California City City Council
July 5, 2024

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
(3) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

Sec. 5-1.8.103. Permit and License Required.
(a) No sexually oriented business shall operate without a valid sexually oriented business permit issued by the City for the particular type of business. It shall be unlawful to operate a sexually oriented business without such permit.
(b) Each individual to be employed in a sexually oriented business, who engages in the services rendered by a nude model studio, sexual encounter establishment, or a live performer or entertainer, shall obtain a Sexually Oriented Business Employee License.

Sec. 5-1.8.104. Authority delegated.
(a) The City Manager or designee shall grant, deny, revoke, renew, suspend, and cancel sexually oriented business permits for proposed or existing sexually oriented businesses. The City Manager or designee shall ascertain whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of the City's zoning regulations now in effect or as amended or enacted subsequent to the effective date of this Section.
(b) The California City Police Department shall provide information on whether an applicant has been convicted of a specified criminal act during the time period set forth. (c) The City is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

DIVISION 2. APPLICATIONS
Sec. 5-1.8.201. Permit application.
(a) Any person desiring to operate a sexually oriented business shall file with the City an original and two copies of a sworn permit application on the standard application form supplied by the City or designee. (b) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(i) An individual: The individual shall state legal name and any aliases and submit satisfactory proof the applicant is at least eighteen years of age;
(ii) A partnership: The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; (iii) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

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(2) If the applicant intends to operate the sexually oriented business under a name other than the applicant; the applicant must state the sexually oriented business's fictitious name and submit the required registration documents.
(3) Whether the applicant or any of the other individuals listed pursuant to this Section, within the two or five year period (as specified below) immediately preceding the date of the application, has been convicted of a specified criminal act, and, if so, the specified criminal act, the date of conviction and the place of conviction.
(4) Whether the applicant or any of the other individuals listed in the application pursuant to this Section has had a previous permit under the Article or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is identified under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (5) Whether the applicant or any other individual listed under this Section holds any other permits or licenses under this Code or other similar sexually oriented business ordinances from another city or county and, if so, the names and locations of such other permitted businesses. (6) The single classification of permit for which the applicant is filing. (7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) The applicant's mailing addresses and residential address. (9) A recent photograph of the applicant(s).
(10) The applicant's driver's permit number, Social Security number, and State or federally issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(12) A straight-line drawing prepared by a registered land surveyor or civil engineer depicting the property lines and the structures containing any established existing uses regulated by this Code within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this Section, other than a "line performance," a use shall be considered existing or established if it is in existence at the time an application is submitted. For permit renewals, the original survey may be filed in lieu of a new survey.
(13) If the applicant is an individual, the applicant must sign the application for a permit as applicant. If the applicant is other than an individual, each individual who has a 10% or greater interest in the business must sign the application as applicant. If a corporation is the owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application as applicant.

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(14) If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, the applicant shall also comply with the application requirements set forth below concerning exhibitions of sexually explicit films or videos in video booths. (c) Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section if such information changes in any way from what is stated on the application. The failure to comply with this continuing duty within thirty days from the date of such change, by supplementing the application on file with the City Manager or designee, shall be grounds for suspension of a permit.
(d) If the City Manager or designee determines or learns at any time the applicant has improperly completed the application for a proposed sexually oriented business, the City Manager shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(e) The applicant shall pay a non-refundable application fee at the time of filing an application in an amount from time-to-time established by the council by resolution. (f) Prior to obtaining any permit or license to operate any sexually oriented business defined in this Article, and as part of any application for a permit under this Chapter, the applicant shall obtain from the City a certification that the proposed location of such business complies with the locational requirements of Title 9 of this Code.
(g) The fact a person possesses other types of State or City permits or licenses does not exempt a person from the requirement of obtaining a sexually oriented business permit. (h) By applying for a permit under this Article, the applicant shall be deemed to have consented to the provisions of this Article and to the exercise by the City Manager or his/her designee, the California City Police Department and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this Article. (i) The applicant shall provide the City with the names of any and all employees who are required to be licensed pursuant to this Article. This shall be a continuing requirement even after a permit is granted or renewed.

Sec. 5-1.8.202. License Applications.
(a) Before any applicant may be issued a Sexually Oriented Business Employee License, the applicant shall submit on a form to be provided by the City Manager or designee the following information:
(1) The applicant's name or any other names (including 'stage' names) or aliases used by the individual; (2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) State driver's license or identification number;
(7) Social Security number; and
(8) Acceptable written proof that the individual is at least eighteen (18) years of age.

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(9) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the California City Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant. (10) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(11) Whether the applicant has been convicted of a "specified criminal" act described in this Article. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.
(b) The City Manager or designee shall refer the Sexually Oriented Business Employee License Application to the California City Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within thirty days from the date the completed application is filed. After the investigation, the City Manager or designee shall issue a license unless the report from the California City Police Department finds one or more of the following is true:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the sheriff's department or other department of the city;
(2) The applicant is under eighteen years of age;
(3) The applicant has been convicted of a "specified criminal act" as defined in this Article; (4) The Sexually Oriented Business Employee License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this Article;
(5) The applicant has had a Sexually Oriented Business Employee License revoked by the city within two (2) years of the date of the current application;
(c) A license granted pursuant to this Section shall be subject to annual renewal by the City Manager or designee upon the written application of the applicant and a finding by the City Manager or designee and the California City Police Department that the applicant has not been convicted of any "specified criminal act" as in this Article or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application. The renewal of the license shall be subject to payment of a fee as set by a resolution of the City Council.

Sec. 5-1.8.203. Investigation.
(a) Upon receipt of an application properly filed with the City and upon payment of the non-refundable application fee, the City Manager or designee shall immediately stamp the application as received and shall immediately send photocopies of the application to the California City Police Department and any other City agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this Article. This investigation shall be completed within twenty (20) days of receipt of the application by the City or its designee. At the conclusion of each investigation, each department or agency shall indicate on the photocopy of the Created: 2022-05-13 14:23:11 [EST]
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application approval or disapproval of the application, date, signature, and, disapproved, state the reasons therefor. The California City Police Department shall only be required to certify the NCIC records request check. The California City Police Department shall not be required to approve or disapprove applications. (b) The City shall disapprove an application if it finds the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department shall immediately return the photocopy of the application to the City Manager or designee.
(c) The applicant must be qualified according to the provisions of this Article and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.

Sec. 5-1.8.204. Action on Application.
(a) The City Manager or designee shall grant or deny an application for a permit within sixty (60) days from the date of its proper filing. The application shall be deemed approved on the sixtieth day, unless the City Manager or designee denies the application and states the reasons(s) for that denial. (b) If granted, the permit shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate the Sexually Oriented Business whether permitted or not may be subject to prohibitions against Public Nudity and Indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 111 S.Ct. 2456 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time. (c) Denial of Application for Permit. The City Manager or designee shall deny the application for any of the following reasons:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or an applicant's spouse is overdue on payment to the City of taxes, fees, fines, or penalties assessed or imposed in relation to a sexually oriented business. (3) An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve months. (4) An applicant has failed to provide information required by this Article or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.
(5) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.
(6) The permit fees required by this Article have not been paid. (7) An applicant is in violation of, or is not in compliance with, any of the provisions of this Article including but not limited to the zoning locational requirements for a sexually oriented business under Title 9 of this Code.
(8) The granting of the application would violate a statute, ordinance, or court order. (9) The applicant has a permit under this Article which has been suspended or revoked. (10) An applicant has been convicted of a "specified criminal" act for which:

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(i) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; (ii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; (iii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty-four-month period; (iv) The fact a conviction is being appealed shall have no effect on disqualification of the applicant; An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time period mentioned above has elapsed. (v) An applicant has knowingly employed an employee who does not have a valid license as required by this Article.
(vi) The applicant applies for a permit for a particular location within a period of twelve months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. (vii) If the City Manager or the City Manager's designee, denies the application, he/she shall notify the applicant of the denial and state the reasons(s) for the denial.

DIVISION 3. PERMITS
Sec. 5-1.8.301. Annual Fee.
(a) The holder of a sexually oriented business permit shall pay an annual fee as established by the Council by resolution.
(b) Each applicant for an employee license shall pay a permit fee is to cover reasonable administrative costs of the licensing application process in an amount from time-to-time established by the Council by resolution.

Sec. 5-1.8.302. Inspection.
(a) An applicant or permittee shall permit representatives of the Code Enforcement Office, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. (b) It shall be unlawful and a person who operates a sexually oriented business or the agent or employee of the operator, regardless of whether or not a permit has been issued for the business under this Article, and such person commits a misdemeanor for refusing to permit such lawful inspection of the premises at any time it is occupied or open for business.

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Sec. 5-1.8.303. Expiration of Permit.
(a) Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in this Article. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.
(b) When the City Manager or designee denies renewal of the permit, the applicant shall not be issued a permit under this Article for one (1) year from the date of denial. If, subsequent to denial, the City Manager or designee finds the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety days have elapsed since the date the denial became final.

Sec. 5-1.8.304. Suspension of Permit.
(a) The City Manager or designee shall suspend a permit for a period not to exceed thirty days if the City Manager determines a permittee, or an employee of a permittee, has:
(1) Violated or is not in compliance with any section of this Article; or (2) Been under the influence of alcoholic beverages while working in the sexually oriented business premises; or
(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this Article; or
(4) Knowingly permitted gambling by any person on the sexually oriented business premises; or (5) Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, the determination being based on investigation by the department charged with enforcing such rules or laws. In the event of such violation, the City Manager or designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the City Manager or designee shall forthwith suspend the permit and shall notify the permittee of the suspension. (6) Engaged in a permit transfer contrary to the intent of this Article. If the City or its designee, suspends a permit on the ground a permittee engaged in a permit transfer contrary to this Article, the City Manager or designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Article has been satisfied. (7) Operated the sexually oriented business in violation of the hours of operation. (8) Knowingly employs a person who does not have a valid license as required by this Article. (b) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

Sec. 5-1.8.305. Revocation of Permit.
(a) The City Manager or designee shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding twelve (12) months.
(b) The City Manager or designee shall revoke a permit upon determining that:
(1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or Created: 2022-05-13 14:23:12 [EST]
(Supp. No. 10)

(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or
(3) A permittee or an employee has knowingly allowed prostitution on the premises; or (4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or
(5) A permittee has been convicted of a "specified criminal act" for which the time period required in by this Article has not elapsed; or
(6) On two or more occasions within a twelve-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact a conviction is being appealed shall have no effect on the revocation of the permit; or
(7) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business; or
(8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
(9) A permittee has been operating more than one (1) sexually oriented business under a single roof except as provided in Title 9 of this Code.
(c) When the City Manager or designee revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the City Manager or designee finds the basis for revocation has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective.

Sec. 5-1.8.306. Judicial Review of Permit Denial, Suspension or Revocation.

After denial of an application or a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action by the Planning Commission. If the denial, suspension or revocation is affirmed upon review, the administrative action shall be promptly reviewed by the City Council. The decision of the City Council is final unless changed by a court of competent jurisdiction.

Sec. 5-1.8.307. Transfer of Permit.
(a) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit. (b) A permittee shall not transfer a permit to another person unless and until such other person satisfies the following requirements:
(1) Obtains an amendment to the permit from the City Manager or designee which provides the transferee is the permittee, which amendment may be obtained only if the transferee has completed and properly filed an application with the City Manager or designee, setting forth the information required of applicants for permits under this Article; and
(2) Pays a transfer fee of 20% of the annual permit fee.

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(Supp. No. 10)

(c) No permit may be transferred when the City Manager or designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee. (d) A permittee shall not transfer a permit to another location. (e) Any attempt to transfer a permit either directly or indirectly in violation of this Section is void and the permit shall be deemed revoked.

DIVISION 4. REGULATIONS
Sec. 5-1.8.401. Exhibition of Sexually Explicit Films or Videos in Video Booths. (a) A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to the business under this Article, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City Manager or designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant. (b) No alteration in the configuration or location of a manager's station may be made without the prior approval of the City Manager or designee.
(c) The owners and operator of the premises shall ensure at least one employee is on duty and situated at each manger's station at all times any patron is present inside the premises. (d) The interior of the premises shall be configured in such a manner so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, the interior of the premises shall be configured in such a manner there is an unobstructed view of each area of the premises to which any patron is permitted access from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(e) The owners and operator, and any agents and employees present on the premises shall ensure the view area specified herein remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to ensure no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section. (f) No viewing room may be occupied by more than one person at any time.

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(g) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2.0) foot candles as measured at the floor level.
(h) The owners and operator and any agents and employees present on the premises shall ensure the illumination described above is maintained at all times that any patron is present on the premises.

Sec. 5-1.8.402. Minors and Sexually Oriented Businesses.

A person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and knowingly or with reasonable cause to know, permit, suffer, or allows:
(1) Admittance of a person under eighteen (18) years of age to the business premises unless accompanied by a parent or guardian;
(2) A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;
(3) A person under eighteen (18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or (4) A person who is under eighteen (18) years of age to work at the business premises as an employee.

Sec. 5-1.8.403. Advertising.
(a) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and advertises the presentation of any activity prohibited by any applicable State statute or local ordinance. (b) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business. (c) The permittee shall not allow any portion of the interior premises of a sexually oriented business to be visible from outside the premises.
(d) All off-street parking areas and premises' entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. This required lighting level is established to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

Sec. 5-1.8.404. Hours of Operation.
(a) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

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(b) It shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1:00 a.m. and 9:00 a.m.

Sec. 5-1.8.405. Nudity at Sexually Oriented Businesses Not Offering for Sale Alcoholic Beverages Subject to Prohibition Pursuant to the U.S. Supreme Court Decision in Barnes v. Glen Theatre, Inc.

Public nudity is prohibited within the City, including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended.

DIVISION 5. ENFORCEMENT
Sec. 5-1.8.501. Criminal Prohibitions For The Operation of A Sexually Oriented Business Without A Valid Permit.
(a) The following additional criminal provisions shall also apply to sexually oriented businesses in addition to the criminal provisions found at other sections of this Article. (b) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and said person knows or should know that:
(1) The business does not have a sexually oriented business permit under this Article for any applicable classification;
(2) The business has a permit which is under suspension; (3) The business has a permit which has been revoked; or (4) The business has a permit which has expired.

Sec. 5-1.8.502. Exemptions.
(a) It is a defense to prosecution for any violation of this Article that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or (3) In a structure:
(i) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(ii) Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(iii) Where no more than one (1) nude model is on the premises at any one time.

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(Supp. No. 10)

(b) It is a defense to prosecution for a violation of this Article that an employee of a sexually oriented business, regardless of whether or not it is permitted under this Article, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

Sec. 5-1.8.503. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief. (a) In addition to whatever penalties are applicable under the Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this Article, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed sixty (60) days, or both, in the discretion of the Court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. (b) Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(c) Further, nothing in this Section shall be construed to prohibit the City from prosecuting any violation of this Article by means of a Code Enforcement Board established pursuant to the authority as provided by the laws of the City.
(d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

Sec. 5-1.8.504. Immunity From Prosecution.
(a) The City Manager and designee, the California City Police Department and all other departments, and all other City officers, agents and employees, charged with enforcement of State and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this Article. (b) It is unlawful for anyone to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. (c) Such devices, instruments or paraphernalia include but are not limited to; phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sado-masochistic abuse. (d) A violation of this section is a misdemeanor punishable by a fine of up to $1000.00 and six (6) months incarceration or both.

ARTICLE 9. OTHER
Sec. 5-1.901. Covering or Capping Required.

Abandoned septic tank, well, pit, or other abandoned excavation, more than five (5) feet in depth and not less than four (4) feet in width at its greatest dimension, shall be covered and capped so there is no danger to persons.

Created: 2022-05-13 14:23:12 [EST]
(Supp. No. 10)

Sec. 5-1.902. Reserved.

Editor's note(s)—Ord. No. 14-724, § 1, adopted Oct. 7, 2014 , repealed former § 5-1.902 in its entirety which pertained to residency restrictions for sex offenders.

CHAPTER 2. GAMES
ARTICLE 1. BILLIARD AND POOL HALLS
Sec. 5-2.101. Licenses.
(a) A license shall be secured for pool rooms and billiards halls. (b) Places where billiard tables or pool tables are maintained for public use shall be and remain closed between the hours of 2:00 a.m. and 6:00 a.m. of every day.
(c) No minor shall be permitted in a poolroom, or other gaming place unless accompanied by parent or guardian or if the minor has in possession written permission of parent or guardian to engage in such activities. such written permission shall be presented, upon demand, to the owner, proprietor, or operator of such establishment and to legally constituted officers of the City. (d) This section shall not permit minors to be present in a public billiard hall, poolroom, or other gaming place within the City where distilled spirits are sold or consumed. (e) No owner, proprietor, or operator of a public billiard hall, poolroom, or other gaming place within the City where beer, wine, or distilled spirits are sold or consumed shall permit any violation of this Article.

ARTICLE 2. COIN-OPERATED GAME MACHINES
Sec. 5-2.201. General.
(a) No person shall rent, lease, or sell a game machine in the City without a license from the City. Such license shall be referred to as an "operator's license."
(b) No person shall use a game machine or offer a game machine for use by other persons without first having secured a license from the City. Such license shall be referred to as a "game machine license." (c) No license shall permit a person under the age of fourteen (14) years to operate a game machine without being accompanied by a parent or guardian.
(d) For the purposes of this Article, "game machine" means a machine, device, or apparatus, the operation or use of which is permitted, controlled, or made possible by the deposit or placing or any coin, plate, disc, slug, or key into any slot, crevice, or other opening, and which is offered for use as a game or contest of any description of for amusement, or which may be used for any such game or contest or for amusement. A game machine which is so constructed or regulated that it may be activated or operated from more than one (1) coin box, slot, or position, shall be considered to be one (1) game machine only.

Created: 2022-05-13 14:23:12 [EST]
(Supp. No. 10)

Sec. 5-2.202. Exceptions.
(a) This Article does not permit the licensing, maintenance, or operation of a game machine forbidden by State law or permit the operation of a game machine in such a manner as to constitute gambling or otherwise be contrary to State law.
(b) This Article shall not apply to a vending machine designed and operated as to sell and deliver merchandise, furnish a service only, equivalent in market value to the value of the coins deposited without the payment or delivery, or the promise of payment or delivery, of anything except the merchandise kept for sale or the service offered therefor.

Sec. 5-2.203. Application.

A person who desires a license under this Article shall make application to the City Clerk on a form provided by the City Clerk.

Sec. 5-2.204. License.

The City Clerk shall issue the license when the application is complete.

Sec. 5-2.205. Licenses: Suspension: Revocation.

The Council may suspend or revoke an operator's license or game machine license.

ARTICLE 3. BINGO GAMES
Sec. 5-2.301. General.

No person shall conduct a bingo game without a permit from the City.

Sec. 5-2.302. Definitions.

The following words are defined for the purposes of this Article:
(a) "Bingo Game" means such a game as is defined in the California Penal Code. (b) "Charitable Organization" means such an organization as is defined in the California Penal Code.

Sec. 5-2.303. Applications.

A person who proposes to conduct a bingo game within the City must provide the City Clerk with the following information authenticated by verification:
(1) Date of application;
(2) Name of applicant;
(3) Legal capacity of applicant, e.g., corporation, partnership, individual; (4) Mailing address of applicant;
(5) Proposed location of bingo game.

Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

(6) Description of the building where the bingo game is to be conducted, including dimensions and type of construction.
(7) Statement the building conforms to applicable laws; (8) Statement the applicant understands the application shall be considered by the City Council only after full investigation and a report thereon has been made by designated City officials; (9) Statement no intoxicating liquors or beverages will be sold, given away, dispensed or consumed in the area designated for bingo games;
(10) Statement the permittee will conform to State and City laws; (11) Statement the applicant has read and understands this Article; (12) Financial statement indicating the operators are capable of meeting the financial requirements of this Article.

Sec. 5-2.304. Investigation and Report.

The Chief of Police, or designee, shall conduct an investigation of the character and integrity of each applicant within thirty (30) days from the date of the application and submitted to the Council at the next regular meeting date subsequent to the conclusion of the investigation.

Sec. 5-2.305. Action on Application.
(a) The City Council may deny the application for a bingo permit if:
(1) The investigation report indicates the applicant does not possess a reputation for good character and integrity;
(2) The financial statement indicates the applicant will be unable to meet the financial obligation imposed by the City; or
(3) For other cause.
(b) If application is denied, the applicant shall be provided with a written statement detailing the reasons for the Council's determination and the applicant shall be given an opportunity to present rebuttal evidence to the Council in writing within twenty (20) days from the date of notification of the Council's action.

Sec. 5-2.306. Permit Conditions.

Each permit shall include the following terms and conditions:
(a) No person who has been convicted of a felony or crime of moral turpitude may participate in the operation of a bingo game.
(b) The bingo games shall be conducted in a building which complies with laws. (c) The operator of the bingo games shall comply with the Penal Code. (d) Bingo games may be conducted only between the hours of 12:00 noon and 12:00 midnight and not more than three (3) days per week. No bingo session shall exceed six (6) continuous hours and not more than one (1) bingo session shall be permitted in any one day by any one permittee. The permittee may not conduct additional bingo sessions at locations where three (3) sessions have been authorized by the City to be conducted during that week. For the purposes of this subsection, a week begins on Sunday.

Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

(e) No person shall serve or consume alcoholic beverages within the rooms where bingo is being played. (f) No persons under the age of thirteen (13) shall operate or participate in a bingo game. (g) Bingo permit, rules and regulations and the permittee's rules of bingo operation shall be conspicuously posted at the public entrance to the room where bingo is played. Posted rules shall be readable, legible and accessible to participants.
(h) A member of the permittee's organization shall be designated as a bingo manager. The bingo manager shall be responsible for the conduct and operation of the bingo games and for compliance with all applicable laws, rules and regulations promulgated thereunder. The bingo manager shall be present during the playing of bingo games.
(i) The total value of prizes awarded for any one bingo game shall not exceed the limit set forth in California Penal Code 326.5, as it may be amended from time to time. Prior to the commencement of each game the prize shall be announced and a facsimile of the type of game to be played shall be clearly displayed to all participants. All prizes shall be awarded immediately following each bingo game. (j) Games shall be completed during each session.
(k) Bingo numbers shall be announced and displayed in full view of players. An adequate public address system shall be used for this purpose.
(l) Each card shall have an equal opportunity to win each game. (m) Advertising or publicity for bingo shall include reference to the valid bingo license permit number issued by the City.
(n) At least two (2) members of the permittee's organization shall jointly count bingo proceeds. Such proceeds shall be deposited into a special bingo account on the next banking day and shall not be commingled with other monies. The monies deposited in the special account may be transferred to another account or fund of the permittee's organization or to another account or fund of other organization or entity associated or affiliated with the permittee's organization for the purpose of implementing charitable expenditures of bingo proceeds, provided:
(1) No monies from sources other than bingo proceeds are placed in such fund; (2) The purpose of such fund is clearly designated as a part of the title or subtitle of the fund and in the books and records of the organization;
(3) Expenditures shall be for the purposes permitted by the Penal Code; (4) Disbursements from the special fund shall be by consecutively numbered checks signed by two (2) authorized officers of the permittee and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to "cash" other than for the payment of incidental bingo expenses. Such checks shall be marked "for deposit to the petty cash fund." Such petty cash fund shall not at any time contain more than $25.00 and a receipt shall be obtained for each disbursement indicating the amount disbursed, the individual or organization receiving the cash disbursement is made.
(o) No person shall play a bingo game on credit.
(p) Bingo financial records including books and records of the permittee and organizations or entities associated with or affiliated with the permittee for the purpose of disbursing charitable expenditures of bingo proceeds shall be available for inspection by the Chief of Police, or designee. ( Ord. No. 15-728, § 1, 1-20-2015 )
Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

Sec. 5-2.307. Revocation of Permit.
(a) The following shall be cause for revocation of a bingo permit:
(1) Determination the application for the permit contained untrue statements; (2) Violation of any federal, state, or local law;
(3) Failure to pay all fees in a timely manner;
(4) Violation of any permit condition;
(b) When a permit is revoked pursuant to this Article, the permittee may file a written appeal and a request a hearing before the City Council.

Sec. 5-2.308. Termination of Permits.

Permits issued shall expire on midnight one year from the date of issuance. The owner of unrevoked permit may apply to renew permit for an additional one-year term. Applications for renewal of permits shall contain the information which is required for the issuance of a permit in the first instance.

Sec. 5-2.309. Transfer and Modification.

Permits may not be transferred to a new location unless application for a new permit is made and the application is approved in accordance with this Article. A change in the items listed in the application shall be promptly reported to the City Clerk and Chief of Police in writing. Each change in the person described in the application shall be considered a license modification for which a fee from time-to-time established by the Council by resolution shall be paid to cover the cost of investigating the new person or persons and for the issuance of a modified permit.

ARTICLE 4. CARD CLUBS
Sec. 5-2.401. General.
(a) No person, owner or employee shall operate a card club without first having obtained a permit pursuant to this Article.
(b) No card club shall employ a person without such person having been photographed and fingerprinted by the Police Department within three (3) days prior to their employment.

Sec. 5-2.402. Definitions.

The following words are defined for the purposes of this Article:
(a) "Card Club" means a business or enterprise licensed for the playing of draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine.
(b) "Employee" means a person acting as agent, employee or otherwise, of the owner, as owner, or under the direction of the owner of any card club.
(c) "Owner" means persons, firms, associations, partnerships, corporations or other entities having an interest, legal or equitable, in a card club or card club license or permit.

Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

(d) "Operate" means to form, maintain or participate in the formation or maintenance of a card club.

Sec. 5-2.403. Applications.

A person who intends to operate a card club must provide the City Clerk with the following information authenticated by a verification:
(a) Date of application;
(b) Name of applicant;
(c) Legal capacity of the applicant, e.g., corporation, partnership, individual; (d) If applicant is an individual, present business address, mailing address and residential address; (e) If applicant is not an individual, information shall be presented for each partner or corporate officer; (f) Proposed location of the card club;
(g) Nature of game for which the license is to be issued; (h) Number of tables or other units to be placed, employed or used; (i) Description of the businesses to be conducted at the licensed location; (j) Description of the building including dimensions and type of construction; (k) Statement the building conforms to laws;
(l) Statement the applicant understands the application shall be considered by the Council only after a full investigation and a report made by the Police Department and building inspector or authorized representative;
(m) Statement recognizing no intoxicating liquors or beverages are to be sold, given away, dispensed, consumed or permitted in the area designated for the playing of draw poker or pan, except malt beverages or liquors may be sold and dispensed in an area designated for the playing of draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine under the following conditions:
(1) No free or "on the house drinks" may be served in the area designated as the "card room;" (2) No beverages shall be served on the surface of the "playing table" designated as the area for playing cards; and
(3) Beverages will be sold, dispensed or served on a compact portable "caddy" or "tray table" for the exclusive use of beverages or food service.
(n) Statement the permittee shall conform to State and City laws. (o) Statement the applicant has read and understood this Article; (p) Financial statement which indicates the owners of the card club are capable of meeting the financial requirements of this Article.

Sec. 5-2.404. Application Fees.

The owner shall deposit with the City Clerk a non-refundable application fee in an amount to be established from time to time by the City Council by resolution. Each employee employed by a card club shall pay an application fee also in the amount to be established by the City Council from time to time by resolution.

Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

Sec. 5-2.405. Investigation and Reporting.

The Chief of Police shall conduct an investigation of the character and integrity of each applicant within 30 days from the date of the application and submitted to the Council at the next regular meeting after conclusion of the investigation.

Sec. 5-2.406. Action Upon Application.
(a) The City Council may deny the application if:
(1) The investigation report indicates the applicant does not possess a reputation for good character and integrity:
(2) The financial statement indicates the applicant will be unable to meet the financial obligations imposed upon the card club by the City; or
(3) Other cause deemed material by the Council.
(b) If the permit is denied, the applicant shall be provided a written statement detailing the reasons for the determination and giving opportunity to present rebuttal evidence to the Council in writing within twenty (20) days from the date of the notification of the Council's action.

Sec. 5-2.407. Fees.
(a) An annual permit fee shall be paid to the City for each card club in an amount to be determined by the City Council from time to time by a resolution. Fees shall be paid at the time the permit is issued and at each anniversary.
(b) Each card club shall pay an annual fee in an amount to be established from time to time by the City Council based upon the number of tables operated during the preceding year. If a card club increases the number of tables operated during such licensed period, it shall pay to the City the established fee for additional tables.

The license fee shall be paid at the time of issuance of each renewal permit. The license fee payable at the time of the initial issuance of a permit shall be based upon the number of tables intended to be operated or utilized by the card club for the first year of its license. (c) A verified statement of the amount of gross revenue shall be submitted to the City each quarter by the owner of each card club simultaneously with the payment of quarterly table fees. Permittee shall maintain books and records in sufficient detail so as to enable the City to determine the gross income of permittee on a quarterly basis. The City Manager, Finance Director or independent auditor may inspect the books, records and accounts of the permittee at a reasonable time upon written request.

Sec. 5-2.408. Revocation of Permit.
(a) The following shall be cause for the revocation of a card club permit:
(1) A determination the application for permit contained untrue statements; (2) A violation of state, federal or local law;
(3) Failure to pay fees in a timely manner;
(4) Refusal to permit inspection of books and records;
(5) Failure to maintain card tables in full view of the public and of any patrons of said card club; (6) The construction or erection of partitions or other devices which conceal persons playing cards; Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

(7) Failure to maintain the designated card playing area free of intoxicated persons or intoxicants unless such intoxicants are otherwise permitted.
(b) When a permit is revoked, permittee may file a written appeal and request a hearing before the Council.

Sec. 5-2.409. Expiration and Renewal.
(a) Permits shall expire on midnight one year from the date of issuance. (b) The owner of an unrevoked permit may, prior to its expiration, apply to renew such permit for an additional one-year term. Applications for renewal of permits shall contain the information required for the issuance of a permit in the first instance.

Sec. 5-2.410. Transfer of Permits.

Permits may not be transferred unless the proposed transferee makes application for a new permit and the application is approved.

Sec. 5-2.411. Card Club Operations.

Each card club operating under this Article shall comply with all permit conditions and the following:
(a) At least (15) tables shall be operated.
(b) Permittee may not operate more card tables than are stated in the application or permit. (c) No person under the age of twenty-one (21) years shall be allowed in the designated card club areas. (d) The schedule of operating hours shall be specified by the permit. (e) No signs shall be permitted on the exterior of building advertising card games or draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine, except pursuant to a special permit approved by the Planning Commission. The permit may be denied or conditionally approved by the Commission in its sole discretion subject to review by the Council.
(f) No subletting, "farming out" or assigning of gaming tables shall be permitted. (g) Draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine, shall be confined to one floor of operation.

Sec. 5-2.412. Security Patrol.

The operator, permittee, owner or other person in control of each card club shall provide security for each card club under his control. "Security" means the enforcement of rules and regulations of the federal, state and city government. Security shall also be provided to the immediate parking area of designated card clubs and to those persons who use such parking areas.

ARTICLE 5. EXPERIMENTAL GAMING ACT
Sec. 5-2.501. Purpose and Scope.

This Article regulates gambling within the City as permitted by the People's Experimental Gaming Act, herein "Gaming Act". No person shall gamble, permit or encourage gambling prior to the passage of the Gaming Act, Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

except in compliance with state law. No person shall gamble, permit or encourage gambling after the passage of the Gaming Act except in compliance with the Gaming Act, this Article, and State law.

Sec. 5-2.502. Definitions.

Unless otherwise apparent from context, the following terms are defined for the purposes of this Article:
(a) "Gaming" or "gambling" means acts, games and contrivances by which one risks money or other things of value on a contest or chance of any kind.
(b) "Casino" means a place where gaming is permitted by the City. (c) "License" means the authority to operate a casino evidenced by a document issued by the City pursuant to this Article.

Sec. 5-2.503. General.
(a) No person shall gamble except at a duly licensed casino. (b) No person shall own or operate a casino without a valid and subsisting license secured in accordance with this Article.
(c) Violation of this section is a misdemeanor and a public nuisance.

Sec. 5-2.504. License.

This Article sets forth the requirements for filing an application for a license. No application for a license shall be filed or received except in compliance with this Article.

Sec. 5-2.505. Application.
(a) Any person desiring to own or operate a casino shall submit a written application for a license with the City Clerk, under oath, setting forth the following information:
(1) Applicant's name, age, sex, present address, and addresses of all residences and descriptions of all occupations and businesses for the past five (5) years; (2) The name of the owner of the premises where the casino is to be operated and the name of his authorized agent, if any;
(3) The names, ages, addresses, occupations and businesses for the past five (5) years of persons having an interest, directly or indirectly, in applicant's business, whether as partners, directors, officers, joint ventures, lessees, holders of 10% or more of the stock, controlling persons, and the proposed casino operator.
(b) A licensee may request renewal of a license making an application as set forth in this Article.

Sec. 5-2.506. Fees.

An application fee shall be paid when the application is filed in an amount established by resolution of the City Council.

Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

Sec. 5-2.507. Investigation.

The City Clerk shall forthwith transmit the application under this Article to the Office of the Chief of Police for investigation and report. The application and report shall be presented for presentation to the City Council with the Chief's report.

Sec. 5-2.508. Public Hearing.

The City Council shall conduct a public hearing with at least two weeks' prior published and posted notice to consider each application for a license. The applicant shall be present and may present testimony under oath and documentary evidence. Any interested person may also present testimony under oath and documentary evidence.

Sec. 5-2.509. Findings and Decision.

The City Council shall adopt written findings and a decision for each application within thirty (30) days after the public hearing on the application. Approved licenses shall comply with the requirements of this Article.

Sec. 5-2.510. License Conditions.
(a) Each licensee and all persons identified in the application shall be of good moral character. (b) Each license shall be subject to at least the following requirements:
(1) Licenses are valid for a period of one year from the date of issuance. (2) Except as provided below, a license shall not be transferred to any other party without the consent of the Council.
(3) A license may be transferred by operation of law to a receiver or assignee for benefit of creditor or to an executor, administrator, guardian, heir or devisee. Before continuing business, such receiver, assignee, guardian, administrator, executor, heir or devisee shall file a statement with the City Clerk addressed to the Council setting forth the facts and circumstances showing such person is the lawful successor to the rights of the licensee.

Sec. 5-2.511. License Revocation or Suspension.
(a) A license issued under this Article may be revoked or suspended on the following grounds:
(1) Material misstatement of fact in the application;
(2) Failure to satisfy license conditions;
(3) The licensee's conviction of a serious crime of moral turpitude; (4) Attempt to transfer without permission of the City; (5) Failure to pay fees in a timely manner; or
(6) Failure to comply with any provision of this Article. (b) The City Manager shall provide the licensee of written notice setting forth the grounds for revocation or suspension and giving the licensee at least 30 days opportunity to respond. The City Manager shall consider the licensee's response (or lack of response) before taking action. (c) The licensee may appeal the City Manager's decision to the City Council by filing a written notice of appeal within 10 days of the City Manager's decision. The City Council shall conduct a public hearing to consider an Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

appeal by the licensee. The City Council shall use administrative rules of evidence. The decision of the City Council shall be final.

Sec. 5-2.512. Public Nuisance.

Operating or owning a casino without a license is a public nuisance. The City Attorney shall abate such nuisance.

Sec. 5-2.513. Force and Effect.

If any provision of this Article is held to be unenforceable by a court of competent jurisdiction, any license issued pursuant to this Article shall be suspended until a lawful measure is enacted.

CHAPTER 3. PUBLIC PROPERTY
ARTICLE 1. PARADES
Sec. 5-3.101. Permits: Required.

No person shall organize, hold, or participate in a parade on a City street without first obtaining a permit as set forth in this Article. For the purposes of this Article, "parade" means an organized formation or procession of persons or vehicles, or both.

Sec. 5-3.102. Permits: Applications: Forms.
(a) The permit required by this Article shall be requested by a written application upon a form prepared by the City Clerk. The application shall set forth the following information:
(1) The name of the person desiring the permit;
(2) The time and place, including the route and termini, of the parade; and (3) The approximate or estimated number of persons and vehicles which will participate. (b) The application shall be filed with the City Manager.

Sec. 5-3.103. Permits: Denial.

No permit for a parade shall be denied because of the danger of a riot or a breach of the peace, property damage, or other disorderly or unlawful conduct unless evidence is shown or presented to the City Manager of facts to support proof of such danger. No application shall be denied without a notice to the applicant of the time of a hearing by the City Manager.

ARTICLE 2. LOITERING
Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

Sec. 5-3.201. Curfew.
(a) No person under the age of eighteen years shall be on a public street, lane, alley, public park, playground or other public grounds, public places and public buildings or vacant lots, either on foot or in a vehicle, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, unless the minor is:
(1) Accompanied by a parent, guardian or other adult person having custody or charge of said minor; or (2) At a legitimate place of business, trade, profession or occupation at which the minor is employed; or (3) At a public library, night class, study hall, school activity, place of worship or teen center supervised or sponsored by adults of good moral character; or
(4) On the streets going directly to or returning directly from any of the places mentioned above. (5) Engaged in lawful First Amendment activities.
(b) It is unlawful for any parent, guardian or other adult person having care, custody or control of a minor under the age of eighteen years to permit such minor to violate this section.

ARTICLE 3. CHARITABLE SOLICITING
Sec. 5-3.301. Charitable Solicitations: Permits Required. (a) No person shall solicit contributions for charitable purposes unless such solicitor exhibits a permit from the City.
(b) No person shall solicit in a City building or other public building within the City.

ARTICLE 4. VENDING ON PUBLIC PROPERTY
Sec. 5-3.401. Sales Locations Restricted.

No person shall sell goods on a public street, highway, road, alley or sidewalk within the City.

ARTICLE 5. TAXI FRANCHISES
Sec. 5-3.501. Franchise Required.

No person shall maintain or operate a taxi service without a franchise from the City.

Sec. 5-3.502. Application for Franchise.
(a) A person who desires to obtain a taxi franchise shall make application to the City Manager. The application shall contain the information required by the City Manager to determine whether the franchisee will comply with this Article including the following:
(1) Name, address and telephone number;
(2) Type of franchise;
(3) Proposed service area;
Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

(4) Plan for providing service;
(5) Evidence the franchisee is capable of implementing the plan for services; (6) Applicant's agreement to comply with the terms of this Article. (b) The City Manager shall prepare a report and make a recommendation on the application.

Sec. 5-3.503. Hearing.
(a) The Council shall consider the report and recommendation of the City Manager at a duly noticed public hearing conducted within thirty (30) days after the date of the report. The hearing shall be preceded by ten (10) days' prior mailed notice to the applicant and by notice published at least once, at least ten (10) days before the hearing. The Council shall receive the testimony of interested persons at the hearing. The hearing may be continued from time to time.
(b) The Council shall render its decision on the application at the conclusion of the hearing. The Council's decision shall be set forth in an ordinance and shall be final when the ordinance is adopted and effective. (c) The franchise shall be accepted in writing after the first reading of the ordinance and before adoption of the ordinance.

Sec. 5-3.504. Transfer of Franchise.
(a) A franchise may not be transferred by operation of law. A franchise may be transferred with the approval of the Council upon showing the transferee would be eligible to obtain a franchise in the first instance. (b) A franchisee who desires to transfer a franchise shall make application to the City Manager. The application shall include the written agreement of the transferee to be bound by the terms and conditions of the franchise. The City Manager shall prepare a report and recommendation on the application. The Council shall review the City Manager's report and recommendation.
(c) The Council shall set forth its decision on the application in a resolution. The Council's decision shall be final when the resolution is adopted and effective.

Sec. 5-3.505. Termination.
(a) A franchise is terminated when: it expires by its term; the franchisee voluntarily abandons the franchise; or the franchisee violates the terms and conditions of the franchise. (b) The City Manager shall provide the franchisee at least ten (10) days' prior written notice of intent to terminate the franchise. The notice shall state the reasons for terminating the franchise. (c) Except when the franchise has terminated by its terms, the franchisee may contest the City Manager's determination by filing a written appeal with the City Manager within ten (10) days of the date of the notice.

When the franchise has terminated by its terms, the franchisee may request renewal of the franchise by filing an application for a franchise. The City Manager shall file a report and recommendation with the Council concerning each proposed termination for which a request for hearing has been filed. If no request for hearing is filed, the City Manager's decision is final. (d) The Council shall consider the City Manager's report and recommendation at a duly noticed public hearing if written appeal has been filed with the City Manager. The hearing shall be preceded by at least ten (10) days' prior written notice to the franchisee and notice published once ten (10) days before the hearing. The Council shall render its decision at the conclusion of the hearing. The Council's decision shall be set forth in an ordinance and shall be final when the ordinance is adopted and effective.

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(Supp. No. 10)

Sec. 5-3.506. Limitations.
(a) A taxi franchise is nonexclusive.
(b) No privilege or exemption shall be granted or conferred by any franchise except as specifically prescribed in this Article.
(c) A privilege claimed under a franchise by the franchisee in any street or public property shall be subordinate to any prior lawful occupancy of the streets or public property. (d) Time shall be of the essence of the franchise. The franchisee shall not be relieved of the obligation to comply promptly with this Article or by any failure of the City to enforce prompt compliance. (e) The franchisee shall have no recourse against the City for loss, cost, expense, or damage arising out of this Article or of franchise, or because of the enforcement of this Article. (f) The franchisee shall be subject to laws, rules, regulations, and specifications. (g) No person, firm or corporation in the existing service area of the franchisee shall be arbitrarily refused service. The franchisee shall not be required to provide service to a customer who does not pay the applicable fee or monthly service charge.
(h) The Council shall impose additional terms and conditions for the granting of a franchise necessary to implement this Article.

Sec. 5-3.507. Franchise Fees.
(a) Franchise fees shall be established from time-to-time by the Council by resolution and shall be calculated and paid as set forth herein.
(b) The franchisee shall file with the City, within thirty (30) days after the expiration of a calendar year, or portion, during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts of the franchisee during the preceding calendar year, or portion thereof. The franchisee will pay to the City, within fifteen (15) days after the time for filing such statements, the sum set forth in this section, or unpaid balance, for the calendar year, or portion thereof, covered by such statements. (c) The City may inspect the franchisee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recalculation of any and all amounts paid. No acceptance of payment shall be construed as a release or as an accord and satisfaction of claims the City may have for further or additional sums.
(d) When holding over after the expiration or other termination of a franchise without the consent of the City, the franchisee shall pay to the City reasonable compensation and damages of not less than 100% of the franchisee's total gross profits during such period.

Sec. 5-3.508. Taxi Rates.
(a) No rate, fee or charge shall be levied or collected for taxi service except in compliance with this section. (b) The franchisee shall submit proposed rates for taxi service to the Finance Director. The Finance Director shall cause a notice to be published of the proposed rates. The rates are effective ten (10) days after publication. (c) The approved rates shall be posted within each taxicab at a location visible to passengers. (d) The franchisee shall not charge more than the approved rates, but may charge less.

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(Supp. No. 10)

Sec. 5-3.509. Taxicabs.
(a) Each vehicle used for taxi service by the franchisee shall be maintained at all times in a mechanically-safe and clean condition. Each vehicle shall include: an exterior display signifying that it is a franchised taxicab, and an instrument or device by which the charge for use of the vehicle is calculated and registered and upon which such charge is indicated by means of figures visible to the passengers. Each vehicle shall be insured against liability for personal injury in a minimum amount from time-to-time determined by the Police Chief. The franchisee shall cause the City to be named as an added insured on such policy. (b) Prior to commencement of service, the franchisee shall obtain a certificate from the Chief of Police that each vehicle to be used for taxi service has complied with this section. A certificate shall also be obtained each time the franchisee proposes to substitute or add a new vehicle to provide taxi service. (c) The Chief of Police shall prepare forms to be used by the franchisee to apply for the certificate. The application form shall provide such information as the Chief of Police deems necessary to determine the vehicle satisfies the requirements of this Article.
(d) If, after review of the application and inspection of the vehicle, the Chief finds the application and vehicle comply with the requirements of this Article, the Chief shall forward a recommendation to the Council for action.
(e) Each vehicle shall be inspected at least annually, after any accident, and may be inspected more frequently as necessary to assure compliance with this Article.

Sec. 5-3.510. Taxicab Drivers.
(a) The franchisee shall not engage any person to operate or drive a vehicle to be used for taxi service unless the driver is duly licensed and qualified to carry passengers. A driver who has been convicted of a crime involving moral turpitude, including, but not limited to, using, possessing, selling or transporting any controlled substance or dangerous drug, or who has been convicted of driving under the influence of alcohol or drugs within three (3) years of the application, or who has been convicted of reckless driving within two (2) years of the application, shall be presumed not qualified to operate a taxi within the City. (b) Prior to commencement of service, each driver engaged by the franchisee to drive a vehicle to be used for taxi service shall obtain a certificate from the Chief of Police the driver has complied with this section. The certificate shall also be obtained each time the franchisee proposes to substitute or add a new driver to provide taxi service.
(c) The Chief shall prepare forms to be used to apply for a driver's certificate. The application form shall provide such information as the Chief deems necessary to determine the driver satisfies the requirements of this Article.
(d) If, after review of the application and the applicant's driver's record, the Chief determines the application and the driver comply with the requirements of this Article, the Chief shall issue a certificate to the driver. (e) Each driver's certificate shall be reviewed at least annually, after any accident, and more frequently as necessary to assure compliance with this Article.

Sec. 5-3.511. Operations.
(a) Every vehicle used for taxi service shall display the following in a place visible from the passenger's compartment: a notice showing the name of the franchisee; the certificate issued by the Chief of Police under this Article for the vehicle and for the driver; and the rate schedule approved by the Council.

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(b) The driver shall take the most direct route possible that will carry the passenger safely and expeditiously to their destination unless specifically directed otherwise by the passengers. (c) When a vehicle is engaged, the passengers have the exclusive right to full and free use of the passenger compartment and no additional passengers shall be solicited or carried therein, without the consent of the existing passengers.
(d) Any passenger who refuses to pay the fare upon arrival at the passenger's destination, shall be guilty of an infraction.

Sec. 5-3.512. Taxi Stands.

The franchisee shall secure an encroachment permit from the Director of Public Works before establishing any fixed points of departure within the City. As used herein, a fixed point of departure for taxi service is also known as a "taxi stand." The City Manager may issue an encroachment permit as to any state highway within the City provided that this Code is first approved in writing by the California Department of Transportation.

CHAPTER 4. PUBLIC AND PRIVATE PROPERTY2
ARTICLE 1. SPECIAL EVENTS
Sec. 5-4.101. Purpose.

This chapter regulates the establishment, operation and cleanup of special events.

Sec. 5-4.102. Permits Required.
(a) No person or entity shall operate, maintain, conduct, advertise or provide admission for a special event without a permit issued by the City Manager. As used herein, a "special event" means a carnival, community celebration, off-road vehicle race, outdoor festival, music event, sporting event, fair, animal race, religious festival, revival meeting, block parties, and similar public gatherings with expected attendance of at least three hundred (300) persons.
(b) A special event conducted without the required permit(s) is subject to closure at any time during the event.

The promoter, business owner or landowner may be subject to cost recovery by the agencies participating in the closure.
(c) When special events have received a land use approval by a federal or state agency, including, but not limited to, the Bureau of Land Management and the U. S. Forest Service and such is properly certified to the City Manager, the City Manager may, limit or waive the provisions of this Article adequately controlled by such federal or state agency.

Sec. 5-4.103. Application.
(a) At least thirty (30) days prior to the scheduled special event, the applicant shall apply for a permit under this Article and shall supply such information as the City Manager may reasonably require about the location, intensity and level of services required.
2 Editor's note(s)—Ord. No. 03-605, adopted on Feb. 4, 2003, added Ch. 4 Created: 2022-05-13 14:23:14 [EST]
(Supp. No. 10)

(b) The application shall be accompanied by an application fee in an amount established by the Council by resolution.

Sec. 5-4.104. Application Review.
(a) The City Manager shall review the application and consult with the Police Chief and Fire Chief. (b) The City Manager shall take into consideration relevant information, including, but not limited to, the following:
(1) The event site(s) and provisions for adequate ingress/egress and adequate parking; (2) The impact on adjacent properties;
(3) An applicant's request to play or broadcast music, especially between the hours of 10:00 p.m. and 7:00 a.m., in view of the proximity to the nearest residence, business or other occupied land use, the topography of the site and surrounding area, and the time limits such music is proposed to be played; (4) Topographical and ecological considerations;
(5) Electrical illumination requirements;
(6) Inclement weather contingencies;
(7) Water facilities;
(8) Food concessions;
(9) Sanitation facilities;
(10) Medical/first aid facilities;
(11) Overnight camping problems;
(12) Bonding and insurance requirements;
(13) Fire protection, including location of fire hydrants and supplemental water sources; (14) Communication, including temporary or additional telephones and an adequate public address system; (15) Adequate office space(s) and communication equipment for all regulatory personnel on site by the permit holder;
(16) Cleanup trash disposal;
(17) Restoration of landscape;
(18) Final accounting procedures, billings and/or reimbursement; and (19) The recommendation of City Police Department.
(c) The Chief of Police shall provide a written recommendation to the City Manager within ten (10) days of receipt of the application. The Police Chief shall take into consideration relevant information including, but not limited to the following:
(1) The applicant's previous relevant experience and background; (2) Provisions for special access way(s) for emergency vehicles; (3) Police protection;
(4) Crowd control measures;
(5) Control of alcoholic beverages and dangerous substances; Created: 2022-05-13 14:23:14 [EST]
(Supp. No. 10)

(6) Emergency evacuation procedures; and
(7) News releases.

The Chief of Police may recommend denial of the application if:
(1) Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail; or
(2) Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the City Police Department is unable to meet the needs for law enforcement services for both events; or (3) The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or
(4) The concentration of persons, animals and vehicles at the site of the event or the assembly and disbanding areas around an event will prevent proper law enforcement, fire, paramedic or ambulance services to areas contiguous to the event; or
(5) The size of the event will require diversion of so great a number of City police personnel to ensure participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes a recommendation to deny a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of law enforcement officers available to police the event; or (6) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; or
(7) The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.

When the grounds for recommending denial of an application for permit specified in subsections (2) through (7) above can be corrected by altering the date, time, duration, route or location of the event, the Chief of Police shall conditionally recommend approval of the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as necessary to achieve compliance with subsections (2) through (7) above.

Sec. 5-4.105. Appeals.

The decision made of the City Manager may be appealed to the City Council in accordance with Title 1, Chapter 4.
(Ord. No. 07-656, 12-4-2007)
Sec. 5-4.106. Permits: Conditions.

Every permit issued pursuant to this Article shall include at least the following conditions:
(a) Permit is not transferable;
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(b) The permit shall be conspicuously posted upon the premises of the special event in a manner prescribed by the City Manager;
(c) If the Chief of Police determines the event will endanger the public peace, welfare, health or safety unless the applicant obtains extra police protection, extra police protection shall be a condition for the issuance of a permit and shall be at applicant's expense; (d) The permit shall expire on a date certain.
(e) Liability insurance naming the City, its officers, employees, agents, employees and volunteers as additional named insureds in amounts sufficient to protect, defend and indemnify the City, its officers, employees, agents, servants and volunteers from losses, claims, liability, injury and damage arising out of, or connected to, the special event.
(f) A permit fee shall be paid in an amount established by the Council. A bond, posted prior to the event, to ensure conditions are met, including cleanup and restoration of landscape.

Sec. 5-4.107. Permit: Grounds for Suspension or Revocation. (a) The City Manager may suspend a permit issued pursuant to this Article based upon reasonable causes, which may include the following:
(1) Nonpayment of permit fees;
(2) Violation of permit conditions;
(3) Violation of law;
(4) Disorderly conduct or use of dangerous substances occasioned by the operation of the special event; or (5) Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail.
(6) Transferring permit to any other person, organization, place, date and time. (b) The Police Chief may summarily suspend a special event permit if the operation of the event constitutes an immediate public health or safety hazard. At the time of suspension, the Chief of Police shall issue a written notice to the permit holder (with a copy to the City Manager) stating the grounds for the suspension and notifying the permit holder of the right to a hearing on the suspension. The City Manager shall render a decision at the conclusion of the hearing. The City Manager may continue the suspension in effect until the grounds for suspension no longer exist.
(c) The City Manager shall commence revocation proceedings by mailing a notice not less than ten (10) days prior to the date set for hearing, informing the permit holder of the causes for revocation, and the time and place at which the revocation matter will be heard. If the revocation notice is given on or within twenty-five (25) days of the start date of the event, the City Manager shall take reasonable steps to expedite the hearing process. The City Manager shall render a decision at the conclusion of the hearing. If an urgent situation exists relative to the public health, safety or welfare for a specific event, the revocation may be effective immediately.

ARTICLE 2. PARTIES AND UNRULY GATHERINGS
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(Supp. No. 10)

Sec. 5-4.201. Purpose.

Parties or gatherings at private residences within the City may, on occasion, disturb the public peace, safety and welfare and require law enforcement services over and above those normally provided. The City shall require those persons utilizing or requiring law enforcement services beyond those provided to the public-at-large to defray the City's expense for providing the service.

Sec. 5-4.202. No Admission Charge.

No person shall charge admission to a party in any residential zone. As used herein, "charge admission" means the demand and receipt of a tangible benefit, monetary or otherwise, which is a motivating influence for admission to a party. Non-commercial activity, such as gifts by guests, sharing of expenses for food and beverages, or reciprocal hospitality shall not be considered to be an admission charge. "Charge admission" does not include a donation for religious, charitable, civic, or political purposes. As used herein, "party" means five (5) or more persons meeting together for social, recreational or amusement purposes.

Sec. 5-4.203. Cost Reimbursement for Police Services.
(a) The person or persons responsible for an unruly party or gathering or on whose property the unruly party or gathering is held, or if such person is a minor, then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event. (b) The actual cost of law enforcement services beyond the initial response by the officer necessary to abate the conditions. The Police Department shall accurately compute the cost of providing such services and advise the City Manager of such costs, as well as any other costs of damage to public property or injuries to personnel resulting from the law enforcement response. The person responsible for the event shall be billed for these costs by the City Manager upon notice of the charges from the City Police Department and payment shall be due and payable within fifteen (15) days of the billing date. Should the amount due not be paid, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law.

CHAPTER 5. DAYTIME CURFEW3
Sec. 5-5.101. Daytime Curfew.
(a) No juvenile subject to compulsory education or compulsory continuation education shall be in or upon a public street, alley, park, playground, public ground, public place, public building, place of amusement, any establishment or vacant lot during the hours of 8:30 a.m. to 1:30 p.m. on days when the juvenile's school is in session.
(b) This provision shall not apply to a juvenile who is:
(1) Accompanied by a parent or guardian;
(2) On an emergency errand directed by a parent or guardian; (3) Going or coming directly to or from a place of gainful employment or to or from a medical employment;
3 Editor's note(s)—Ord. No. 10-693, adopted on Dec. 21, 2010, added Ch. 5.

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(4) Who has permission to leave the school campus for lunch or other school related activity and has in possession a valid proof of permission is such proof of permission is required; (5) If exempted from compulsory education or compulsory continuation education from private or public school;
(6) Authorized to be absent from school pursuant to Education Code Sections 48205, 48222, or 48224, or other applicable state or federal law authorizing private schooling or private schooling at home; (7) Exercising First Amendment rights protected by the United States Constitution; or (8) Emancipated pursuant to law.

Sec. 5-5.102. Parental responsibility.

The parent or guardian of a juvenile shall not knowingly permit or exercise sufficient control to prevent the juvenile from violating this Article.

Sec. 5-5.103. Enforcement.
(a) A peace officer may issue a citation to the juvenile, parent or guardian found to be in violation of this Article and may detain a juvenile until the juvenile can be replaced the care and custody of a parent or guardian. (b) Violation of this Article is punishable as a misdemeanor or by requiring the juvenile, parent or guardian to perform city or school approved work projects or community service not to exceed twenty (20) hours over a period of sixty (60) days in times other than the juvenile's hours of school attendance or the parent's or juvenile's hours of employment.
(c) The police department may file the first violation of this Article as an infraction. (d) Welfare and Institutions Code section 625.5 applies to this Article. A fee for the actual cost of administration and transportation services shall be paid by the juvenile, parent or guardian.

CHAPTER 6. REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.4 ARTICLE 1. GENERAL PROVISIONS
Sec. 5-6.101. Purpose and Intent.

Cannabis Businesses and Cannabis Dispensaries shall be permitted, in accordance with the criteria and procedures set forth in this code, upon application and approval of a regulatory permit pertaining to the operation of the facility. It is the purpose and intent of this Chapter to provide opportunities for cannabis businesses to operate in the City, while imposing regulations on the use of land to protect the City's neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this Chapter to regulate the cultivation, 4 Editor's note(s)—Ord. No. 18-766 , § 2, adopted August 28, 2018, repealed the former Ch. 6, §§ 5-6.101—5-6.104, 5-6.201, 5-6.301, 5-6.302, 5-6.401, 5-6.402, 5-6.501—5-6.505, 5-6.601—5-6.603, 5-6.701—5-6.704, 5-

6.801—5-6.805, 5-6.901—5-6.907, 5-6.1001, 5-6.1101, 5-6.1201, 5-6.1301, 5-6.1302, 5-6.1401—5-6.1406, 5-

6.1501—5-6.1504, and enacted a new Ch. 6 as set out herein. The former Ch. 6 pertained to similar subject matter and derived from Ord. No. 16-742, § 3, 9-13-2016 ; Ord. No. 16-743, § 1, 11-8-2016 ; Ord. No. 17-745, §§ 1—5, 3-28-2017 ; Ord. No. 17-757, §§ 1—4, 7, 11-28-2017 .

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(Supp. No. 10)

manufacturing, processing, testing, transporting, delivery, dispensing, and distribution of cannabis and cannabisrelated products in a manner which is responsible, which protects the health, safety, and welfare of the residents of California City, and to enforce rules and regulations consistent with state law. In part to meet these objectives, an annual permit shall be required in order to own and/or to operate a cannabis business within California City.

Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county or other law.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.102. Legal Authority; Application of this Chapter to Cannabis Dispensaries. (a) Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("MAUCRSA") (and as the same may be amended from time to time), the City of California City is authorized to adopt ordinances that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis-related activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of California City to cannabis, and/or cannabis-related activity. (b) All provisions of this Chapter shall apply to both Cannabis Businesses and Cannabis Dispensaries, except for the provisions specifically addressing Cannabis Dispensaries set forth in this Chapter, in which case the specific provisions related to Cannabis Dispensaries will control. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.103. Cannabis Cultivation and Cannabis Business Activities Prohibited Unless Specifically Authorized by This Chapter.

Except as specifically authorized in this Chapter, the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of cannabis or a cannabis product is expressly prohibited in the City of California City. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.104. Compliance with Laws.

It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder, and any specific additional operating procedures or requirements which may be imposed as conditions of approval of the cannabis business permit. Nothing in this Chapter shall be construed as authorizing any actions which violate federal, state law or local law with respect to the operation of a cannabis business. ( Ord. No. 18-766, § 2, 8-28-2018 )
ARTICLE 2. DEFINITIONS
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(Supp. No. 10)

Sec. 5-6.201. Words and Terms Defined.

When used in this Chapter, the following words shall have the meanings ascribed to them as set forth herein.

Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. (a) "Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. (b) "Cannabis business activity" includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of cannabis or a cannabis product, within the meaning of California Business and Professions Code 19300 et seq.
(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code. (d) "Cannabis Business" means the businesses of commercial cannabis cultivation, cannabis manufacturer, cannabis testing laboratory, and cannabis distributor.
(e) "Cannabis business permit" means a regulatory permit issued by the City of California City pursuant to this Chapter to a cannabis business and is required before any cannabis activity may be conducted in the City. The initial permit and annual renewal of a cannabis business permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the cannabis activity at issue, compliance with any conditions of approval placed on the use of the Cannabis Business site, and payment of all fees, taxes and any other amounts owed to the City related to the Cannabis Business Activity. (f) "Cannabis Dispensary Permit" means a regulatory permit issued by the City of California City pursuant to this Chapter to a cannabis dispensary and is required before any cannabis dispensing activity may be conducted in the City. The initial permit and annual renewal of a cannabis dispensary permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the cannabis activity at issue, compliance with any conditions of approval placed on the use of the Cannabis Dispensary site, and payment of all fees, taxes and any other amounts owed to the City related to the Cannabis dispensary activity. All provisions of this Chapter shall apply to both Cannabis Businesses permits and Cannabis Dispensary permits, except provisions for Cannabis Dispensary permits specifically set forth in this Chapter, in which case the specific provisions related to Cannabis Dispensary permits will control. (g) "Cannabis Distributor" means a Cannabis Operator permitted pursuant to this Chapter to operate a location or a facility where a Person conducts the business of procuring Cannabis from permitted Cannabis Cultivation Sites or Cannabis Manufacturers for sale to permitted Cannabis Dispensaries, and Created: 2022-05-13 14:23:14 [EST]
(Supp. No. 10)

the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes prior to transport to permitted Cannabis Dispensaries. (h) "Cannabis License" means a State license issued pursuant to MAUCRSA, as may be amended from time to time.
(i) "Cannabis Licensee" means a person issued a Cannabis License under MAUCRSA to engage in commercial Cannabis activity.
(j) "Cannabis Nursery" means a location operating as a nursery solely for purposes of supplying immature plants to cannabis cultivation facilities.
(k) "Cannabis Operator" or "Operator" means the person or entity that is engaged in the conduct of any commercial Cannabis use.
(l) "Cannabis Testing Laboratory" means a facility, entity, or site in the State that offers or performs tests of Cannabis or Cannabis Products and is both of the following:

1. Accredited by an accrediting body that is independent from all other Persons involved in the Cannabis Testing Laboratory.

2. Registered with the California Department of Public Health. (m) “Ceases” means to no longer operate a cannabis business. A business will be considered to cease operating if it does not engage in sales, manufacturing, distribution, or other cannabis activity for five consecutive days, unless the operator can furnish proof that the business will return to activity within a reasonable period of time.
(m(n) "City" or "City of California City" means the City of California City, a California general law city. (no) "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including cannabis.
(op) "Cultivation site" means a facility where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, and where the operator holds a valid cannabis business permit for cultivation from the City of California City and, a valid state license for cultivation pursuant to the MAUCRSA (as the same may be amended from time to time).
(pq) "Delivery" means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUCRSA (as the same may be amended from time-totime), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.
(qr) "Dispensary" means a cannabis business facility where cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, medical cannabis and medical cannabis products as part of a retail sale, and where the operator holds a valid cannabis business permit from the City of California City authorizing the operation of a dispensary, and a valid state license as required by state law to operate a dispensary.
(rs) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

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(st) "Distribution" means the procurement, sale, and transport of medical cannabis or cannabis products between cannabis businesses.
(tu) "Distributor" means a person holding a valid cannabis business permit for distribution issued by the City of California City, and a valid state license for distribution, pursuant to the MAUCRSA (as the same may be amended from time to time).
(uv) "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(vw) "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible medical cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.
(x) “Financial Interest” means an agreement to receive a portion of the profits of a commercial Cannabis Business, an investment into a Cannabis Business, a loan provided to a Cannabis Business, or any other equity interest in a Cannabis Business except as provided below. For the purpose of this subsection, an agreement to receive a portion of the profits includes, but is not limited to, the following individuals:
(1) An employee who has entered into a profit share plan with the Cannabis Business. (2) A landlord who has entered into a lease agreement with the Cannabis Business for a share of the profits.
(3) A consultant who is providing services to the Cannabis Business for a share of the profits. (4) A person acting as an agent, such as an accountant or attorney, for the Cannabis Business for a share of the profits.
(5) A broker who is engaging in activities for the Cannabis Business for a share of the profits. (6) A salesperson who earns a commission.

When an entity has a Financial Interest in a Cannabis Business, then all individuals who are Owners of that entity shall be considered Financial Interest holders of the Cannabis Business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust, and managing members or non-member managers of the entity. Each entity disclosed as having a Financial Interest must disclose the identities of persons holding Financial Interests until only individuals remain.

Notwithstanding the above, the following persons are not considered as having a “Financial Interest” for purposes of this Chapter.
(1) A bank or financial institution whose interest constitutes a loan; (2) Persons whose only financial interest in the Cannabis Business is through an interest in a diversified mutual fund, blind trust, or similar instrument; (3) Persons whose only financial interest is a security interest, lien, or encumbrance on property that will be used by the Cannabis Business; and
(4) Persons who hold a share of stock that is less than 5 percent of the total shares in a publicly traded company.
(w(y) "Indoor structure" means a fully enclosed and secured structure, a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, Created: 2022-05-13 14:23:14 [EST]
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complies with all odor control and other design standards required by this chapter, and which is accessible only through one or more lockable doors and is inaccessible to minors. (xz) "Indoors" means within a fully enclosed and secure structure. The term indoors includes any indoor structures.
(yaa) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (zbb) "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as defined in this section, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, where the operator holds a valid cannabis business permit for manufacturing from the City of California City and a valid state license for manufacturing pursuant to the MAUCRSA (as the same may be amended from time to time).
(aacc) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application.
(bbdd) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis business permit for manufacturing from the City of California City, and a valid state license for manufacturing pursuant to the MAUCRSA (as the same may be amended from time to time).
(ccee) "Marijuana" means "cannabis," as that term is defined in this Chapter. (ff) “Operator” means any and all persons who are responsible for and/or involved in the operation and/or day to day management of the Cannabis Business, including, but not limited to, employees, volunteers, managers, supervisors, contractors, subcontractors, agents, etc. (dd(gg) "Outdoors" means any location within the City that is not within a fully enclosed and secure structure.
(eehh) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. (ii) “Owner” means any of the following: (1) A person with an aggregate ownership interest of 20 percent or more of the cannabis business, unless the interest is solely a security, lien, or encumbrance; (2) The chief executive officer of a nonprofit or other entity; (3) A member of the board of directors of a nonprofit; (4) The trustee(s) and all persons who have control of the trust and/or the cannabis business that is held in trust; (5) An individual entitled to a share of at least 20 percent of the profits of the cannabis business; and (6) An individual who will be participating in the direction, control, or management of the cannabis business, including (A) A general partner of a cannabis business that is organized as a partnership; (B) A non-member manager or managing member of a cannabis business that is organized as a limited liability company; (C) An officer or director of a cannabis business that is organized as a corporation.
(ff(jj) "State license" means a permit or license issued by the State of California, or one of its departments or divisions, pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("MAUCRSA") (as the same may be amended from time to time) to engage in cannabis activity.

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(ggkk) "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. (hhll) "Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA (as the same may be amended from time to time). (iimm) "Transporter" means a person issued a state license, and a cannabis business permit by the City of California City, authorizing the transport of cannabis or cannabis products in amounts authorized by the State of California, or by one of its departments or divisions under the MCRSA. ( Ord. No. 18-766, § 2, 8-28-2018 )
ARTICLE 3. CANNABIS BUSINESS PERMITS REQUIRED FOR OWNER/OPERATOR;

CANNABIS WORK PERMIT REQUIRED FOR EMPLOYEES
Sec. 5-6.301. Cannabis business Permit Required to Engage in Cannabis business.

No person may engage in any cannabis business or operate a cannabis dispensary within the City of California City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person (1) has a valid cannabis business permit or cannabis dispensary permit from the City of California City and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.302. Cannabis Business Employee Permit Required. (a) Any person who is an employee or who otherwise works or volunteers within a cannabis business must be legally authorized to do so under applicable state law. (b) Prior to commencing any work within a cannabis business, any individual who will work within a licensed premises or have access to cannabis or cannabis products must submit to a background check that demonstrates they are of good moral character. The background check must include fingerprinting for criminal history conducted by the California City police department or any other entity determined to be satisfactory by the California City police department. Only the City may issue a name badge to each employee that the City deems may access the cannabis business. Each name badge expires after two years unless renewed. A decision to deny or not renew a worker’s name badge may be appealed in accordance with Article 6. A cannabis industry worker identification card may be revoked or suspended by the city at any time, in accordance with the procedures in Section 5-6.503 of this code, if it is determined that the employee is no longer of good moral character. A cannabis business cannot employ or utilize the services of any individual who is required to have a name badge and does not have one, regardless of whether the individual is an employee, independent contractor, or volunteer. The city may charge a fee to recover its reasonable costs of processing and issuing cannabis industry name badges and conducting background checks in an amount established by resolution of the city council.
(c) The City may authorize a person to begin working provisionally for a cannabis business while it process their application for a name badge.

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(d) An employee who has been issued a name badge by the City is authorized to work for state and city licensed cannabis business in the City during the validity of their name badge. (b)(e Any person who is an employee or who otherwise works or volunteers within a cannabis business shall must wear a name badge issued by the cannabis business management City for identification purposes. at all times while on the premises of a cannabis business.
( Ord. No. 18-766, § 2, 8-28-2018 )
ARTICLE 4. NUMBER AND TYPE OF AUTHORIZED CANNABIS DISPENSARIES

PERMITTED
Sec. 5-6.401. Maximum Number of Cannabis Dispensaries Permitted to Operate within the City.
(a) The maximum number of each type of cannabis dispensary that shall be permitted to operate in the City at any one (1) given time will be a maximum of two (2) retail storefront operations and ten (10) delivery only dispensaries with no retail storefront. Retail storefront dispensaries are also authorized, with the required state license, to make off-site deliveries.
(b) Section 5-6.401 is only intended to create a maximum number of cannabis dispensaries that may be issued permits to operate in the City under each category. Nothing in this Chapter creates a mandate that the City Council must issue any or all of the cannabis business dispensary permits potentially available. ( Ord. No. 18-766, § 2, 8-28-2018 ; Ord. No. 19-771, § 2, 1-8-2019 ) ARTICLE 5. APPLICATION FOR CANNABIS BUSINESS PERMIT: RENEWAL APPLICATIONS; AND EFFECT OF REVOCATION OR SUSPENSION OF STATE LICENSE Sec. 5-6.501. Initial Application Procedure.
(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. The City Council shall adopt by resolution the procedures which will govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any cannabis business permit(s). The City Manager will prepare the necessary forms, adopt any necessary rules, regulations and processes, solicit applications, and conduct evaluations of the applicants. The application must include the following information:
(1) The name, address, and telephone number of the cannabis business permit applicants and licensees must use their legal business name on all documents related to commercial cannabis business. (2) The name, address and telephone number of the owner(s) and operator(s) applying for the cannabis business permit, along with a copy of an official, valid and unexpired government issued photo ID; (3) The name, address and telephone number and a copy of an official, valid and unexpired government issued photo ID for all individuals who have a financial interest in a cannabis businesses, but are not owners/operators, as defined. These individuals shall not be required to submit the other information required of owners/operators under the Chapter.

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(4) The name and address of the owner(s) of the real property upon, in, or from which the cannabis business is to be operated. In the event the owner(s) are not the legal owner(s) of the real property, the application shall be accompanied by a copy of a written and signed lease between the owner(s) and the property owner authorizing use of the premises as a cannabis business, or, if no written lease exists, a written, notarized acknowledgement from the property owner(s) that he/she/they have been advised and agree that a cannabis business will be operated upon, in, or from the property; (5) Certification that the applicant, and any of the officers, directors, owners or operators of the cannabis business do not have:
a. A conviction for homicide.
b. A conviction for racketeering, including but not limited to, a conviction under the Racketeer Influenced and Corrupt Organizations Act, the Organized Crime Control Act of 1970, or any other state or federal law prohibiting organized crime.
c. A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance.
d. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code. e. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code. f. A felony conviction involving fraud, deceit, or embezzlement. g. Within the preceding two (2) years, any felony conviction for burglary, including first- and/or second-degree burglary.
h. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor. i. A felony conviction for drug trafficking with enhancements pursuant to H&S Code Sections 11370.4 or 11379.8.
j. Any conviction involving a gang enhancement pursuant to Penal Code Section 186.22. k. Within the preceding five (5) years, any violation of the Compassionate Use Act, the Medical Marijuana Program Act, the MAUCRSA, or any other State law or Constitutional provisions regulating Cannabis, as may be amended from time to time; l. Within the preceding ten (10) years, any violations of subdivision (c) or (d) of H&S Code Section 11357, or Section 11361, or any other provision involving sale to minors, and/or Articles 1, 3, 5, 6 or 7 of Chapter 6 of Division 10 of the H&S Code;
m. Within the preceding five (5) years, any conviction for possession, sale, use, distribution, and/or manufacturing of any Schedule I or Schedule II controlled substance as defined or described in the federal Controlled Substances Act;
n. Within the preceding three (3) years, any administrative orders or civil judgments for violations of labor standards.
(b) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City in the application process. An application shall not be deemed complete, and will not be processed, until the designated application fees have been paid. Once submitted, all fees shall be non-refundable.

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(c) After the initial review the City Manager will issue permits for all cannabis businesses except for dispensaries.

For cannabis dispensary permits, the City Manager will make a recommendation to the City Council, and the City Council shall make a final determination in accordance with Article 7. (d) The City's Reservation of Rights: The City reserves the right to reject any or all applications. The City may also modify, postpone, or cancel any request for applications, or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other appropriate reasons for rejection, including but not limited to a failure to comply with any requirement of any State or local law, rule or regulation, an application RISKS BEING REJECTED for any of the following reasons:
(1) Proposal not containing the required elements, exhibits, nor organized in the required format. (2) Proposal considered not fully responsive to this request for permit application. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.502. Expiration of Cannabis Business Permits.

Each cannabis business permit issued pursuant to this Chapter shall expire expires twelve (12) months after the date of its issuance, regardless of the operational status of the business. Cannabis Business permits may must be renewed as provided in Section 5-6.504.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.503. Suspension and Revocation of Permits.

Cannabis Business permits may be revoked or suspended for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this Chapter. (i) Nothing in this section affects the authority of the Tax Administrator to revoke or refuse to renew a cannabis business’s business license pursuant to Section 3-2.3.2-1 and as authorized by Section 3-

2.8.200.
(ii) The City Manager has the authority to suspend a cannabis business permit for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this Chapter that the City Manager determines that violation is substantial
(iii) The City Manager has the authority to revoke a cannabis business permit for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this Chapter that the City Manager determines that the violation is significant.
(iv) In the event the City revokes a cannabis business license while cannabis goods remain on the premises, the former licensee must comply with Section 5-6.1101(b). (v) Factors for suspension or revocation. The City Manager may consider, but is not limited to, the following factors in deciding whether a permit should be suspended or revoked in accordance with this Chapter, as applicable:
(1) The nature and severity of the acts, offense, or crimes under consideration; (2) Any corrective action taken by the permittee;
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(3) Prior violations at the permitted premises by the permittee and the effectiveness of prior corrective action;
(4) Previous sanctions imposed against the permittee;
(5) The number and/or variety of current violations;
(6) The likelihood of recurrence;
(7) All circumstances surrounding the violation;
(8) Whether the violation was willful;
(9) Any actual or potential harm to the public;
(10) The length of time the permit has been held by the permittee; (11) Evidence of expungement proceedings under California Penal Code § 1203.4; and (12) Any other factor that makes the situation unique or the violation of greater concern, with respect to the permittee or the permitted premises.
(vi) The City Manager also has the authority to suspend or revoke a cannabis business permit upon the following grounds:
(A) Where the City Manager has found and determined that the preservation of the public health, safety, peace and welfare necessitate suspension or revocation of said permit; (B) Where the permittee, the commercial cannabis business and/or any owner, operator or any employee thereof has violated or is in violation of any applicable provisions of this Chapter, other applicable provisions of this code and/or any other applicable provision of state law; (C) Where a permit has been granted on false or fraudulent evidence, testimony, or application; or (D) Where the permittee, commercial cannabis business and/or any owner, manager or employee thereof has violated or is in violation of the terms and provisions of said permit. (vii) Hearing prior to suspension or revocation. No permit will be suspended or revoked, unless based on the suspension and/or revocation of a state license, until said permittee has had an opportunity for a hearing before the City Manager or their designee.
(viii) Written notice of the revocation or suspension, the reasons therefore and the requirement to request a hearing must be given by certified mail to a permittee’s last known mailing address or by such other method reasonably calculated to provide notice.
(ix) The revocation or suspension are final and effective after ten calendar days following the date of mailing set forth in section, unless the permittee files an application for a hearing with the City Clerk prior to such effective date. There are no cost to the permittee for such a hearing under this section. (x) Except as otherwise provided in this section, the hearing will be commenced within 30 calendar days of the filing of an application for hearing, unless the City and permittee agree otherwise. Hearings conducted pursuant to this section must be open to the public, must not be conducted according to the technical or traditional rules relating to evidence, and must provide, personally or by counsel or both, an opportunity for permittee to defend and present evidence on their behalf. At least ten calendar days prior to the hearing, permittee must be provided with any documentation upon which the revocation or suspension is based. Following the close of the hearing, the City Manager or their designee must within 30 days render a written decision. (xi) Notwithstanding the foregoing, the City Manager may suspend, pending a hearing, any cannabis business permit where it has been determined by thereby that an immediate suspension of the permit Created: 2022-05-13 14:23:14 [EST]
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is necessary for the protection of the public health, safety, peace and welfare. In the event of such a suspension, the City Manager must, within 12 hours after said suspension, cause to be served upon said business or permittee a written statement containing the grounds for said suspension, any written documentation upon which the revocation is based and a notice of hearing to show cause before the City Manager or their designee why said permit should not be permanently revoked, which said hearing must be commenced no later than five calendar days following the service of said notice unless the parties thereto agree otherwise, and thereafter followed by a written decision pursuant to this section.
(xii) Following the hearing, or a waiver thereof by permittee, the City Manager or their designee may also modify and/or add conditions and/or requirements of the cannabis business permit in lieu of suspension or revocation.
(xiii) A suspension or revocation of a cannabis business permit may be appealed in accordance with Article

6. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.504. Renewal Applications.
(a) An application for renewal of a cannabis business permit shall must be filed at least sixty (60) calendar days prior to the expiration date of the current permit, regardless of the operational status of the business. (b) The applicant shall must pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. Once submitted to the City all fees shall be are non-refundable. (c) An application for renewal of a cannabis business permit shall will be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration, unless good cause is shown for failure to timely apply as approved in the sole discretion of the City Manager. (2) The cannabis business permit is suspended or revoked at the time of the application. (3) The cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application.
(4) The cannabis business has failed to conform to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter.
(5) The permittee fails or is unable to renew its State of California license. (6) If the City or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this Chapter, of the City's Municipal Code, or of the state rules and regulations, or of any term or condition of the permit, and the City or state has determined that the violation is grounds for termination or revocation of the cannabis business permit. (d) The City Manager or his designee is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager or his designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with newly adopted, repealed, or amended state or local laws and regulations, preserve the public health, safety or welfare.

Appeals from the decision of the City Manager or his designee shall must be handled pursuant to Article 6 of this Chapter.
(e) If a renewal application is rejected, a person an applicant may file a new application pursuant to this Chapter no sooner than one (1) year from the date of the rejection.

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( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.505. Effect of State or City License Suspension, Revocation, or Termination.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a cannabis business to operate within the City of California City.

Sec. 5-6.506. Prohibition on Transfer of Cannabis Business Permits. (a) No person shall operate a cannabis business at any location other than the location specifically authorized and identified on the City issued cannabis business permit. A permittee may request that the specifically authorized location identified on the City issued cannabis business permit be changed to another specifically authorized location that meets all zoning requirements, including but not limited to distances, for identified uses without the need to reapply for a new permit. The City Manager is authorized to make the final decision concerning the issuance of a change in location and reissue of the cannabis business permit for the new location.
(b) Cannabis business permits issued through the grant of a transfer shall be valid for a period of one (1) year beginning on the day the City Manager approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this chapter. (c) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 75% of the original ownership), must be approved by the City Council and executed by the City Manager through the transfer process set forth in this section. Failure to comply with this provision is grounds for permit revocation. (d) A permittee may change the form of business entity without applying to the City Manager for a transfer of permit, provided that either:

1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 75% of the membership is identical), or

2. If the original permittee is a cooperative or collective and then transitions to a new business entity to comply with Section 5-6.301, subdivision (b), provided that the original operator(s) of the original permittee business are the same, and the only change is removing collective/cooperative members from the ownership of the new business entity.

Although a transfer is not required in these two circumstances, the permit holder is required to notify the City Manager in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation.
(e) No cannabis business permit may be transferred when the City Manager or Police Chief has notified the permittee that the permit has been or may be suspended or revoked. (f) Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.507. CEQA COMPLIANCE.

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Any applicant for a cannabis business permit, and/or zoning or conditional use permit, as applicable, shall be responsible for all costs associated with the preparation of all initial studies, negative declarations, environmental impact reports and/or other environmental documents or studies, if any, including administrative costs, necessary for the approval of such cannabis business permit, zoning or conditional use permit, as applicable, or the establishment or operation of a cannabis business, as well as the costs associated with the City’s use of a third party reviewer to ensure application completeness.

ARTICLE 6. APPEALS
Sec. 5-6.601. Appeals from Decisions of the City Manager or his Designee under this Chapter.

Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Chapter from a decision of the City Manager or his or her designee, the appeal shall be conducted as prescribed in this Chapter.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.602. Written request for Appeal.
(a) Within ten (10) calendar days after the date of a decision of the City Manager or his designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. (b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.603. Appeal Hearing.
(a) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council.

The City Council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the City.
(b) The appeal shall be held within a reasonable time after the filing of the appeal, but in no event later than ninety (90) days from the date of such filing. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing.
(c) At the hearing the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. (d) At the conclusion of the hearing the City Council may affirm, reverse or modify the decision appealed. The decision of the City Council shall be final.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.604. Appeal of Administrative Fines.

Administrative fines issued pursuant to Sec. 5-6.1504 and Sec. 1-5.08 can be appealed by the process set out in Sec. 1-5.08.
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 7. CANNABIS DISPENSARY PERMITTEE SELECTION PROCESS California City, California, Code of Ordinances Created: 2022-05-13 14:23:14 [EST] (Supp. No. 10)

ARTICLE 7. CANNABIS DISPENSARY PERMITTEE SELECTION PROCESS Sec. 5-6.701. Selection and Review of Finalists.
(a) The City Council shall adopt by resolution a procedure by which the applicants in each category of cannabis dispensary will be presented to the City Council for a final determination at a public meeting. (b) The top applicants in each category of cannabis dispensary that are selected for final consideration may be invited to attend the City Council meeting, where they will be expected to make a public presentation introducing their teams and providing an overview of their proposals. In order to provide adequate time, presentations may be divided over more than one meeting over multiple days as determined to be necessary.
(c) At least ten (10) days prior to the hearing, notice of the hearing shall be sent to all property owners located within three hundred (300) feet of the proposed dispensary locations of each of the finalists to be considered by the City Council.
(d) The City Council shall rank the final candidates and shall select the top candidate in each category of cannabis dispensary, which candidate shall become the prevailing candidate. The City Council's decision as to the selection of the prevailing candidates shall be final. (e) Official issuance of the cannabis dispensary permit, however, is conditioned upon the prevailing candidate obtaining all required land use approvals. Following the Council's selection, the prevailing candidate shall apply to the City to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall comply with all applicable provisions of CEQA. The City Manager shall formally issue the cannabis dispensary permit once the City Manager and Building Department have both affirmed that all of the required land use approvals have been obtained. (f) Issuance of a cannabis dispensary permit does not create a land use entitlement. The cannabis dispensary permit will be for a term of twelve (12) months and shall expire at the end of the twelve (12) month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the state and local laws and regulations, including but not limited to the requirements of this Chapter and of the permit, have been complied with. (g) Notwithstanding anything in this Chapter to the contrary, the City Council reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a cannabis dispensary permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this Chapter.
(h) If an application is denied, a new application may not be filed for one (1) year from the date of the denial. (i) Each person granted a cannabis dispensary permit shall be required to pay the permit fee established by resolution of the City Council, to cover the costs of administering the cannabis business permit program created in this Chapter.
( Ord. No. 18-766, § 2, 8-28-2018 )
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 8. REQUIREMENTS BEFORE PERMITTEE MAY COMMENCE OPERATIONS California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 14:23:14 [EST] (Supp. No. 10)
Page of 68 of 84
Sec. 5-6.702. Permits Issued to Back-up Applicants.

The City Council reserves the right at any time, in its sole discretion, to simply restart the selection process over.

Alternatively, within eighteen (18) months following the issuance of any cannabis dispensary permit, if any of the candidates chosen by the City Council to be permitted withdraws from the process or its application is terminated for any reason, the City Council may direct staff to determine whether the runner-up applicant (ranked next highest after those chosen for permitting in the same category) in that category, based on the final ranking of the finalist, still desires a permit. If the applicant still desires a permit, city staff shall proceed to hold a public hearing, which will include notice to surrounding property owners, to evaluate the runner-up candidate's application for potential issuance of a permit. The City will utilize the same process which was used for the applicants chosen to receive permits. Prior to the hearing, the runner-up applicant shall be required to complete any additional requirements, and to update any information from its original application, which the City Manager or his/her designee may determine is reasonably required to verify that the applicant still appropriately qualified and has met all requirements. The City Council shall then hold the public hearing and make a determination whether a permit should be issued to the runner-up applicant or be denied. If the Council determines a permit should be issued, the applicant shall be required to follow the same process for land use and zoning approvals, before a permit will officially be issued.

Notwithstanding the foregoing, the City shall have no obligation to offer the permit to the runner-up applicant if an applicant has withdrawn its application, or if the Council finds, based on substantial evidence that the applicant no longer qualifies, is in violation of state or local laws or regulations, or that it would not be in the community's best interest to grant the permit as a result of impacts on the community's health, safety or welfare. ( Ord. No. 18-766, § 2, 8-28-2018 )
ARTICLE 8. REQUIREMENTS BEFORE PERMITTEE MAY COMMENCE OPERATIONS Sec. 5-6.801. City Business License.

Prior to commencement of operations a cannabis business shall obtain a City of California City business license.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.802. Building Permits and Inspection.

Prior to commencement of operations a cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals and other zoning and land use Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

permit(s) and approvals confirming that the business and building complies with the Building Code and Fire Code and all other applicable provisions of the California City Municipal Code and State law. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.803. Certification from Building Department.

Prior to commencing operations, a cannabis business must obtain a certification from the City Manager certifying that the business is located on a site that meets all of the requirements of the City's Zoning and Municipal Code, including Title 9, Chapter 2, Article 29 (Cannabis businesses). ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.804. Right to Occupy and to Use Property.

As a condition precedent to the City's issuance of a cannabis business permit pursuant to this Chapter, any person intending to open and to operate a cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the cannabis business on the owner's property.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.805. Limitations on City's Liability.

To the fullest extent permitted by law, the City of California City shall not assume any liability whatsoever with respect to having issued a cannabis business permit pursuant to this Chapter or otherwise approving the operation of any cannabis business. As a condition to the approval of any cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the cannabis business permit:
(a) They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of California City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the cannabis business permit, the City's decision to approve the operation of the cannabis business or activity, the process used by the City in making its decision, the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents. (b) Maintain insurance at coverage limits, and in the minimum amount of $1 million per claim and $2 million in the aggregate naming the City as an additional insured on all City-required insurance policies with conditions thereon determined necessary and appropriate from time to time by the City Attorney. (c) Reimburse the City of California City for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City of California City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's cannabis business permit, or related to the City's approval of a cannabis activity. The City of California City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 9. OPERATING REQUIREMENTS FOR ALL CANNABIS BUSINESSES PERMITTED UNDER THIS CHAPTER California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

ARTICLE 9. OPERATING REQUIREMENTS FOR ALL CANNABIS BUSINESSES

PERMITTED UNDER THIS CHAPTER
Sec. 5-6.901. Records and Recordkeeping.
(a) Each owner and operator of a cannabis business shall must maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a cannabis business permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each cannabis business shall must file a sworn statement detailing the number of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall must also include gross sales for each month, and all applicable taxes paid or due to be paid. (b) Each owner and operator of a cannabis business shall must maintain a current register of the names and the contact information (including the name, address, telephone number, and percentage of ownership) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall must be provided to the City Manager or his/her designee(s) upon a reasonable request. If at any time a corporation, LLC, company, trust or other entity holds an interest in a cannabis business, the register required by this paragraph shall must also include the name and contact information of a person designated as being able as answer all questions on behalf of that entity, together with the name of every person holding an interest in that cannabis business. The designated representative shall must provide whatever additional information the City Manager or his/her designee or the Police Department may reasonably request concerning the owners of that entity. (c) All cannabis businesses shall must maintain an inventory control and reporting system as required by state law and all permittees must comply with the track and trace system established by the State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16 of the California Code of Regulations, as the same may be amended from time to time. (d) Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA) regulations, each cannabis business shall must allow City of California City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than two (2) business days after receipt of the City's request, unless otherwise stipulated by the City.
( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.902. Security Measures.
(a) A permitted cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City, these security measures shall include compliance with all State security regulations required under the Cannabis Licensee's State cannabis license, as those regulations may be amended from time to time Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

(b) Every cannabis business and cannabis dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. As part of an application for a cannabis use, each applicant shall prepare and submit a security plan for review and approval by the Chief of Police, which approval or denial will be based upon the security standards stated above and in compliance with any security measures agreed upon between the City Manager and Chief of Police. Said plans shall remain updated and secured on file in the protective custody of the Building Department. The information provided for purposes of this section shall be maintained by the Building Department as confidential information and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.
(c) The City Council may impose further security requirements above and beyond the minimum-security requirements imposed by State regulations, upon the recommendation of the City Manager in consultation with the Chief of Police based on the unique circumstances associated with a particular cannabis business.

Except as may otherwise be determined by the City Council, these security measures shall include compliance with all State security regulations required under the Cannabis Licensee's State cannabis license, as those regulations may be amended from time to time.
(d) A cannabis business shall identify a designated security representative/liaison to the City of California City, who shall be reasonably available to meet with the City Manager, the City's Police Chief, the City Fire Chief, or their designees, regarding any security related measures or and operational issues. (e) The cannabis business shall cooperate with the City whenever the City Manager or his designee makes a request, upon reasonable notice to the cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. (f) A cannabis business shall notify the Chief of Police and the City Manager or his/her designee within twentyfour (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager working in consultation with the Chief of Police. (2) Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
(3) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the cannabis business. (g) When more than one cannabis businesses or dispensary is located adjacent to, or in close proximity to another cannabis business or dispensary, the businesses or dispensaries may present a joint security plan to the Chief of Police for review and approval to avoid redundant activity and excess costs, provided the required level of security and effectiveness are not compromised, as determined by the Chief of Police. (h) Owners of all cannabis facilities in the city must identify all animals on the premises on a sign to be located at the knock box, No person(s) may keep or bring an animal onto the property of a cannabis business unless the animal is a service animal as defined by Title II of the Americans with Disabilities Act. Property owners are responsible for the costs of the sign and installation of the sign. All animals must be kept on leash at all times while on the cannabis business to safeguard inspectors and first responders in the event of an emergency. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.903. Restriction on Alcohol Sales.

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on the premises of the cannabis business. Alcoholic beverages may be consumed on the premise incident to a properly permitted event such as a grand opening or grand-opening or community event.

Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.904. ReservedReport 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 shall 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 shall must pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each , including but not limited to name badges for the employees identification of the cannabis business. Cannabis businesses shall be 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. (2) No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 10. ADDITIONAL REQUIREMENTS FOR DISPENSARIES
California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

(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.
(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, flags, billboards or other prohibited signs may be used at any time.
(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 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 - Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 10. ADDITIONAL REQUIREMENTS FOR DISPENSARIES
California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

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 11105(b)(11) and 13300(b)(11), 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, or supervisor, 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 11105(b)(11) and 13300(b)(11), 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, which must be paid at the time the application for a cannabis business permit is submitted. 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. (l) 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. (m) 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 Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

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 incorporating 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. (e) 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
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. (f) 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 - Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 12. ADDITIONAL REQUIREMENTS FOR DELIVERY DISPENSING SERVICES California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

(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. (b(c) In no case shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.
(cd) Cannabis cultivation shall 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. (d(f) 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.
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 13. ADDITIONAL REQUIREMENTS FOR MANUFACTURED CANNABIS California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

(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 quality management district before beginning operations and must furnish receipt of these permits to the City. (k) The cultivation site must comply with the State’s track and trace system and requirements, as may be amended from time to time.
(l) 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 (F), above. All records shall be maintained for seven (7) years from the date created or longer if required by State or Federal law.
(e(m) 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.
(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 the 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 Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

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 this Chapter can only be made in a city or county that does not expressly prohibit it by ordinance.
( 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. ( 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.
(A) 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; Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

(B) 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 (IBC);
(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.

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 )
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 15. VIOLATIONS AND ENFORCEMENT
California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)
Page of 80 of 84
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 the permit holder's presence. ( Ord. No. 18-766, § 2, 8-28-2018 )
Sec. 5-6.1405. Inspection and Enforcement.
(a) The City's Police Department, Fire Department, Code Enforcement and Building Department, and Finance 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 )
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 15. VIOLATIONS AND ENFORCEMENT
California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

ARTICLE 15. VIOLATIONS AND ENFORCEMENT
Sec. 5-6.1501. Violations declared a public nuisance.

Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

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 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. (a) 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.

Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

(b) 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 ($10,000.00) per day if administrative fines are imposed immediately without prior issuance of a Notice of Violation. (c) 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.
(d) 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.
(e) 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.
(f) 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. (g) 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.

Each and every day a violation of this section exists 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 )
Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

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:
(A) "Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or a cannabis product. (B) "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.
(D) "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.
(E) 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.
(F) “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.

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 this 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.

Created: 2022-05-13 14:23:15 [EST]
(Supp. No. 10)

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:
(A) 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.
- Code of Ordinances
TITLE 9 LAND USE AND DEVELOPMENT
California City, California, Code of Ordinances Created: 2022-05-13 14:23:32 [EST] (Supp. No. 10)

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;
Created: 2022-05-13 14:23:25 [EST]
(Supp. No. 10)

(6) Seismic safety;
(7) Noise;
(8) Scenic highway; and
(9) Safety.
(b) The general plan may include the following elements:
(1) Natural resources;
(2) Parks;
(3) Recreation;
(4) Beaches;
(5) 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.

Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)

(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
R1 Single Family Residential
R2 Single Family Residential
R3 Single Family Residential
R4 Single Family Residential
R5 Single Family Residential
RM1 Multiple Family Residential
RM2 Multiple Family Residential
C1 Neighborhood Commercial
C2 Community Commercial
C3 Commercial/Office
C4 Service Commercial
C5 Regional Commercial
CMC Community Medical Center
M1 Light Industrial
M2 Heavy Industrial
O 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 the 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 of fire 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.

Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)

(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. (f) "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. (l) "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.
(ll) "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 Created: 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
Motel Rooms
Parking Requirements
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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 thirty-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. of floor 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. of floor 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 (50 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.
(k) 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 Created: 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.
(5) 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) Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)

Sec. 9-2.2A05. 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 time 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 of time. (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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(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;
(5) 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 the 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]
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(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;
(5) 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 2B. REASONABLE ACCOMMODATIONS
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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 of the 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; (b) 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. 9-2.2B05. 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. 9-2.2B06. 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. 9-2.2B07. 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. 9-2.2B08. 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 RM1 District shall not exceed four (4) stories or forty-five (45) feet in height, whichever is less. (b) 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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(c) 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 RM1 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 R1, R2, R3, R4, R5, RA, RM1 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. of floor 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)
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)

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
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)