be paid for the development of park or recreational facilities in lieu of or in combination with the dedication of land for such purposes. If the Commission requires fees to be paid in combination with the dedication of land, the total obligation imposed shall not exceed the fees which would have been required by the preceding paragraph. (c) Where a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to this Article. The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the following formula:
Minimum Lot Size Square Feet of Land
Required Per Gross
Acre of Subdivision
1 unit per acre or less 871 square feet
30,000 square feet 1,316 square feet
20,000 square feet 1,760 square feet
10,000 square feet 2,631 square feet
9,000 square feet 3,101 square feet
6,000 square feet 3,659 square feet
4,000 square feet 6,586 square feet
3,000 square feet 8,782 square feet
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The fair market value of the land shall be determined by a written report prepared by a qualified appraiser acceptable to the City. The cost of the appraisal shall be borne by the developer. The appraisal shall be made immediately prior to the filing of the final map. (d) The money collected as fees in lieu of land dedication shall be placed in a special fund and used to acquire park lands or enhancing the recreational potential of existing parks for the benefit of new residents.
(e) The dedication of land for park or recreational purposes, or the payment offees in lieu thereof, shall be a condition to the approval of a final subdivision map or final parcel map provided: only the payment of fees shall be required in subdivisions containing fifty (SO) parcels or less in divisions not defined as a subdivision;
(f) This Article relating to dedications does not apply to:
(1) Subdivisions containing less than five (5) parcels and not used for residential purposes; (2) Industrial subdivisions;
(3) Condominium projects which consists of the subdivision of airspace in an existing apartment building which is more than five (S) years old when no new dwelling units are added; (4) Parcel maps for a subdivision containing fewer than five (5) parcels for a shopping center containing more than three hundred thousand (300,000) square feet of gross leaseable area and no residential development or uses.
(g) The development of the park or recreational facilities in a subdivision on property dedicated to the City pursuant to this Article shall commence within sixty (60) days after fifty (50%) of the lots or parcels within the subdivision are occupied. If such property is, or may be, further divided, such development shall not be commenced until 50% of the maximum number of lots which may be created within the parcel in conformity with the City's general plan or zoning laws have been occupied. (h) The development of land for park and recreational purposes within a parcel of land not defined as a subdivision shall commence within sixty (60) days after the lots or parcels within such area are 50% occupied. If such propert y may be further divided, such development shall not be commenced until 50% of the maximum number of lots which may be created within the parcel in conformity with the City's general plan or zoning laws have been occupied.
(i) Development of park or recreational facilities shall be deemed to have commenced when the Council decides to develop such facilities. The development of such land for park or recreational facilities shall be completed within a reasonable time following commencement, having due regard for the extent and nature of the proposed development; provided however, in no event shall the substantial completion of such facilities occur more than twelve (12) months after the commencement thereof.
Sec. 9-3.404. Dedications: Schools.
A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district or districts within which such subdivisions are to be located, such land as the Council shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.
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Sec. 9-3.405. Street Dedication and Improvement.
(a) A person applying for a tentative subdivision or parcel map approval shall dedicate and improve a right-ofway to the City for public road purposes if such dedication is necessary for access to the affected property.
The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the City's General Plan.
(b) When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.
Sec. 9-3.406. Reservations.
Areas of real property within the subdivision shall be reserved for parks and recreational facilities, fire stations, libraries, and other public uses subject to the conditions of the Map Act.
Sec. 9-3.407. Fees: Drainage and Sewer Facilities.
Whenever a drainage or sanitary sewer plan has been adopted for a particular drainage or sanitary sewer area, and such plan contains an estimate of the total cost of constructing the local drainage or sanitary sewer facilities required by the plan, including a map of such area showing its boundaries, and location of such facilities has been adopted, the Planning Commission may recommend, and the City Council may require, the payment of fees for the purpose of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas.
Sec. 9-3.408. Fees: Bridges or Major Thoroughfares.
(a) The Planning Commission may require the payment of a fee as a condition for the approval of a final subdivision or parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares. A public hearing shall be first conducted in accordance with the Map Act for each area benefited.
(b) At such public hearing, the boundaries of the area benefited, the cost, whether actual or estimated, and a fair method of allocation of the costs to the area of benefit and fee apportionment shall be established. The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. Payment of fees shall not be required unless the planned bridge facility ls an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of t he adoption of the boundaries of the area of benefit.
( c) If protests are not filed prior to the conclusion of the public hearing with the City Clerk by owners of more than one-half of the area of the property to be benefited by the improvement and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then t he Created: 2022-05- 13 14 : 23:30 [ EST)
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proposed procedure shall be abandoned and the Commission shall not for one year from the filing of written protest commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section. Consideration other than the payment of fees may be accepted.
Sec. 9-3.409. Fees: Groundwater Recharge Facilities.
(a) The Planning Commission may require the payment of a fee as a condition of approval of a final subdivision map or final parcel map or as a condition of issuing a building permit to an area of benefit under a groundwater recharge facility plan to construct recharge facilities for the replenishment of the underground water supply in such area of benefit. Before a groundwater recharge facility plan is adopted, a public hearing will be conducted by the Commission for the proposed area of benefit and, if approved, the groundwater recharge facilities plan shall be established at such public hearing. (b) If, prior to the conclusion of such hearing, there is written protest filed with the City Clerk by the owners of more than one-half(½) of the area of the property to be benefited by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half(½) of the property to be benefited, the proceedings shall be abandoned and the Council shall not, for one (1) year from the filing of that written protest, commence or carry on proceedings for the same improvement or acquisition under this Article.
Sec. 9-3.410. Reimbursement.
The Planning Commission may require the improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public. The subdivider shall be reimbursed for the costs of such facilities in accordance with the Map Act.
Sec. 9-3.411. Soils Reports.
(a) The Planning Commission may waive the preliminary soils report if the Commission determines that, due to the knowledge it has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary. (b) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be recommended by the Planning Commission.
Sec. 9-3.412. Monuments.
At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and the requirements of this chapter.
Sec. 9-3.413. Standards.
The Commission shall form time to time adopt regulations by resolution setting forth the minimum standards for the scope and quality of public improvements.
ARTICLE 5. IMPROVEMENT SECURITY
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