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.
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(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]
(Supp. No. 10)
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)
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
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.
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(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;
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(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;
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(v) The sign height shall be lower than the height of the enclosed buildings or walls and the signs shall not be visible from a public street or adjoining property; (vi) Real estate signs shall be removed within ten (10) days after close of escrow for the sale of the property; and
(vii) Any sign placed in the public "right-of-way" shall require a permit issued by the City and any location or placement shall be approved by the City Engineer. The numbers of directional signs allowed for "open house" and any similar real estate promotion shall be limited to two (2) per quarter (¼) mile, with turn identifiers exempted from this provision. Signs shall be on display only when the advertised real estate is open for inspection. (3) This section shall not restrict the number or size of temporary real estate signs erected out-of-doors within a courtyard or enclosed mall.
(c) Temporary subdivision signs shall meet the following standards:
(1) Off-site temporary subdivision signs:
(i) The signs shall be located at primary streets providing directions to the subdivision; and (ii) The overall height of each sign shall not exceed eight (8) feet and thirty-two (32) square feet in total area.
(2) On-site temporary subdivision signs:
(i) The signs shall be located at the primary entrance to the subdivision or at the model homes; and (ii) The overall height of each sign shall not exceed eight (8) ft. and thirty-two (32 sq. ft. in area. (d) Temporary Construction Signs. Where a building is under construction, temporary signs may be erected to identify the project owner, architect, landscape architect, contractor, building, lender, and proposed use, provided however, they meet the following standards:
(1) There shall be no more than one such temporary construction sign at each end of any one project; (2) The sign shall not exceed thirty-two (32) sq. ft. in area; (3) The sign shall not be illuminated;
(4) The sign shall not be attached to a building;
(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]
(Supp. No. 10)
(vi) A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the use and an explanation of how said number was derived, such as number of pre-sold tickets, available seating and/or parking, and past experience with similar activities; and
(vii) Other such items as reasonably requested by the Planning Director to determine the feasibility of the temporary use.
(viii) Evidence of insurance.
(2) After the application is determined to be complete, the Planning Director shall solicit recommendations from the City Fire Chief, Police Chief, City Engineer, and other enforcement agents as deemed necessary. The Planning Director shall approve, approve with conditions, or deny the application pursuant to this Article. Conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards. (3) After making a decision, the Planning Director shall give the applicant written notice of the decision. (4) A record of temporary use permits shall be maintained in the office of the Planning Director. (e) The following standards shall apply to the issuance of a temporary use permit. No temporary use permit shall be issued unless the Planning Director finds the proposed temporary use:
(1) Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;
(2) Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the City;
(3) Will not conflict with construction or development in the public right-of-way or at public facilities; (4) Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the City;
(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
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
Sec. 9-2.2B01. Purpose.
It is the purpose of this Article, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the City's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this Article is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation from the various land use, zoning, or building laws, rules, policies, practices and/or procedures 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;
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(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.
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(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.
Created: 2022-05-13 14:23:26 [EST]
(Supp. No. 10)
(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.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
(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)
(f) Open space and conservation lands.
(Ord. No. 03-610, 8-5-2003)
Sec. 9-2.402. Conditional Uses.
The following uses may be permitted in the RA District with a conditional use permit:
(a) Churches in excess of fifteen thousand (15,000) sq. ft. (b) Public or quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed daycare facilities for more than twelve (12) children; churches, parsonages and other religious institutions. (c) Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes for acute psychiatric, drug addiction or alcoholism cases.
(d) Public uses of a recreational or cultural type including museums, art galleries, ambulance services. (e) Electric distribution substations.
(f) Gas regulator stations.
(g) Public utility service yards, excluding municipally owned. (h) Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned. (i) Mobile home parks.
(j) Planned developments.
(k) Fraternal organizations, lodge halls, private clubs, philanthropic institutions and other related quasipublic institutions. (l) Private or public golf courses.
(m) Outdoor festivals (including those on private property and excluding City sponsored activities). (n) Commercial and noncommercial communication facilities (equipment buildings) and towers. (o) Portable cargo container accessory to the main structure and used on the same site. (p) Governmental or quasi-governmental correction, probation or prison facilities and services. (q) Recreational camps and resorts.
(r) Sites for the development or extraction of natural materials. (s) Boat liveries.
(t) Recreational camps and resorts.
(u) Equine veterinaries; equestrian establishments, including stables and horse corrals, riding academies, riding schools, and riding amusements.
(Ord. No. 03-610, 8-5-2003)
Sec. 9-2.403. Site and Structure Requirements.
The following site and structure standards apply to the RA District:
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
(a) The minimum lot area in the RA District is one acre (43,560 sq. ft). (b) The minimum dimension of a lot in the RA District is:
Min. Width Min. Depth
120 ft. 150 ft.
(c) The maximum lot area covered by structures shall be ten thousand (10,000) sq. ft., of which a maximum of one thousand (1,750) sq. ft. being accessory buildings. (d) Set Back requirements in the RA District are:
Front Yard Side Yard Rear Yard
25 ft. 10 ft. (single) 25 ft. (single story)
15 ft. (two story) 20 ft. (two story)
20 ft. (street corner)
(Ord. No. 09-672, 2-17-2009)
ARTICLE 5. R1 - ONE-FAMILY RESIDENTIAL DISTRICT
MEDIUM DENSITY
Sec. 9-2.500. Purpose.
The medium density one-family residential district is established to provide living areas within the City where development is limited to medium density concentrations of one-family dwellings and implement the six dwelling unit per acre density standard of the General Plan.
Sec. 9-2.501. Permitted Uses.
(a) The following uses are permitted in an R1 District:
(1) One-family dwellings; and
(2) Private garages not to exceed three (3) automobiles in capacity unless the lot size is at least twelve thousand five hundred (12,500) sq. ft., the minimum lot frontage is one hundred (100) ft., and the house size is at least two thousand (2,000) sq. ft., in which event a four-automobile garage is permitted.
(b) For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Such household pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising. breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted. Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty (20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public. No raising, breeding, keeping or maintaining of fauna is permitted.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
Sec. 9-2.502. Conditional Uses.
The following uses may be permitted in the R1 District with a conditional use permit:
(a) Electric distribution substations.
(b) Gas regulator stations.
(c) Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned. (d) Mobile home parks.
(e) Planned developments.
(f) Licensed daycare for nine (9) to fourteen (14) children in addition to the residing family. (g) Twenty-four-hour care facilities for foster homes, for a maximum of six (6) individuals in addition to the residing family.
(h) Five-car garages if the lot size is at least twelve thousand five hundred (12,500) square feet, lot frontage is at least one hundred (100) feet, and the house size is at least two thousand (2,000) square feet.
Sec. 9-2.503. Site and Structure Requirements.
(a) The minimum lot area in the R1 District is 6,000 square feet. (b) The minimum dimensions of a lot in the R1 District is:
Min. Width Min. Depth
60 ft. 100 ft.
(c) Structures shall cover no more than 45% of the lot area in an R1 District. (d) Set Back Requirements in the R1 District are:
Front Yard Side Yard Rear Yard
25 ft. 5 ft. (single) 5 ft. (single story)
10 ft. (two story) 10 ft. (two story)
15 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (e) One single-family residential unit is permitted on a lot in the R1 District.
ARTICLE 6. R2 - ONE-FAMILY RESIDENTIAL DISTRICT
MEDIUM-LOW DENSITY
Sec. 9-2.600. Purpose.
The medium-low density R2 District is established to implement the four dwelling units per acre density standard of the General Plan.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
Sec. 9-2.601. Permitted Uses.
The following uses are permitted in an R2 District: Uses permitted in the R1 District.
Sec. 9-2.602. Conditional Uses.
The following uses are permitted in an R2 District with a conditional use permit: Uses permitted in an R1 District with a conditional use permit.
Sec. 9-2.603. Site and Structure Requirements.
(a) The minimum lot area in the R2 District shall be ten thousand (10,000) square feet. (b) The minimum dimensions of a lot in the R2 District is:
Min. Width Min. Depth
80 ft. 100 ft.
(c) The maximum lot area covered by structures shall be four thousand five hundred (4,500) sq. ft., of which a maximum of one thousand seven hundred fifty (1,750) sq. ft. being accessory buildings. (d) Setback requirements in the R2 District are:
Front Yard Side Yard Rear Yard
25 ft. 5 ft. (single) 20 ft. (single story)
10 ft. (two story) 20 ft. (two story)
15 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 7. R3 - ONE-FAMILY RESIDENTIAL DISTRICT LOW DENSITY Sec. 9-2.700. Purpose.
The low density R3 District is established-to implement the two (2) dwelling unit per acre density standards of the General Plan.
Sec. 9-2.701. Permitted Uses.
The following uses are permitted in an R3 District: Uses permitted in the R2 District.
Sec. 9-2.702. Conditional Uses.
The following uses may be permitted in the R3 District with a conditional use permit: Uses permitted in an R2 District with a conditional use permit.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
Sec. 9-2.703. Site and Structure Requirements.
(a) The minimum lot area in the R3 District shall be twenty thousand (20,000) sq. ft. (b) The minimum dimensions of a lot in the R3 District is:
Min. Width Min. Depth
80 ft. 200 ft.
(c) Coverage: The maximum lot area covered by structures shall be six thousand (6,000) square feet, of which a maximum of one thousand seven hundred fifty (1,750) square feet being accessory buildings. (d) Setback requirements in the R3 District are:
Front Yard Side Yard Rear Yard
25 ft. 5 ft. (single) 20 ft. (single story)
10 ft. (two story) 20 ft. (two story)
15 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 8. R4 - ONE-FAMILY RESIDENTIAL DISTRICT ESTATE DENSITY Sec. 9-2.800. Purpose.
The estate density, R4 District, is established to implement density standards of the General Plan.
Sec. 9-2.801. Permitted Uses.
The following uses are permitted in the R4 Residential District: Uses permitted in an R3 District and keeping of animals as permitted in the RA District.
Sec. 9-2.802. Conditional Uses.
The following uses may be permitted in the R4 District with a conditional use permit: Uses permitted in an R3 District with a conditional use permit.
Sec. 9-2.803. Site and Structure Requirements.
(a) The minimum lot area in the R4 District shall be eighty thousand (80,000) sq. ft. (b) The minimum dimensions of a lot in the R4 District are:
Min. Width Min. Depth
200 ft. 200 ft.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
(c) Coverage: The maximum lot area covered by structures shall be eleven thousand seven hundred fifty (11,750) square feet, of which a maximum of three thousand five hundred (3,500) square feet being accessory buildings.
(d) Setback requirements in the R4 District are:
Front Yard Side Yard Rear Yard
25 ft. 25 ft. (single) 25 ft. (single story)
50 ft. (two story) 50 ft. (two story)
25 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 9. R5 - ONE-FAMILY RESIDENTIAL DISTRICT ESTATE DENSITY Sec. 9-2.900. Purpose.
The estate density, R5 District, is established to implement density standards of the General Plan.
Sec. 9-2.901. Permitted Uses.
The following uses are permitted in the R5 District: Uses permitted in an R4 District.
Sec. 9-2.902. Conditional Uses.
The following uses may be permitted in the R5 District with a conditional use permit: Uses permitted in an R4 District with a conditional use permit.
Sec. 9-2.903. Site and Structure Requirements.
(a) The minimum lot area in the R5 District shall be two hundred thousand five hundred sixty (200,560) square feet.
(b) The minimum dimensions of a lot in the R5 District are:
Min. Width Min. Depth
200 ft. 500 ft.
(c) The maximum lot area covered by structures shall be fifteen thousand two hundred fifty (15,250) square feet, of which a maximum of seven thousand (7,000) square feet being accessory buildings. (d) Setback requirements in the R5 District are:
Front Yard Side Yard Rear Yard
25 ft. 25 ft. (single) 25 ft. (single story)
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
50 ft. (two story) 50 ft. (two story)
25 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft. (Ord. No. 09-672, 2-17-2009)
ARTICLE 10. RM1 - MULTIPLE FAMILY RESIDENTIAL DISTRICT
HIGH DENSITY
Sec. 9-2.1000. Purpose.
The RM1 District is created for multiple-family dwellings to implement density standards for areas designated High Density by the General Plan.
Sec. 9-2.1001. Permitted Uses.
The following uses are permitted in the RM1 District:
(a) Uses permitted in an R4 District; and
(b) Multi-family dwellings.
Sec. 9-2.1002. Conditional Uses; Commission Approval.
The following uses may be permitted in the RM1 District with a conditional use permit:
(a) Churches in excess of (15,000) square feet.
(b) Public or quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed daycare facilities for more than twelve (12) children; churches, parsonages and other religious institutions. (c) Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes for acute psychiatric, drug addiction or alcoholism cases.
(d) Public uses of a recreational or cultural type including museums, art galleries, ambulance services. (e) Electric distribution substations.
(f) Gas regulator stations.
(g) Public utility service yards, excluding municipally owned. (h) Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned. (i) Mobile home parks.
(j) Planned developments.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
(k) Fraternal organizations, lodge halls, private clubs, philanthropic institutions and other related quasipublic institutions. (l) Private or public golf courses.
(m) Outdoor festivals (including those on private property and excluding City sponsored activities). (n) Commercial and noncommercial communication facilities (equipment buildings) and towers. (o) Boarding and Rooming Houses.
(p) Cemeteries and mausoleums.
(Ord. No. 03-610, 8-5-2003)
Sec. 9-2.1003. Site and Structure Requirements.
(a) The minimum lot area in the RM1 District shall be four thousand three hundred fifty-six (4,356) sq. ft. (b) Each dwelling unit in a RM1 District shall have at least eight hundred fifty (850) square feet of floor space. (c) The minimum dimensions of a lot in an RM1 District are:
Min. Width Min. Depth
60 ft. 100 ft.
(d) The maximum lot area covered by structures shall be 50% of the area of the site or lot. (e) Setback requirements in the RM1 District:
Front Yard Side Yard Rear Yard
15 ft. 5 ft. (single) 5 ft. (single story)
10 ft. (two story) 10 ft. (two story)
10 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft.
ARTICLE 11. RM2 - MULTIPLE FAMILY RESIDENTIAL DISTRICT
HIGH DENSITY
Sec. 9-2.1100. Purpose.
The RM2 District is created for multiple-family dwellings to implement density standards for areas designated High Density by the General Plan. The RM2 District is intended exclusively for application to areas designated High Density by the General Plan.
Sec. 9-2.1101. Permitted Uses.
The following uses are permitted in the RM2 District: Uses permitted in an RM1 District with a conditional use permit.
Created: 2022-05-13 14:23:27 [EST]
(Supp. No. 10)
Sec. 9-2.1102. Conditional Uses; Commission Approval.
The following uses may be permitted in the RM2 District with a conditional use permit: Uses permitted in the RM1 District with a conditional use permit.
Sec. 9-2.1103. Site and Structure Requirements.
(a) The minimum lot area in the RM2 District shall be two thousand one hundred seventy-eight (2,178) square feet.
(b) Each dwelling unit in an RM2 District shall have at least seven hundred (700) square feet of floor space per unit.
(c) The minimum dimensions of a lot in an RM2 District are:
Min. Width Min. Depth
60 ft. 100 ft.
(d) The maximum lot area covered by structures shall be 50% of the area of the site or lot. (e) Setback requirements in the RM2 District:
Front Yard Side Yard Rear Yard
15 ft. 5 ft. (single) 5 ft. (single story)
10 ft. (two story) 10 ft. (two story)
10 ft. (street corner)
Residential side yard setbacks along a public street shall allow a building structure to be ten (10) ft. from the property line provided that it is not a garage which has a driveway for vehicular access. A garage with a driveway on a street side yard shall have a setback of fifteen (15) ft.
ARTICLE 12. G - GOVERNMENT (PUBLIC FACILITIES) DISTRICTS Sec. 9-2.1200. Purpose.
This government (public facilities) district as designated in the General Plan is intended to provide land designated for the location or governmental and quasi-governmental facilities and services which are necessary to the general welfare of the community.
Sec. 9-2.1201. Established.
The government (public facilities) zoning district (G) is hereby established.
Sec. 9-2.1202. Permitted Uses.
The following are permitted uses in the G District: Administrative, public service, buildings and structures owned by public agencies or utilities regulated by the Public Utilities Commission.
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Sec. 9-2.1203. Development Review.
The proponent of a public project in the G District shall submit a report to the Planning Director. The Commission shall review the report for consistency with the General Plan. Proposed uses shall be reviewed for compliance with applicable City codes, standards and regulations.
ARTICLE 13. CMC - COMMUNITY MEDICAL CENTER DISTRICT
Sec. 9-2.1300. Purpose.
The CMC District provides for the location of medical facilities and medical offices in close relationship to one another in areas designated for community medical center use by the General Plan.
Sec. 9-2.1301. Permitted Uses.
The following uses are permitted in the CMC District:
(a) Ambulance Facilities.
(b) Convalescent Hospitals.
(c) Medical Clinics.
(d) Medical Facility Planned Development.
(e) Medical Research Facilities.
(f) Rehabilitation Hospitals.
(g) Residential Care Facilities.
(h) Rest Homes.
(i) Surgery Centers.
(j) Acute Care Hospitals.
(k) Chemical Dependency Treatment Facilities.
(l) Psychiatric Hospitals.
Sec. 9-2.1302. Site and Structure Requirements.
The following site and structure standards apply in the CMC District:
(a) The minimum lot area in the CMC District is one (1) acre. (b) The maximum building area in the CMC District is 30% of the lot area. (c) Setback for the front yard shall be twenty (20) ft. No rear yard or side yards shall be required unless the lot abuts a residential district in which event: the minimum rear yard and minimum side yards shall be twenty (20) ft.
ARTICLE 14. COMMERCIAL DISTRICTS - GENERAL REQUIREMENTS Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Sec. 9-2.1400. Purpose.
Commercial districts are designed to provide for retail stores, offices, service establishments and wholesale businesses for the convenience of the public.
Sec. 9-2.1401. Commercial District.
The following districts are designated for commercial purposes in accordance with the General Plan:
C1 Neighborhood Commercial
C2 Community Commercial
C3 Commercial/Office
C4 Service Commercial
C5 Regional Commercial
Sec. 9-2.1402. General Provisions and Exceptions.
The following applies to all commercial districts:
(a) Prior to issuance of a building permit, proposed commercial uses shall be reviewed by the Planning Director for compliance with applicable standards and regulations of this chapter. (b) Businesses, services and processes shall be conducted within enclosed structures, except for off-street parking, off-street loading areas, and patio dining for restaurants and businesses which by their nature must be conducted outside a structure.
(c) No use shall emit noxious odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosive. ( Ord. No. 12-711 , § 2, 8-8-2012)
ARTICLE 15. C1 - NEIGHBORHOOD COMMERCIAL DISTRICT
Sec. 9-2.1500. Purpose and Application.
The Neighborhood Commercial District as designated in the General Plan is intended for commercial retail services serving a neighborhood area.
Sec. 9-2.1501. Permitted Uses.
The following uses are permitted in the C1 District (building size under two thousand five hundred (2, 500) sq. ft.):
(a) Retail businesses:
Apparel stores
Bakeries
Candy, nut and confectionery
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Cleaning and laundry agencies, including the use of one (1) synthetic dry cleaning machine using nonflammable and non-explosive solvents
Clinics/medical offices
Convenience markets
Gunsmith shops
Floral shops
Food stores
Liquor
Meat markets, not including food lockers
Musical instrument sales and repair shops
Office machines sales and service
Offices
Pharmacy
Picture framing
Restaurants/catering
Retail stores
Shoe sales, service and repairs
Sporting goods shops
Stationery stores
Tailoring/pressing/altering clothing
Video machine and tape sales/rental
(b) Banks and financial institutions.
( Ord. No. 12-711 , § 2, 8-8-2012)
Sec. 9-2.1502. Conditional Uses All Commercial Districts. (a) Any non-categorized commercial businesses not listed in any area can be considered through the conditional use process.
(b) The following uses may be permitted in commercial districts unless otherwise specified with a conditional use permit:
Ambulance service
Amusement parks
Automotive service and repair (conditional in C1, C2, C3, and C5) Automotive storage yards
Bars not located within three hundred (300) ft. of any residential or public uses (conditional in C1 and C4) Bowling alleys
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Churches (minimum lot size fifteen thousand (15,000) sq. ft. and conditional in C1, C2, C3) Commercial recreational
Dance halls
Dance studio (conditional in C1, C-3)
Diaper supply service
Exterminators
Fire stations
Gas regulator stations (conditional in C1, C2, C3)
Gasoline service stations, including dispensing of diesel fuel and complete truck service (conditional in C1, C2, C3)
Gymnasiums (conditional in C1, C2, C3)
Kennels
Laboratories
Licensed day care facilities
Markets including convenience (conditional in C4)
Mini-storages
Offices (conditional in C4)
Police stations
Pool halls
Private clubs/lodges (conditional in C1, C2, C3)
Private recreational facilities
Recycling and collection facilities (conditional in C4) Residential use as an accessory use
Restaurants/eating places including serving beer and wine, patio dining, drive-in and drive through (conditional in C4)
Skating rinks, including ice, roller, skateboard (conditional in C1, C2, C3) Small animal hospitals
Stadiums
Taxidermist
Theaters and auditoriums (conditional in C1, C2, C3)
Tire sales and service (conditional in C1, C2, C3, C5)
Utility pumping stations
( Ord. No. 12-711 , § 4, 8-8-2012; Ord. No. 15-738 , § 2.D, 10-27-2015; Ord. No. 16-739 , § 1, 2-9-2016) ARTICLE 16. C2 - COMMUNITY COMMERCIAL DISTRICT
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Sec. 9-2.1601. Permitted Uses.
The following uses are permitted in the C2 District (building size up to four thousand (4,000) sq. ft.):
(a) Uses permitted in the C1 District.
(b) Retail businesses.
(c) The following commercial uses:
Appliance sales and service
Art/Antique shops
Barber shop
Bars not located within three hundred (300) ft. of any residential or public uses Beauty shop
Bicycle shops
Broadcasting studios
Business, professional and trade schools and colleges, including public utility training schools Dance studio
Garden suppliers
Laundromats to include coin operated and self-service
Medical supply store
Music/sound studio
Parking facilities
Radio/TV sales and repairs
Tool and cutlery sharpening
Watch and clock sales and repair
(d) Conditional uses are permitted in accordance with Section 9-2.1502(b). ( Ord. No. 12-711 , § 5, 8-8-2012; Ord. No. 15-738 , § 2.A, 10-27-2015) ARTICLE 17. C3 - COMMERCIAL/OFFICE DISTRICT
Sec. 9-2.1700. Purpose.
The Commercial/Office District as designated in the General Plan is intended to provide for the development of professional and administrative office space with commercial retail. This district may also be established as a transitional zone between residential and commercial uses. ( Ord. No. 12-711 , § 7, 8-8-2012)
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Sec. 9-2.1701. Permitted Uses.
The following uses are permitted in the C3 district (building size up to four thousand (4,000) sq. ft.):
(a) Uses permitted in C1 and C2.
(b) The following retail commercial uses:
Automotive sales and rentals
Book binding
Equipment sales and rentals
Farm feed and equipment sales
Trailer sales and rentals
(c) Conditional uses are permitted in accordance with Section 9-2.1502(b). ( Ord. No. 12-711 , § 8, 8-8-2012)
ARTICLE 18. C4 - SERVICE COMMERCIAL DISTRICT
Sec. 9-2.1800. Purpose.
The Service Commercial District as designated in the General Plan is intended for medium and high intensity commercial uses which provide commercial services, repair businesses, storage, wholesale and retail activities.
Sec. 9-2.1801. Permitted Uses.
The following uses are permitted in the C4 District:
(a) Uses Permitted in C1 (Neighborhood Commercial District) (b) Uses Permitted in C2 (Community Commercial District) (c) Uses Permitted in C3 (Commercial/Office District)
(d) The following service commercial uses:
Automobile repairing, overhauling, rebuilding, painting Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning Blueprint and photostat shops
Cabinet shops
Carpenter shops
Carpet and rug cleaning and dyeing
Churches in excess of fifteen thousand (15,000) sq. ft. minimum lot size Dance studio
Dry cleaning
Gasoline service stations, including dispensing of diesel fuel and complete truck service Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Glass shops
Gymnasiums
Linen supply
Locksmiths
Motorcycle sales and service
Photographic developing and printing
Plumbing shops
Private clubs/lodges
Refrigeration equipment sales and service
Safe and vault repairing
Sign painting
Stone and monument yards including stone mills
The installation of pump and underground storage tank having a capacity of three thousand gallons, when used for private companies listed as Class I under federal requirements for gasoline allotments (i.e., food suppliers, medical suppliers, etc.); also installation of underground storage tanks for auxiliary emergency facilities such as convalescent hospitals, hospitals, nursing homes, etc.
Tire sales and repair
Theaters
Upholstering shops
Utility pumping station
Vending machines
(e) Conditional uses are permitted in accordance with Section 9-2.1502(b) along with the following:
(1) Vehicular parking facility.
( Ord. No. 12-711 , § 10, 8-8-2012; Ord. No. 15-733 , § 2, 9-8-2015; Ord. No. 15-738 , § 2.B, 10-27-2015; Ord. No. 18-760 , § 2, 1-9-2018)
ARTICLE 19. C5 - REGIONAL COMMERCIAL DISTRICT
Sec. 9-2.1900. Purpose.
The Regional Commercial District as designated in the General Plan is intended for the exclusive establishment of commercial uses serving the region and traveling public and emergency shelters. ( Ord. No. 15-737 , § 2.C, 10-13-2015)
Sec. 9-2.1901. Permitted Uses.
The following are permitted in the C5 District:
(a) Uses permitted in the C1, C2 and C3 District only in large shopping centers:
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Churches in excess of fifteen thousand (15,000) sq. ft. minimum lot size Dance studio
Emergency shelters
Gasoline service stations
Gymnasiums
Hotels and motels
Motorcycles sales/repairs
Private clubs/lodges
Regional shopping
Regional shopping centers and malls
Theaters
(b) Conditional uses are permitted in accordance with Section 9-2.1502(b). ( Ord. No. 12-711 , § 12, 8-8-2012; Ord. No. 15-737 , § 2.D, 10-13-2015; Ord. No. 15-738 , § 2.C, 10-27-2015; Ord.
No. 18-760 , § 2, 1-9-2018)
Sec. 9-2.1902. Reserved.
Sec. 9-2.1903. Development Standards—Emergency Shelters.
Development standards:
(1) The maximum length of stay shall not exceed one hundred twenty (120) days in a three hundred sixtyfive-day period. (2) Each shelter may have a maximum of thirty (30) beds. (3) Off-site parking shall be provided at a parking rate of one parking space for three beds as per the California City Municipal Code Section 9-2.208 Schedule of Off-Street Parking Space Requirements for item (b)(3) charitable and religious institutions providing sleeping accommodations and parking shall be ADA compliant.
(4) Stays at the emergency shelter facility shall be limited between the hours of 5:00 p.m. and 8:00 a.m. (5) Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.
(6) Each emergency shelter shall provide an interior and exterior waiting area adequate to accommodate waiting clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated and visually screened from the public right-of-way. (7) The emergency shelter facility shall provide an on-site resident manager on-site at all times. (8) A minimum distance of three hundred (300) feet shall be maintained from another emergency shelter.
The distance of separation shall be measured in a straight line between the property lines of each use without regard to intervening structures or objects.
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
(9) The shelter operator shall provide minimum exterior lighting. In addition, the operator shall regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that homeless persons who have been denied access are not congregating in the neighborhood. (10) Alcohol and narcotics use and consumption are prohibited within the facility and on the property. (11) An operations plan shall be submitted for review and approval by the development services director and police chief prior to operation of the emergency shelter. The plan shall include minimum provisions related to on-site security and safety, staff training, loitering control, client eligibility, counseling services, and indoor and outdoor management of the facility. ( Ord. No. 15-737 , § 2.E, 10-13-2015)
ARTICLE 20. INDUSTRIAL DISTRICTS—GENERAL REQUIREMENTS
Sec. 9-2.2000. Scope.
This Article contains requirements common to all industrial districts. ( Ord. No. 12-714 , § 2, 11-20-2012)
Sec. 9-2.2001. Purpose.
The Industrial Districts are designed to achieve the following purposes:
(a) To reserve appropriately located land for various types of industrial uses as designated in the General Plan.
(b) To protect areas appropriate for industrial use from intrusion by residences and inharmonious uses. (c) To protect properties from noise, odor, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation and other hazardous and objectionable influences incidental to certain industrial uses. (d) To provide opportunities for certain types of industrial lands to concentrate in mutually beneficial relationships to each other.
(e) To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas.
( Ord. No. 12-714 , § 2, 11-20-2012)
Sec. 9-2.2002. Industrial Districts.
The following districts are established for industrial purposes:
M1 Light Industrial
M2 Heavy Industrial
( Ord. No. 12-714 , § 2, 11-20-2012)
Sec. 9-2.2003. General Conditions.
The following applies to industrial districts:
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
(a) The City Engineer, planning and building officials shall verify compliance of proposed uses with applicable city codes, standards and regulations prior to issuing any permit. (b) Open and unlandscaped portions of lots shall be maintained in good condition free from weeds, dust, trash and debris.
( Ord. No. 12-714 , § 2, 11-20-2012)
ARTICLE 21. M1 - LIGHT INDUSTRIAL DISTRICT
Sec. 9-2.2100. Purpose.
The M-1, light industrial, district is intended for urban areas designated for light industrial use in the General Plan.
( Ord. No. 12-714 , § 3, 11-20-2012; Ord. No. 16-742 , § 2.A, 9-13-2016) Sec. 9-2.2101. Permitted Uses.
The following uses are permitted in the M1 zone:
(a) Uses permitted in commercial districts.
(b) Light manufacturing, assembly, maintenance, or repair, including:
Apparel
Audio arts
Electrical equipment including, but not limited to, radio and television receivers, phonographs, and home motion picture equipment
Electrical supplies including, but not limited to, coils, condensers, switches, and wire cable assembly, provided no noxious or offensive fumes or odors are produced Small electric appliances, not including refrigerators, washing machines, dryers, dishwashers, and similar home appliances
Books
Breweries, distilleries, and wineries
Carpet and rug
Correctional facility appurtenances [furnishings]
Glass products
Feed and grain products
Kennels
Sheet metal products including, but not limited to, electric and neon signs, billboards, and commercial advertising structures
Ceramic products including, but not limited to, pottery, figurines and small glazed tile Machining; die and pattern making; metal stamping; and extrusion of small products Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
Measuring, analyzing and controlling instruments; photographic, medical, and optical goods; watches and clocks, et al. [Standard Industrial Code ("SIC") 380] Miscellaneous Manufacturing, Industries, et al. [SIC 390] Modular structures
Tobacco Stemming and Re-drying [SIC 214]
Wood products
(c) Sales, services, and repair, including, but not limited to:
Automobile, truck, boat, aircraft or trailer
Radio and television broadcasting studios
Telecommunication centers
Visual arts
Film studio (motion picture production sound stages and back lot sets) (d) Cargo containers incidental to the main use of the lot. ( Ord. No. 12-714 , § 3, 11-20-2012; Ord. No. 16-741 , § 2, 9-13-2016) Sec. 9-2.2102. Conditional Uses.
The following additional uses may be permitted in the M1 district with a conditional use permit if the Planning Commission finds special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristics normally attendant to operations of the use; and the use reasonably can be expected to conform with the required conditions prescribed for the M1 zone:
(a) Uses conditional in the commercial districts.
(b) Airports and heliports.
(c) Contractors storage yard/storage facility.
(d) Residential uses, provided:
(1) At least seven hundred (700) square feet shall be devoted exclusively to habitation; (2) No more than 33% of the total structure shall be devoted to habitation; (3) A one-hour fire wall, as determined by the Uniform Building Code, shall separate portions of the structure devoted to residential use from other uses; and (4) The permit shall terminate each time the residential use ceases. (e) The following uses described in SIC U. S. Major Group for Manufacturing follows:
(1) 200 Food and Kindred Products, et al.
(2) 210 Tobacco Products, et al. [w/exception 214 moved to permitted use in M1]. (3) 220 Textile Mill Products, et al.
(4) 230 Apparel and Other Finished Products Made From Fabrics and Similar Materials, et al. (5) 240 Lumber and Wood Products, Except Furniture, et al. (6) 350 Furniture and Fixtures, et al.
Created: 2022-05-13 14:23:28 [EST]
(Supp. No. 10)
(7) 260 Paper and Allied Products, et al.
(8) 270 Printing, Publishing, and Allied Industries, et al. (9) 280 Chemicals and Allied Products, et al.
(10) 290 Petroleum Refining and Related Industries, et al. (11) 300 Rubber and Miscellaneous Plastics Products, et al. (12) 310 Leather and Leather Products, et al.
(13) 320 Stone, Clay, Glass, and Concrete Products, et al. (14) 330 Primary Metal Industries, et al [excludes SIC 333 & 334 moved to M2 w/conditional use]. (15) 340 Fabricated Metal Products, Except Machinery and Transportation Equipment, et al. (16) 350 Industrial and Commercial Machinery and Computer Equipment, et al. (17) 360 Electronic and Other Electrical Equipment and Components, Except Computer Equipment, et al.
(18) 370 Transportation Equipment, et al.
(f) Research and development.
(g) Power generation, commercial
( Ord. No. 12-711 , § 14, 8-8-2012; Ord. No. 12-714 , § 3, 11-20-2012; Ord. No. 15-732 , § 2, 9-8-2015) Sec. 9-2.2103. Site and Structure Requirements (M1).
(a) There is no minimum lot area in the M1 District.
(b) There are no minimum setback requirements in the M1 District. (c) All lots within 200 feet of a residential property shall have an approved eight-foot block sound wall on those sides directly or indirectly facing residential uses.
(d) The total size of any structure is not limited so long as the developer complies with all requirements of the zone.
(e) Electrical requirements will be dictated by the size and nature of the development. Electrical use and installation must be safe and meet all state and local safety and building standards. Solar is a permissible means to meet the needs of electrical generation.
(f) Vehicles accessing the site shall not exceed the current load bearing standards for those roads used to access the site.
( Ord. No. 12-711 , § 15, 8-8-2012; Ord. No. 12-714 , § 3, 11-20-2012; Ord. No. 16-742 , § 2.B., 9-13-2016; Ord. No. 18-759 , § 2, 1-9-2018)
ARTICLE 22. M2 - HEAVY INDUSTRIAL DISTRICT
Sec. 9-2.2200. Purpose.
The M2, Heavy Industrial District is intended for urban areas designated for heavy industrial use in the General Plan.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
( Ord. No. 12-714 , § 4, 11-20-2012)
Sec. 9-2.2201. Permitted Uses.
The following uses are permitted in the M2 District:
(a) Uses permitted in the M1 District.
(b) If the entirety of the lot is at least one hundred fifty-five (155) from any portion of any family residential zone, then heavy manufacturing, assembly, and repair uses are allowed, including:
1. Apparel and other finished products made from fabrics and similar materials, et al. [SIC 230]
2. Automobile
3. Electronic and other electrical equipment and components, except computer equipment, et al. [SIC 360]
4. Energy [alternative] generation and related manufacturing and servicing
5. Fabricated metal products, except machinery and transportation equipment, et al. [SIC 340]
6. Food and kindred products, et al. [SIC 200 w/exception of 207 moved to M2 conditional use]
7. Furniture and fixtures, et al. [SIC 250]
8. Industrial and commercial machinery and computer equipment, et al. [SIC 350]
9. Leather and leather products, et al. [SIC 310]
10. Lumber and wood products, except furniture, et al. [SIC 240]
11. Machine tools
12. Machinery
13. Plastics
14. Primary metal industries, et al. [SIC 330 w/exception of 333 & 334 moved to M2 conditional use]
15. Printing, publishing, and allied industries, et al. [SIC 270]
16. Solar energy and windmill components [SIC 368]
17. Stone, clay, glass, and concrete products, et al. [SIC 320]
18. Textile mill products, et al. [SIC 220]
19. Tobacco products, et al. [SIC 210 w/exception of 214 moved to M1 permitted uses]
20. Transportation equipment, et al. [SIC 370]
(c) If the entirety of the lot is at least one hundred fifty-five (155) feet from any portion of any family residential zone, then industrial type sales and service uses are allowed, including:
1. Leather and fur finishing and dyeing
2. Meat processing and packaging, not including slaughtering and glue and size manufacture
3. Sandblasting
4. Solid waste recycling
5. Steam electric generating stations
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
6. Storage, sorting, collecting and baling of iron, junk, paper, rags or scrap. ( Ord. No. 12-714 , § 4, 11-20-2012; Ord. No. 18-759 , § 3, 1-9-2018) Sec. 9-2.2202. Conditional Uses.
The following uses are permitted in the M2 zone with a conditional use permit but only if the entirety of the lot is at least one hundred fifty-five (155) feet from any portion of any family residential zone:
1. Uses conditional in the M1 District
2. Asphalt and asphalt products manufacture
3. Automobile wrecking yards
4. Chemical and allied products, et al. [SIC 280]
5. Drop forges
6. Fats and oils [SIC 207]
7. Fish products processing and packaging
8. Gas and oil wells
9. Gas manufacture or storage
10. Gelatin, glue and size manufacture from animal or fish refuse
11. Incidental and accessory structures and uses located on the same site as a conditional use
12. Incineration or reduction of garbage, offal and dead animals
13. Linoleum and oil cloth manufacture
14. Magnesium foundries
15. Manure, peat and topsoil processing and storage
16. Motion picture production sound stages and backlot sets
17. Paper and allied products, et al. [SIC 260]
18. Petroleum refining and related industries, et al. [SIC 290]
19. Primary smelting and refining of nonferrous metals [SIC 333]
20. Quarries, mines and mills
21. Rifle and pistol ranges
22. Rolling mills
23. Rubber and miscellaneous plastics products, et al. [SIC 300 to include 303 retreading and recapping of tires and 304 rubber manufacture and recycling]
24. Secondary smelting and refining of nonferrous metals [SIC 334]
25. Sexually oriented businesses
26. Slag piles
27. Soap manufacture, including fat rendering
28. Solid waste transfer
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
29. Steam or other electrical generating plants
30. Stockyards, stock feeding yards and slaughterhouses
31. Storage of inflammable liquids
32. Storage of used building materials
33. Tallow manufacture
34. Wood and bones distillation
35. Wood pulp and fiber reduction and processing
36. Wrecking yards
( Ord. No. 12-714 , § 4, 11-20-2012; Ord. No. 18-759 , § 4, 1-9-2018) Sec. 9-2.2203. Site and
Structure requirements (m2).
(a) The minimum lot size in an M2 District is one-half acre or twenty-one thousand seven hundred eighty (21,780) square feet.
(b) There are no minimum setback requirements in the M2 District. (c) Where a lot in a Heavy Industrial (M2) district adjoins or is located across a street or alley from a residential district, said lot must be fenced with an approved sound wall on all residential side(s). ( Ord. No. 12-714 , § 4, 11-20-2012; Ord. No. 18-759 , § 5, 1-9-2018)
MANUFACTURING
STANDARD INDUSTRIAL CODE ("SIC")
Uses described in the Standard Industrial Code ("SIC") U. S. Major Group for Manufacturing are more fully described below. The "*" indicates some numbers have been skipped because there is no entry for them.
SIC U.S. Major Group/Industry Group
200 Food and Kindred Products, et al.
201 Meat Products
202 Dairy Products
203 Canned, Frozen, and Preserved Fruits, Vegetables and Food Specialties 204 Grain Mill Products
205 Bakery Products
206 Sugar and Confectionery Products
207 Fats and Oils [conditional use in M2]
208 Beverages
209 Miscellaneous Food Preparations and Kindred Products 210 Tobacco Products, et al.
211 Cigarettes
212 Cigars
213 Chewing and Smoking Tobacco and Snuff
214 Tobacco Stemming and Re-drying [permitted use in M1] 220 Textile Mill Products, et al.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
221 Broad Woven Fabric Mills, Cotton
222 Broad Woven Fabric Mills, Manmade Fiber and Silk
223 Broad Woven Fabric Mills, Wool (Including Dyeing and Finishing) 224 Narrow Fabric and Other Small Wares Mills: Cotton, Wool, Silk, and Manmade Fiber 225 Knitting Mills
226 Dyeing and Finishing Textiles, Except Wool Fabrics and Knit Goods 227 Carpets and Rugs
228 Yarn and Thread Mills
229 Miscellaneous Textile Goods
230 Apparel and Other Finished Products Made From Fabrics and Similar Materials, et al. 231 Men's and Boys' Suits, Coats, and Overcoats
232 Men's and Boys' Furnishings, Work Clothing, and Allied Garments 233 Women's, Misses', and Juniors' Outerwear
234 Women's, Misses', Children's and Infants' Undergarments 235 Hats, Caps, and Military
236 Girl's, Children's and Infants' Outerwear
237 Fur Goods
238 Miscellaneous Apparel and Accessories
239 Miscellaneous Fabricated Textile Products
240 Lumber and Wood Products, Except Furniture, et al.
*numbers skip with no entry
241 Logging
242 Sawmills and Planing Mills
243 Millwork, Veneer, Plywood, and Structural Wood Members 244 Wood Containers
245 Wood Buildings and Mobile Homes
*
*
*
249 Miscellaneous Wood Products
250 Furniture and Fixtures, et al.
* numbers skip with no entry
251 Household Furniture
252 Office Furniture
253 Public Building and Related Furniture
254 Partitions, Shelving, Lockers, and Office and Store Fixtures *
*
*
*
259 Miscellaneous Furniture and Fixtures
260 Paper and Allied Products, et al.
* numbers skip with no entry
261 Pulp Mills
262 Paper Mills
263 Paperboard Mills
*
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
265 Paperboard Containers and Boxes
*
267 Converted Paper and Paperboard Products, Except Containers and Boxes 270 Printing, Publishing, and Allied Industries, et al. 271 Newspaper: Publishing, or Publishing and printing
272 Periodicals: Publishing, or Publishing and Printing 273 Books
274 Miscellaneous Publishing
275 Commercial Printing
276 Manifold Business Forms
277 Greeting Cards
278 Blank Books, Loose-leaf Binders, and Bookbinding and Related Work 279 Service Industries for the Printing Trade
280 Chemicals and Allied Products, et al.
* numbers skip with no entry
281 Industrial Inorganic Chemicals
282 Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers, Except Glass
283 Drugs
284 Soap, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations
285 Paints, Varnishes, Lacquers, Enamels, and Allied Products 286 Industrial Organic Chemicals
287 Agricultural Chemicals
*
289 Miscellaneous Chemical Products
290 Petroleum Refining and Related Industries, et al.
* numbers skip with no entry
291 Petroleum Refining
*
*
*
295 Asphalt Paving and Roofing Materials
*
*
*
299 Miscellaneous Products of Petroleum and Coal
300 Rubber and Miscellaneous Plastics Products, et al.
* numbers skip with no entry
301 Tires and Inner Tubes
302 Rubber and Plastic Footwear
303 Retread and recapping of tires
304 Rubber manufacture and recycling
305 Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting 306 Fabricated Rubber Products, Not Elsewhere Classified *
308 Miscellaneous Plastics Products
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
*
310 Leather and Leather Products, et al.
* numbers skip with no entry
311 Leather Tanning and Finishing
*
313 Boot and Shoe Cut Stock and Findings
314 Footwear, Except Rubber
315 Leather Gloves and Mittens
316 Luggage
317 Handbags and Other Personal Leather Goods
*
319 Leather Goods, Not Elsewhere Classified
320 Stone, Clay, Glass, and Concrete Products, et al.
321 Flat Glass
322 Glass and Glassware, Pressed or Blown
323 Glass Products, Made of Purchased Glass
324 Cement, Hydraulic
325 Structural Clay Products
326 Pottery and Related Products
327 Concrete, Gypsum, and Plaster Products
328 Cut Stone and Stone Products
329 Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products 330 Primary Metal Industries, et al.
* numbers skip with no entry
331 Steel Works, Blast Furnaces, and Rolling and Finishing Mills 332 Iron and Steel Foundries
333 Primary Smelting and Refining of Nonferrous Metals [conditional use in M2] 334 Secondary Smelting and Refining of Nonferrous Metals [conditional use in M2] 335 Rolling, Drawing, and Extruding of Nonferrous Metals 336 Nonferrous Foundries (Castings)
*
*
*
339 Miscellaneous Primary Metal Products
340 Fabricated Metal Products, Except Machinery and Transportation Equipment, et al. 341 Metal Cans and Shipping Containers
342 Cutlery, Hand Tools, and General Hardware
343 Heating Equipment, Except Electric and Warm Air; and Plumbing Fixtures 344 Fabricated Structural Metal Products
345 Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washers 346 Metal Forgings and Stampings
347 Coating, Engraving, and Allied Services
348 Ordnance and Accessories, Except Vehicles and Guided Missiles 349 Miscellaneous Fabricated Metal Products
350 Industrial and Commercial machinery and Computer Equipment, et al. 351 Engines and Turbines
352 Farm and Garden Machinery and Equipment
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
353 Construction, Mining, and Materials Handling Machinery and Equipment 354 Metalworking Machinery and Equipment
355 Special Industry Machinery, Except Metalworking Machinery 356 General Industrial Machinery and Equipment
357 Computer and Office Equipment
358 Refrigeration and Service Industry Machinery
359 Miscellaneous Industrial and Commercial Machinery and Equipment 360 Electronic and Other Electrical Equipment and Components, Except Computer Equipment, et al. * numbers skip with no entry
361 Electric Transmission and Distribution Equipment
362 Electrical Industrial Apparatus
363 Household Appliances
364 Electric Lighting and Wiring Equipment
365 Household Audio and Video Equipment, and Audio Recordings 366 Communications Equipment
367 Electronic Components and Accessories
368 Solar energy and windmill components
369 Miscellaneous Electrical Machinery, Equipment and Supplies 370 Transportation Equipment, et al.
* numbers skip with no entry
371 Motor Vehicles and Motor Vehicle Equipment
372 Aircraft Parts
373 Ship and Boat Building and Repairing
374 Railroad Equipment
375 Motorcycles, Bicycles, and Parts
376 Guided Missiles and Space Vehicles and Parts
*
*
*
379 Miscellaneous Transportation Equipment
380 Measuring, Analyzing and Controlling Instruments; Photographic, Medical, and Optical Goods; Watches and Clocks, et al [moved to permitted uses in M1] * numbers skip with no entry
381 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical Systems, Instruments, and Equipment
382 Laboratory Apparatus and Analytical, Optical, Measuring, and Controlling Instruments *
384 Surgical, Medical, and Dental Instruments and Supplies 385 Ophthalmic Goods
386 Photographic Equipment and Supplies
387 Watches, Clocks, Clockwork Operated Devices and Parts 390 Miscellaneous Manufacturing Industries, et al [moved to permitted uses in M1] * numbers skip with no entry
391 Jewelry, Silverware, and Plated Ware
3911 Jewelry, Precious Metal
*
393 Musical Instruments
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
394 Dolls, Toys, Games and Sporting and Athletic Goods
*
3942 Stuffed Toys
395 Pens, Pencils, and Other Artists' Materials
396 Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal
*
*
399 Miscellaneous Manufacturing Industries Brooms and Brushes, Caskets, Other Miscellaneous Manufacturing Industries
( Ord. No. 12-714 , § 5, 11-20-2012)
ARTICLE 23. O - OPEN SPACE DISTRICT
Sec. 9-2.2300. Purpose.
This open space district provides for the preservation and conservation of unique natural resource lands, protection and preservation of unique wildlife resources and habitats, protection against flooding by storm water in flood prone areas and the establishment of active and passive recreational uses.
Sec. 9-2.2301. Established.
The open space zoning district (O) is hereby established.
Sec. 9-2.2302. Permitted Uses.
The following uses in the O District shall be reviewed and approved by the Planning Director, and the planning and building officials to ensure compliance with applicable city codes, standards and regulations prior to development:
Agricultural uses (no dwellings)
Flood Channels
Land conservation preserves
Ponds and basins
Wildlife preserves
Sec. 9-2.2303. Conditional Uses.
The following may be permitted in the O District with a conditional use permit:
Caretaker's dwelling(s) and necessary accessory buildings Historic and cultural sites
Cemetery and appurtenant uses
- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 2. - ZONING
ARTICLE 24. OVERLAY ZONES
California City, California, Code of Ordinances Created: 2022-05-13 14:23:29 [EST] (Supp. No. 10)
ARTICLE 24. OVERLAY ZONES
Sec. 9-2.2400. Purpose.
This Article describes uses which may be permitted in addition to the uses permitted in the residential and commercial districts.
Sec. 9-2.2401. General.
An overlay permit may be granted under this Article for the uses enumerated in this Article. The permit shall be applicable to an entire tract or group of related lots. The other requirements of this Chapter shall continue to apply after the permit is issued subject only to the changes authorized by this Article.
Sec. 9-2.2402. Procedures.
(a) Applications for the approval of an overlay for a development shall be submitted to the Planning Director.
The application shall include a proposed site plan and proposed statement of objectives for the development. The Planning Director shall prepare a report concerning the application for presentation to the Planning Commission along with recommendations for conditions to ensure compliance with these provisions.
(b) The Planning Commission shall review the report and recommendations of the Planning Director at a duly noticed public hearing called and conducted in accordance with the procedures specified for the consideration of zone amendments.
(c) The decision of the Planning Commission may be appealed to the Council by an interested party. The Council shall consider the appeal at a duly noticed public hearing called and conducted in accordance with the procedures specified for the consideration of zone amendments.
Sec. 9-2.2403. Airport Related Uses.
(a) An overlay permit may be issued for property within a commercial district to be used for airport related purposes as follows:
(1) Any use permitted in a commercial zone.
(2) Any use permitted in an open space zone.
(3) Any use permitted in a residential-agricultural zone. (b) The Commission must find such use is compatible with airport operations. The Commission shall restrict the height of buildings, structures, appurtenances, plants and trees to not more than thirty-five (35) ft. above ground level to prevent a hazard to the safe landing or taking off of aircraft subject to FAA Form 1764 approval. In discharging this duty, the Commission shall function as the Airport Zoning Commission of the City. Height limits shall be as recommended by the appropriate Federal Aviation regulations. Permits issued for buildings with the area designated by the Commission for height restriction under this section shall set forth the authorized height limit.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
Sec. 9-2.2404. Manufactured Home Development.
(a) An overlay permit may be issued for property within a residential district for a manufactured home development. As used herein, "manufactured home development" means the use and occupancy of more than one manufactured home as a part of a single development plan, including a manufactured home subdivision and manufactured homes located on a single lot or parcel as with a manufactured home park. (b) The permit shall include the following conditions:
(1) Manufactured homes shall be used for single family residential uses. (2) The site shall have a minimum area of at least twenty (20) contiguous acres. (3) Provision shall be made for continued and proper operation of community recreational facilities for the use of individual lot owners within the development.
(4) A concrete slab or other standard metal or wood deck patio containing at least two hundred (200) sq. ft. shall be installed adjacent to each manufactured home within one hundred twenty (120) days after installation of the manufactured home or prior to occupancy, whichever occurs first. (5) Each manufactured home shall contain not less than twelve hundred (1,200) sq. ft. of living space and shall have a minimum width of twelve (12) ft. as shown on the Department of Housing and Community Development (HCD) registration for the manufactured home. (6) The ground floor of each manufactured home shall not be less than six (6) in. nor more than twelve (12) in. above finished grade without variance. Ground floor shall also be at or above the base flood elevation.
(7) The driveway to off-street parking shall be surfaced with asphaltic concrete or concrete. (8) Spaces shall have a minimum width of forty-five (45) ft., a minimum depth of eighty (80) ft. and a minimum area of three thousand six hundred (3,600) sq. ft. (9) Area of housing and related structure shall not exceed 60% of total space area. (10) Front, side and rear yards shall comply with Title 25. (11) Minimum separation shall not be less than that stated in Title 25. (12) Streets shall meet the following standards:
(i) Private streets shall be paved with a minimum of three-inch asphalt concrete paving over six (6) in. of aggregate base to a minimum width of thirty (30) ft. (ii) Parking along each side of access streets shall require a minimum street width of thirty-six (36) ft. (iii) Outside streets shall be constructed in accordance with standards for city streets. (13) A minimum of one (1) tree shall be provided on each space within thirty (30) days of each occupancy. (14) A six-foot high masonry wall shall enclose the Development. (15) Manufactured home developments shall be connected to the community wastewater system. (16) Manufactured home developments shall be connected to the community water system. (c) Each lot within Tract 3151 shall be developed to the following standards:
(1) Manufactured homes for residential uses, together with normal accessory uses, such as cabanas, ramadas, patio slabs, carports or garages, and storage and washroom buildings. In no event shall more than one (1) manufactured home be used on a lot for residential purposes.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(2) Private and public utilities.
(3) Community recreation facilities for the use of individual lot owners within the subdivision after provisions for the continued and proper operation of such facilities have been approved by the Commission. The maintenance of community recreation and service areas shall be assured by provisions in the deeds, such as covenants running with the land, or the granting of an undivided interest in the recreation area to each owner of an individual interest or other device, creating a legal entity capable of carrying out the requirements imposed by this Article and providing for participation by the individual lot owners in the responsibility and costs thereof. When such maintenance is not provided, the City may, upon due notice, declare such areas to be public nuisances and may take such steps as are necessary to abate such nuisances.
(4) Temporary real estate tract offices used only during the original sale of the subdivision, not exceeding a period of one (1) year.
(5) Medical services and neighborhood shopping facilities. (d) The following shall be the minimum standards of development within Tract 3151:
(1) No real property in Tract 3151 shall be used for the uses permitted in this Code until:
(i) A subdivision map, prepared in accordance with the provisions of this section and the applicable provisions of Chapter 1 of this title, has been filed with the Council; and (ii) The building permit required by the provisions of Sections 8-1.05 and 8-7.02 of this Code has been obtained.
(2) The minimum standards for recreation areas shall be as follows:
(i) A total of three hundred (300) sq. ft. for each manufactured home site shall be devoted to open areas. If Tract 3151 is developed as a unit of more than sixty (60) acres, the recreational area of such unit shall be an area equal to at least 5% of the total area of such unit. (ii) The recreation lots shall be entirely within the legal border of the subdivision and shall be identified with a letter such as Lot "A."
(iii) The plan of the recreation lot shall be demonstrated to be adequate in dimension, topography, and location for the intended recreational use, and a plot plan of the intended use shall be approved by the Planning Commission.
(3) Minimum setbacks shall be three (3) ft. on the sides, and three (3) ft. in the rear. The front yard setback shall be equal to the average front yard setback of the two (2) nearest adjacent manufactured homes located on the same side of the street. The front yard setback for adjacent homes shall be determined by measurement from the centerline of the street which fronts the property. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) ft. Such setback shall be measured from the front lot line to the nearest point on the body of the manufactured home or appurtenant structure.
(4) The minimum lot size shall be five thousand (5,000) sq. ft., with a minimum width of forty (40) ft., measured at the front lot line.
(5) The minimum site which may be zoned for this purpose shall be thirty (30) acres, including up to onehalf (2½), but not to exceed thirty-three (33) ft. of the width of adjacent boundary streets dedicated to the public.
(6) Private streets may be planned provided provisions are made for their maintenance. (7) The following permanent improvements shall be installed on each lot prior to occupancy of a manufactured home on the lot for residential purposes:
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(i) A concrete slab or other standard metal or wood deck patio containing at least two hundred (200) sq. ft. or posting a Letter of Credit guaranteeing completion thereof within one hundred twenty (120) days after installation of the manufactured home or prior to occupancy, whichever occurs first; and
(ii) A sewage disposal system acceptable to the Council and subject to provisions of this Code. (8) The ground floor of each manufactured home shall not be more than six (6) in. nor more than twelve (12) in. above finished grade without variance. Ground floor shall also be at or above the base flood elevation.
(9) Every subdivision map filed in accordance with of this Code shall contain provisions for access to the rear portion of each lot in the subdivision.
(10) Any fence, wall, or visual barrier located in the required front yard of any such lot shall not exceed four (4) ft. in height nor in the rear or side yard of any such lot exceed six (6) ft. in height, measured from the finished grade of the lot. No fence, wall, or visual barrier located within twenty-five (25) ft. of the rear line of a reversed corner lot between the street and the established setback line of the key lot to the rear shall exceed a height of four (4) ft. No barbed wire shall be used or maintained in or about the constructing of a fence wall or visual barrier along the front, side, or rear lines of any such lot or within three (3) ft. of such lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) ft. in height.
(11) Any clothes lines, whether temporary or permanent, or any such lot shall be installed on the rear portion of such lot.
(12) Every subdivision map filed in accordance with provisions of this Code shall contain provisions for underground telephone, television, and electrical cable through the subdivision. (13) Every subdivision map filed in accordance with provisions of this Code shall contain provisions for driveways, as approved by the City Engineer.
(14) Notwithstanding the provisions of this Code, a manufactured home within Tract 3151 shall contain not less than 600 square feet of living space in order to inhibit the development of inadequate or overcrowded housing.
(e) In addition to the other requirements of this Code, all manufactured homes located in Tract 3151 shall have a width of at least twelve (12) ft. as shown on the Department of Housing and Community Development registration for said manufactured home. No manufactured homes shall be combined in order to meet the requirements of this section unless the individual units have been manufactured to ultimately serve as a combined unit with one another and each unit is not less than ten (10) ft. in width. (f) Exceptions to the requirements of this Code may be granted for Tract 3151 provided applications therefor are filed and the public hearings are held as required for zoning amendments. Before granting such exceptions, the Commission shall find each of the following with respect to the land involved in the application:
(1) There are special circumstances or conditions affecting such property; (2) The modification is necessary for the preservation and enjoyment of a substantial property right; and (3) The granting of the modification will not be detrimental to the public welfare or injurious to other property in the vicinity.
(g) General Provisions:
(1) These requirements shall not be applied to any property where any portion of such property would fall within five hundred (500) ft. of property in the R-1 zone. This requirement may be disregarded if the Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
legislative body is satisfied from the evidence presented during the zoning hearings the following conditions exist:
(i) An artificial or natural barrier or other physical feature exists between the R1 Zone and Tract 3151.
(ii) The nature of such barrier or feature is such as to assure the R1 Zone will not be detrimentally affected by the requirements of Tract 3151.
(iii) All manufactured homes in the subdivision shall be connected to the system. (iv) The sewage disposal field may be used in conjunction with recreational areas provided such use is not in conflict with the operations of the disposal field. (v) The design and adequacy of the system shall be approved by the Council.
Sec. 9-2.2405. Planned Unit Development.
(a) An overlay permit may be issued for at least ten acres of contiguous property within residential or commercial zones to be used for public, quasi-public, or commercial uses (a "Planned Unit Development ("PUD)").
(b) The permit shall include the following conditions:
(1) The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning. (2) The uses permitted by the PUD are not more intensive than those permitted by the underlying zoning. (3) No greater burden shall be placed upon public facilities serving the planned unit development than is placed upon the public facilities by development using the underlying zoning.
Sec. 9-2.2406. Flood Hazard.
(a) A development permit shall be issued per Section 8-11.05 "Development Permits" of the California City Municipal Code, Chapter 11 (Flood Damage Prevention).
(b) The development permit shall comply with Chapter 11 "Flood Damage Prevention" of the California City Municipal Code.
( Ord. No. 18-761 , § 1, 2-27-2018)
Sec. 9-2.2407. Farm Animal Overlay.
(a) An overlay zone may be permitted pursuant to this Article for the keeping of farm animals within a specified tract of land as follows:
(1) The keeping of farm animals shall be an accessory to a permitted use in the zone. (2) The occupant of each dwelling unit in a single-family residential district may keep not more than one (1) large farm animal for each one-half (½) acre of unimproved (except for animal enclosures) land available for the animal's use. As use in this subsection, the definition of a large farm animal is cattle, swine, horses, donkeys, mules, sheep and goats, also, including miniature versions of these animals.
The occupant may keep one large farm animal for breeding, raising or for slaughter. All animals will be slaughtered and dressed only in an enclosed structure. No numerical limit on poultry, birds or rabbits if they are properly housed.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(b) Accessory structures shall be less than one hundred (100) ft. from the front lot line, twenty-five (25) ft. from the side lot lines, or ten (10) ft. from the rear lot line. Animals housed in fenced areas must have crossfencing in the event of failure of the primary fence. Barbed or electric wire may be used or maintained independently. A fence, wall or hedge along the perimeter of any lot, or within three (3) ft. of the perimeter shall not have sharp wire or points projecting at the top of the fence or wall less than six (6) ft. in height. In the housing of equines, the following items are required:
(1) Riding Stables: Corrals shall be constructed for each horse. Corrals shall be a minimum of twelve (12) ft. by twenty-four (24) ft. and constructed of proper building material to maintain an animal of this size.
The orals shall be constructed of pipe corrals, wood or equine vinyl/PVC. Each corral shall have a minimum of three (3) two-in. by 6-in. rails and use non-climb or v-mesh wire fencing with no less than a 4-in. by 4-in. post.
(2) Shelters: Each shelter shall be a minimum of twelve (12) ft. by twelve (12) ft. with no less than a threesided enclosure with a roof to provide for adequate shade and to protect against prevailing winds. (c) The occupant of a residential district may obtain a special permit for minors to breed and raise, up to three large farm animals, in addition to the animals permitted in the zone. This would be in conjunction with a programs sponsored by a bona fide agricultural association, such as Future Farmers of America, 4-H Club, Cow Belles or Junior Farmers. As used in this subsection, the definition of a "large farm animal" is cattle, horses, donkeys, mules, sheep, goats, or swine. The permit shall be for not more than twelve (12) months and not more than one (1) permit shall be issued per child per year. Consent of adjoining landowners will be a condition of issuance of the permit and the lot will be open for government officials. (d) No commercial activities shall be undertaken pursuant to this section. (e) Hoofed animals shall graze only within a fenced and enclosed area which restricts the animals from wandering out of the lot or parcel. No person shall drive, herd or cause an animal to be moved over the streets of the City except within the confines of a licensed vehicle. Equines may be ridden along equestrian trails and roadways without impeding traffic.
(f) Rabbits, birds and poultry will be kept in enclosed areas. The enclosure shall not be allowed to become overcrowded or cause a nuisance to neighbors or the neighborhood. No person shall raise, breed, keep, or maintain an endangered, rare (threatened species) or exotic species of bird, mammal, fish, amphibian, nonpoisonous or poisonous reptiles, spiders, scorpions, or other insects, including bees. (Ord. No. 03-610, 8-5-2003)
Sec. 9-2.2408. Equestrian Overlay.
(a) An equestrian overlay zone may be issued for property in a residential district. One (1) horse for each onequarter (¼) acre of lot area is permitted in the equestrian overlay zone. (b) The permit shall include the following conditions:
(i) All subject property located within an equestrian overlay zone shall have a minimum lot size of one (1) acre.
(ii) Conditions of issuing a building permit or other land use entitlement in the equestrian overlay zone shall be subject to the dedication of a sixty-foot wide vehicular, equestrian and utility easement.
ARTICLE 24.5. RESIDENTIAL TINY AND SMALL HOMES OVERLAY ZONE Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
Sec. 9-2.2450. Purpose.
The Residential Tiny and Small Homes (R-THO) Overlay Zone District is established to provide housing options in specified tracts within the City by permitting homes smaller in size than the current City minimum square footage of one thousand two hundred (1,200) square feet of living area, and shall be used for independent living quarters, designed as a permanent, year-round residence. ( Ord. No. 20-779 , § 2, 8-11-2020)
Sec. 9-2.2451. Location.
The Residential Tiny and Small Homes Overlay Zone shall include City Tract Numbers 2898, 2812 (only if no homes currently on the tract), 3151, 3198, 2223, 2630 and 2404. ( Ord. No. 20-779 , § 2, 8-11-2020)
Sec. 9-2.2452. Applicability of the R-THO Overlay Zoning District.
The provisions of this Article 24.5 apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. If there is a conflict between the provisions of this Article and any other provision of this Zoning Code the specific provisions of this Article shall take precedence and control. (a) Mapping of overlay district. The applicability of this overlay zoning district to a specific site shall be shown on the City Zoning Map.
(b) Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Article:
(1) Any land use normally allowed in the primary zoning district by Title 9, Chapter 2 may be allowed within this overlay district, subject to any additional requirements of this overlay district; (2) Development within the R-THO overlay district shall obtain the zoning approvals required by Title 9, Chapter 2 for the primary zoning district; and
(3) Development within this overlay district shall comply with all applicable development standards of the primary zoning district, all other applicable provisions of this Zoning Code, and the City's Design Guidelines for Small Homes.
(4) Small Homes and Tiny Homes shall substantially conform to the approved Small and Tiny Homes Design Guidelines, as amended from time to time.
( Ord. No. 20-779 , § 2, 8-11-2020)
Sec. 9-2.2453. Permitted Uses.
(a) Tiny Home between 200 sq. ft to 500 sq. ft.
(b) Smaller Home between 500 sq. ft. to 1,200 sq. ft.
(c) All uses permitted in the underlying zone.
( Ord. No. 20-779 , § 2, 8-11-2020)
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
Sec. 9-2.2454. Conditional Uses.
(a) All conditional uses permitted in the underlying zone. (b) Swimming Pools.
(c) Community and recreation centers.
(d) Parks.
(e) Garages, Covered Parking Structures, and Accessory Buildings larger than four hundred (400) S.F. in size. ( Ord. No. 20-779 , § 2, 8-11-2020)
Sec. 9-2.2455. Site and Structure Requirements.
(a) The minimum lot area in the R-THO District is six thousand (6,000) square feet. (b) Setbacks shall be the same as those of the underlying residential zone. (c) Garages, Covered Parking Structures, and Accessory Buildings shall be no larger than four hundred (400) S.F. when constructed on a lot where the primary building is a Tiny Home or Small Home. (d) Tiny Homes and Smaller Homes shall be connected to water supply source, sewer/septic, and electric utilities or solar with battery backup.
(e) Tiny Homes and Smaller Homes are not required to have covered parking. (f) Tiny Homes and Smaller Homes are required to have sprinklers and sufficient water supply for fire protection.
(g) Mechanical equipment shall be incorporated into the structure and not located on the roof. (h) Tiny Homes and Smaller Homes must comply with all applicable State and Local Codes and Regulations. (i) For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Such household pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising, breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted. Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty (20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public. (j) All Small Homes must be placed on a permanent foundation and all undercarriage, foundation system, and external elements below the finished floor shall be screened or constructed with architectural elements that complement the main structure.
(k) Tiny Homes shall have a minimum of four (4) of the following design features:
(1) Upgraded entry feature, such as transom or side windows around an exterior door; (2) Exterior accessories, such as permanent shutters, or fixed sunshade devices, or gutters/downspouts; (3) Pitched roofline (4:12 pitch or steeper);
(4) Dormers;
(5) Premanufactured skylights;
(6) Built-on porch or deck;
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(7) Exterior residential light sconces or downcans; or
(8) Other features as otherwise approved by the City Planner. (9) The provision of more than one (1) item within the same category of design features may be counted independently towards the overall minimum requirements (e.g., including both a sunshade and shutters).
( Ord. No. 20-779 , § 2, 8-11-2020)
Sec. 9-2.2456. Definitions.
(a) "Tiny Home" - A residential structure between two hundred (200) to five hundred (500) square feet of living area under roof installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one (1) household that meets these following conditions:
(1) Has at least one hundred fifty (150) square feet of first-floor interior living space; (2) Materials used as an exterior wall covering shall as set forth in the Small and Tiny Homes Design Guidelines;
(3) Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim;
(4) Insulation with values of at least R19 for the walls, R38 for ceilings, and R19 (for the floors if on a raised foundation).
(b) "Small Home" - A residential structure larger than five hundred (500) square feet of living area under roof, however, less than one thousand two hundred (1,200) square feet installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one (1) household that also meets the construction requirements set forth for Tiny Homes above. ( Ord. No. 20-779 , § 2, 8-11-2020)
ARTICLE 25. CONDITIONAL USE PERMITS
Sec. 9-2.2500. Purpose.
Under the Code, some uses are permitted subject to the granting of a special permit. This article describes how the Planning Commission shall consider, grant, or deny applications for use permits.
Sec. 9-2.2501. Procedure for Consideration of Permit.
(a) The Planning Commission may grant permits for uses as prescribed in the regulations for each district in accordance with the following procedure.
(b) Application for a use permit shall be filed with the Planning Director on a form which shall include the following data:
(1) Name and address of applicant.
(2) Verification the applicant is the owner of the property or the authorized agent of the owner. (3) Address or description of the property or properties, in cases where an interim occupancy permit is being requested for more than one (1) location due to construction plans for a permanent site.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(4) Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with data pertinent to the findings necessary for the granting of a permit.
(5) A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of Kern County, of all properties shown on the drawing. County Assessor's maps may be used for this purpose.
(6) Aerial photo of site and the surrounding area for a distance of one-half (½) mile. (7) Preliminary floor plans and front, side and rear elevations of proposed structures, if available. (8) Three (3) prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions the following information:
(i) Lot or site dimensions.
(ii) All buildings and structures: location, size, height, proposed use. (iii) Yards and space between buildings.
(iv) Walls and fences: location, height and materials.
(v) Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.
(vi) Access; pedestrian, vehicular, service: points of ingress and egress, internal circulation. (vii) Signs: location, size, height and type of illumination, if any, including hooding devices. (viii) Lighting: location and general nature, hooding devices. (ix) Street dedications and improvements.
(x) Landscaping: location and type.
(xi) Such other data as may be required by the Planning Commission to make the required findings. (c) An application shall be accompanied by a fee set by resolution of the Council to cover the cost of handling. (d) The Planning Director shall investigate the application for its compliance with title and submit a report to the Planning Commission. The report shall include a recommendation for the action by the Commission and a statement supporting such recommendation.
(e) The Commission shall hold a public hearing on the application after notice given in the same manner as notices for hearings on zoned amendments. The Commission shall review the application and the statement and drawings and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions.
(f) The Commission shall act on the application within thirty (30) days following the closing of the public hearing. By resolution, the Commission may grant or deny the permit for the use applied for or may modify the permit on the basis of the evidence submitted at the hearing. The Commission shall make the following findings if the permit is granted or conditionally granted:
(1) There are circumstances or conditions applicable to the land, structure or use making the granting of a permit necessary for the preservation and enjoyment of a substantial property right.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(2) The proposed location of the conditional use is in accordance with the objectives of the General Plan and the purposes of the zone district where the property is located. (3) The proposed use will comply with this Chapter.
(4) The permit may be revocable, granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions of approval necessary to protect the public health, safety and general welfare shall be stated in a resolution approving the permit. (g) The decision may be appealed to the Council by the applicant or any other interested party within ten (10) days following the date of a decision of the Commission on a conditional use permit. (i) The notice of appeal shall be filed with the City Clerk and the notice shall specify claimed errors or abuse of discretion by the Commission, including how the decision is not supported by the evidence in the record. The City Clerk shall give notice to the applicant and to the appellate (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the City Council.
(ii) The Planning Secretary shall transmit the record to the City Clerk within five (5) days of the filing of the notice of appeal.
(iii) The City Council shall hear the appeal at a regular meeting at least ten (10) days and not more than thirty (30) days after the filing of the appeal. The City Council may affirm, reverse or modify a decision of the Commission if a decision denying a conditional use permit is reversed or a decision granting a conditional use permit is modified, the City Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit.
(h) The permit number shall be indicated on the Zoning Map. (Ord. No. 03-610, 8-5-2003)
Sec. 9-2.2502. Term of Permit.
(a) A permit is effective when granted by resolution of the Commission or, if appealed to the Council, when the Council adopts a resolution resolving the appeal-. The permit granted shall run with the land and shall continue to be valid upon a change of ownership.
(b) A permit shall expire on the date specified by the Commission, unless time is prescribed unless the permit is extended or revoked as set forth below. The time limits set by the Commission shall be reasonable, based on the size, nature and complexity of the development. The time limit may be extended for good cause, such as proof of an unusual hardship not of the applicant's own making. (c) A permit may be revoked for violation of this Chapter or failure to comply with the permit conditions. Notice of revocation shall be sent to the persons responsible for compliance by the Planning Director. The Commission shall consider the revocation. The same notice and hearing procedure shall be used for revocation as for consideration of a conditional use permit. The Commission may revoke the permit or take such action as may be necessary to ensure compliance.
Sec. 9-2.2503. New Application for Conditional Use Permit.
Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the use permit. - Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 2. - ZONING
ARTICLE 26. ZONE VARIANCE
California City, California, Code of Ordinances Created: 2022-05-13 14:23:29 [EST] (Supp. No. 10)
ARTICLE 26. ZONE VARIANCE
Sec. 9-2.2600. Purpose.
Under this article, the Planning Director may grant variances to prevent or lessen practical difficulties and unnecessary physical hardships resulting from a strict or literal interpretation and enforcement of land use regulations.
Sec. 9-2.2601. Scope.
A practical difficulty or unnecessary physical hardship necessary for a variance must result from size, shape or dimensions of a site or the location of existing structures from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. A variance from use regulations is not permitted. Variances shall be limited to requirements for fences and walls, site areas, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities.
Sec. 9-2.2602. Procedure for Considering a Variance.
(a) Application for a variance shall be made to the Planning Director on a form which shall include the following:
(1) Name and address of applicant.
(2) Statement the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved. (3) Address or description of property.
(4) Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Title which would result from a strict or literal interpretation and enforcement of a specified regulation of this Title, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in this Section. (5) A drawing of the site and adjacent property affected, showing existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
(6) A drawing of the site and surrounding area, showing surrounding properties within three hundred (300) feet of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of Kern County shall be included.
County Assessor's maps may be used for this purpose.
(7) The fee established by resolution of the City Council to cover the cost of handling the application. (b) The Planning Director shall prepare a report and transmit the report to the applicant. (c) The Planning Director shall act on the application within thirty (30) days of filing. The Planning Director may grant a variance if the Planning Director makes the following findings:
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(1) Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship, inconsistent with the objectives of this Title. (2) There are special circumstances or conditions applicable to the property involved such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. (3) The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. The Planning Director may grant a variance for off-street parking facilities or off-street loading facilities if the Planning Director makes the findings prescribed above and the following additional findings:
(4) Present and anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably do not require strict or literal interpretation and enforcement of the specified regulation.
(5) The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with free traffic flow on the streets. (6) The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this Title. The variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Planning Director may prescribe. The Planning Director may deny a variance application.
(d) A variance shall become effective upon the expiration of ten (10) days following the date on which the variance was granted unless an appeal has been taken to the Planning Commission. (e) The Planning Director's decision may be appealed to the Planning Commission by the applicant or any other interested party within ten (10) days following the date of a decision of the Planning Director. The notice of appeal shall be filed with the Planning Secretary, and state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Director or wherein its decision is not supported by the evidence in the record. The Planning Secretary shall transmit the record to the Planning Commission within five (5) days of the filing of an appeal. The Planning Secretary shall give notice to the applicant and may give notice to any other interested party of the time within which the appeal will be considered by the Planning Commission. The Planning Commission shall hear the appeal at a regular meeting at least ten (10) days, but not more than thirty (30) days after the filing of the appeal. The Planning Commission may affirm, reverse or modify a decision of the Commission on a variance application. A decision which results in the granting a variance shall be on the basis of the record transmitted to the Planning Commission and such additional evidence as may be submitted, and shall be set forth in findings. A variance which has been the subject of an appeal to the Planning Commission shall become effective immediately following the date on which the variance is granted by the Planning Commission.
Sec. 9-2.2603. Term of Variance.
(a) the term of the variance shall be determined by the Planning Director or the Planning Commission, as the case may be.
(b) An application for renewal of the variance may be presented to the Planning Director, and the Director may grant or deny an application for renewal of a variance. (c) The variance may be revoked upon violation of this Title, or if granted subject to a condition or conditions, upon failure to comply with the condition or conditions. Notice of revocation shall be sent to the person or persons responsible for compliance. Within thirty (30) days of the suspension, the Planning Director shall consider the suspension. If not satisfied the regulation, general provision, condition or conditions are being Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
complied with, the Planning Director may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.
Sec. 9-2.2604. New Application for Variance.
Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six (6) months of the date of denial of the variance application or revocation of the variance.
ARTICLE 27. ZONE AMENDMENTS
Sec. 9-2.2700. Purpose.
This article sets forth the process for amending the zoning regulations.
Sec. 9-2.2701. Procedure for Consideration of Amendment. (a) A change in the boundaries of a zone may be initiated by the Commission, Council or owner of property. The person proposing a change in the boundaries of the district shall file an application with the Planning Director on a form prescribed by the Planning Director, including the following data:
(1) Name and address of the applicant.
(2) Statement the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.
(3) A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of Kern. Assessor's maps may be used for this purpose. (4) The application shall be accompanied by a fee set by a resolution of the City Council to cover the cost of processing.
(b) The Planning Director shall investigate the application and submit a report to the Planning Commission, with a recommendation for action.
(c) The Planning Commission shall hold a duly noticed public hearing on the application. The Planning Commission shall review the application and receive evidence and testimony concerning the proposed zone change and determine if the change is consistent with the General Plan and application of the zone classification which is being proposed. A change in district boundaries shall not be made conditionally. The Planning Commission shall make its decision and adopt findings within forty-five (45) days following the completion of the public hearing. The Commission shall transmit its decision to the City Council. (d) The City Council shall hold a duly noticed public hearing upon receipt of the decision of the Planning Commission approving the application The City Council need not take any further action if the Planning Commission has recommended against the adoption of the amendment unless an interested party files a written notice of appeal with the City Clerk within five (5) days after the Planning Commission adopts its decision. The City Council shall find whether the amendment is required to achieve the objectives of this chapter and whether the amendment would be consistent with the General Plan and the zoning district classification. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. A modification not previously considered by the Commission shall be referred to the Planning Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
Commission for report and recommendation, but the Planning Commission shall not be required to hold a hearing thereon. Failure of the Planning Commission to report within forty (40) days of the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the modification. (e) The Council shall enact an ordinance amending the zoning district if the Council approves the application.
Sec. 9-2.2702. Change on Zoning Map.
A change in a district boundary shall be indicated on the Zoning Map with a notation of the date and number of the ordinance amending the map.
Sec. 9-2.2703. New Application for Amendment.
No application for the same or substantially the same change shall be filed within six (6) months of the date of denial of the application.
ARTICLE 28. ADMINISTRATION AND ENFORCEMENT
Sec. 9-2.2800. Purpose.
This article covers the enforcement of zoning regulations. These provisions supplement other available enforcement mechanisms.
Sec. 9-2.2801. Nuisance.
(a) A use of property not permitted by this chapter is a nuisance. (b) A use of property permitted by this chapter shall not be undertaken in a manner which constitutes a nuisance.
Sec. 9-2.2802. Nonconforming Uses.
(a) A use of property existing on April 4, 1966, or a use of property existing after April 4, 1966, which was permitted by the then current zoning regulations of the City, but which was subsequently prohibited by the zoning regulations, is a lawful nonconforming use.
(b) A lawful nonconforming use may be continued and maintained if there is no physical change other than: (1) maintenance and repair of a nonconforming building or structure; or (2) the reconstruction of a nonconforming building or structure partially damaged by fire, collapse, explosion, or acts of God if the expense of such reconstruction does not exceed 150% percent of the assessed value of the building or structure at the time the damage occurred, and the reconstruction is started within one (1) year from the date of the damage, and diligently prosecuted to completion. (c) Part of a building, structure, or land occupied by a nonconforming use which is changed to, or replaced by, a use conforming to the zoning regulations shall not thereafter be used or occupied by the earlier lawful nonconforming use.
(d) If no structural alterations are made, a lawful, nonconforming use of a building or structure may be changed to another lawful, nonconforming use of a more restrictive classification with the written approval of the Planning Director.
Created: 2022-05-13 14:23:29 [EST]
(Supp. No. 10)
(e) Part of a building, structure, or land occupied by a lawful, nonconforming use, which use is abandoned or ceased for one year or more, shall not again be used or occupied for a lawful, nonconforming use. (f) A conforming conditional use established prior to [date] shall be permitted to continue as a lawful, nonconforming use until the expiration of the permit.
(g) A nonconforming building or structure for which a building permit was issued may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted if construction was commenced prior to the effective date of the zoning amendment which prohibited such use or within sixty (60) days after the issuance of the building permit, whichever occurs first and construction is prosecuted diligently to completion.
Sec. 9-2.2803. Enforcement: General.
(a) Departments, officials, and employees vested with the duty or authority to issue permits or licenses shall conform this chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with this chapter. A permit or license issued in conflict with this chapter null and void. (b) City employees may reasonably enter upon any premises affected by this chapter for the purposes of inspection. This subsection does not authorize City employees to enter a building without the consent of the owner or the person in lawful possession thereof without first securing a search warrant.
Sec. 9-2.2804. Enforcement: Civil.
(a) This chapter may also be enforced by injunction issued by the Superior Court upon the suit of the City or the owner or occupant of real property affected by a violation or prospective violation of the provisions of this chapter. Such method of enforcement shall be cumulative and shall in no way affect the penal enforcement of this chapter.
(b) A building, structure, or other work of improvement erected, constructed, demolished, altered, improved, moved or converted contrary to this chapter or use of any land, structure, building, work of improvement, or premise established, conducted, operated, or maintained, contrary to this chapter is a public nuisance. (c) The City shall commence actions and proceedings for the abatement, removal, and enjoinment in the manner provided by law and shall take such other steps and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to this chapter.
Sec. 9-2.2805. Enforcement: Criminal.
A person determined guilty of violating any provision of this Chapter shall, upon conviction thereof, be punishable as set forth in Chapter 2, Title 1 of this Code.
ARTICLE 29. CANNABIS BUSINESSES AND CANNABIS DISPENSARIES1 1 Editor's note(s)—Ord. No. 18-765 , § 1, adopted August 28, 2018, amended Art. 29, §§ 9-2.2900—9.2.2910 in its entirety to read as herein set out. Former Art. 29, pertained to cannabis businesses and cultivation, and derived from Ord. No. 16-742 , § 1, 9-13-2016; Ord. No. 17-757 , § 1, 11-28-2017.
Subsequently, Ord. 18-765 , § 1, adopted August 28, 2018, changed the title from "Cannabis Businesses and Cultivation" to read as herein setout.
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-2.2900. Purpose and General Prohibitions.
(a) The purpose of this Article is to further fulfill the purposes and intents set forth in Title 5, Chapter 6 of the California City Municipal Code.
(b) The operation of any cannabis business within the City is strictly prohibited, unless the owner and/or operator first obtains a cannabis business or dispensary permit, issued by the City pursuant the requirements of Title 5, Chapter 6 of the City's Municipal Code. Owners and operators shall at all time remain in compliance with the requirements of Title 5, Chapter 6, and with all applicable State laws, and shall further be required to obtain a state issued cannabis business permit as soon as those permits are available for issuance.
( Ord. No. 18-765 , § 1, 8-28-2018)
Sec. 9-2.2901. Applicability.
(a) Nothing in this Article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act or other state law.
(b) All the provisions of this Article shall apply to all property, public and private, within the City. (c) All the provisions of this Article shall apply indoors and outdoors. ( Ord. No. 18-765 , § 1, 8-28-2018)
Sec. 9-2.2902. Definitions.
Unless otherwise provided herein, the terms used in this Article shall have the meanings ascribed to them in Title 5, Chapter 6 of the California City Municipal Code, unless otherwise indicated. ( Ord. No. 18-765 , § 1, 8-28-2018)
Sec. 9-2.2903. Location and Design of Cannabis Businesses.
Cannabis businesses including those permitted to engage in cultivation, manufacturing, testing, distribution, and dispensing of cannabis and cannabis products are subject to the following zoning and locational requirements:
(a) Cannabis businesses are permitted uses on property zoned M-1 (Light Industrial) or M-2 (Heavy Industrial) only, and must meet all of the requirements for developments in those zones; and (b) The property on which the cannabis business is located must also meet all of the following distance requirements:
(1) It shall be no closer than two hundred (200) feet of any residentially zoned parcel in the City, including any legal non-conforming residential uses as of the date the cannabis business permit is issued, excepting therefrom residential uses in the O/RA zone. When the subject property is adjacent to O/RA, M1, or M2, or any combination thereof on no less than three (3) sides, it shall be no closer than thirty feet (30) to any residentially zoned parcel in the O/RA zone, including any legal non-conforming residential uses as of the date the cannabis business permit is issued. The distance between cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the cannabis permit. (2) It shall be no closer than one thousand (1,000) feet from any parcel containing any of the following:
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
A. A school, college or university (whether public, private, or charter, including pre-school, transitional kindergarten, and K—12).;
B. A church or other house of worship.
C. A daycare facility serving nine or more children and is licensed by the county.
D. A drug or alcohol rehabilitation facility providing on-site medical treatment. (c) Each proposed cannabis business project shall:
(1) Conform with the City's general plan, any applicable specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. (4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
For the purposes of this Article, the distance between parcels shall be the horizontal distance measured in a straight line from the property line where the sensitive use is located to the first structure on the lot seeking the cannabis business permit, without regard to any intervening structures. ( Ord. No. 18-765 , § 1, 8-28-2018; Ord. No. 21-783 , § 3, 1-26-2021, eff. 2-26-2021) Sec. 9-2.2904. Location and Design of Cannabis Dispensaries. (a) Cannabis Dispensaries, both storefront retail and delivery only, are permitted uses on property zoned M-1 (Light Industrial) or M-2 (Heavy Industrial).
(b) Cannabis Dispensaries, both storefront retail and delivery only, are conditionally permitted uses on property zoned C2 Community Commercial District or C4 Service Commercial District or C5 Regional Commercial District, with the issuance of a conditional use permit. (c) Cannabis Dispensaries must meet all of the requirements for developments in those zones and comply with all requirements for Cannabis Businesses set forth in section 9-2.2903. ( Ord. No. 18-765 , § 1, 8-28-2018)
Sec. 9-2.2905. Certification from Building Department.
Prior to commencing operations, a cannabis business must obtain a certification from the Building Department and Fire Department certifying that the business is located on a site that meets all of the requirements of this Title and complies with the Building Code and Fire Code. ( Ord. No. 18-765 , § 1, 8-28-2018)
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-2.2906. Cultivation of Cannabis.
All cannabis cultivation, whether indoors or outdoors, is prohibited within the City of California City, except as may be specifically authorized through the issuance of a cannabis business permit pursuant to the requirements of Title 5, Chapter 6, of this Code or a maximum of six plants grown indoors as authorized by State law for personnel use.
( Ord. No. 18-765 , § 1, 8-28-2018)
Sec. 9-2.2907. Declaration of Public Nuisance.
Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. ( Ord. No. 18-765 , § 1, 8-28-2018)
Sec. 9-2.2908. Violations.
(a) Violations of this Article shall be punishable pursuant to Title 1, Chapter 3, of this Code and Sec. 5-6.1503, as it they may be amended from time to time, and as permitted by State law. (b) This Article is not the exclusive means for the abatement of illegal cannabis businesses or illegal cannabis dispensaries within the City of California City. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the Zoning Code, including but not limited to, any action at law or equity.
( Ord. No. 18-765 , § 1, 8-28-2018)
CHAPTER 3. LAND DIVISIONS
ARTICLE 1. GENERAL
Sec. 9-3.101. Purpose and Scope.
This chapter regulates the division of land, the merger of lots and reversion of land to acreage. This chapter may be cited as the City's "Land Division Regulations." The Subdivision Map Act regulates the local control of the design and improvement of subdivision and authorizes the City to enact local ordinances for the control of the design and improvement of land divisions which do not constitute subdivisions. This chapter incorporates by reference those provisions of the Subdivision Map Act mandated by state law and adopts additional provisions governing land divisions in those areas where the Subdivision Map Act allows the City to exercise discretion.
Sec. 9-3.102. Definitions.
(a) The following definitions apply to this chapter:
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
(1) "Advisory Agency" means the Planning Commission of the City. (2) "Governing Body" or "Legislative Body" means the Council. (3) "Local agency" means the City.
(4) "Local ordinance" means this chapter.
(5) "Subdivision Map Act" or "Map Act" refers to Division 2 of Title 7 (commencing with §66410) of the Government Code.
(b) Except as provided herein, the definitions now or hereinafter set forth in the Subdivision Map Act are hereby incorporated by this reference and made a part hereof.
ARTICLE 2. MAPS REQUIRED
Sec. 9-3.201. Application.
The production of tentative and final subdivision maps and tentative and final parcel maps shall be governed by the Map Act and this chapter.
(Ord. No. 06-641, 4-4-2006)
Sec. 9-3.202. Tentative and Final Subdivision Maps.
(a) A tentative and final subdivision map shall be proposed for subdivisions in conformance with the Map Act. (b) Final subdivision maps shall contain the information and be in the form specified by the Map Act and shall also satisfy the additional requirements of this chapter. (Ord. No. 06-641, 4-4-2006)
Sec. 9-3.203. Parcel Maps.
(a) A tentative parcel map and final parcel map shall be filed for each division of land which does not constitute a subdivision unless the parcel map is waived as set forth in this chapter. (b) Parcel maps shall contain the information and be in the form specified by the Map Act and shall also satisfy requirements of this chapter.
(c) The Planning Commission may require the certificates and acknowledgments required for parcel maps be recorded concurrently with the final parcel map.
(Ord. No. 06-641, 4-4-2006)
ARTICLE 3. PROCEDURE
Sec. 9-3.301. Application.
The procedures set forth in this Article govern the processing of tentative and final subdivision and tentative and final parcel maps.
(Ord. No. 06-641, 4-4-2006)
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-3.302. Tentative Maps.
(a) The project proponent shall file the tentative subdivision or a tentative parcel map with the Planning Commission which shall conduct a public hearing to determine whether the tentative map be approved, conditionally approved or disapproved. The decision of the Commission shall be final unless appealed to the Council by any interested party within thirty (30) days of the Commission's action or failure to act. The appeal shall be filed with the City Clerk within ten months of the Commission's action or failure to act, if an environmental impact report is required, or within four months, if a negative declaration is required. (b) If the Commission's decision is appealed to the Council, the City Clerk shall provide notice of appeal to interested parties by publication at least once in a newspaper of general circulation at least ten (10) days prior to the date of hearing and by mail to the owners of property within three hundred (300) ft. of the proposed land division as shown on the last equalized assessment rolls. (c) On appeal, the Council shall review the decision of the Planning Commission and approve, conditionally approve or disapprove the tentative map. In the case of an appeal, the Council's decision shall be final. (Ord. No. 06-641, 4-4-2006)
Sec. 9-3.303. Final Maps.
(a) Multiple final subdivision or parcel maps relating to an approved or conditionally approved tentative subdivision or parcel map may be filed prior to the expiration of the tentative map if the requirements of the Map Act and this chapter are met, and if the Planning Commission finds:
(1) The property which is described in the final map will be adequately served by required on-site and offsite improvement even if the property not covered by the proposed final map is not developed; (2) Dedications required to serve the property described in the final map have been completed even though such dedications also benefit the remaining property; and (3) The inhabitants and the property owners of the City and the future inhabitants and property owners of the property described in the final map will be prejudiced by failure of the project proponent to develop the remaining property not covered by the proposed final map. (b) The Planning Commission may approve the modification of a recorded final subdivision map or parcel map by a certificate of correction or an amending map. Such modifications shall be considered at a public hearing conducted by the Commission. The modifications shall conform with the Map Act. Any interested party may appeal such decision of the Commission to the Council within 30 days of the Commission's decision. (Ord. No. 06-641, 4-4-2006)
Sec. 9-3.304. Parcel Maps.
(a) Except as provided in this chapter, the procedure for processing approval, conditional approval or disapproval and filing of parcel maps and modifications thereof, shall be the same as the procedures for tentative and final subdivision maps.
(b) A parcel map shall be based on a field survey in accordance with the Land Surveyors Act if street, water, sewer or storm drain easements are required to be dedicated by the map or by a separate instrument. When such dedications are not required, the map can be compiled from recorded or filed data when sufficient information exists on filed maps to locate and retrace the boundaries of the map and at least one boundary can be established from an existing monument line.
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
(Ord. No. 06-641, 4-4-2006)
Sec. 9-3.305. Parcel Map Waiver: Criteria and Application. (a) The filing of a tentative or final parcel map may be waived at the discretion of the Planning Director if Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (¼) of a quarter (¼) section.
(b) The application for a waiver of parcel map shall include the following information on the form more specifically required by the Planning Director:
(1) A completed City of California City Subdivision Application, grant deed, legal description and map of the parcel;
(2) Legal description of each of the proposed parcels prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal; (3) Two (2) copies of a preliminary title report for the affected property; (4) Hazardous Waste Verification Statement; and
(5) A legible, recordable map showing the proposed land division. The map shall be submitted on a minimum 8½" x 11" sheet and shall contain the following statement: "This map is provided for illustrative purposes only."
(c) The application shall be accompanied by the fee established by resolution of the Council. (d) The request for the waiver shall be denied if:
(1) The proposed waiver is inconsistent with the General Plan, applicable specific plan, or applicable provisions of the Municipal Code;
(2) The site is not physically suitable for the proposed type of development; (3) The site is not physically suitable for the proposed density of development; (4) The design of the project or the proposed improvements are likely to cause serious public health problems; and
(5) The design of the project or the proposed improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, but the Planning Director may approve a request for waiver if the Planning Director finds alternate easements for access or for use will be provided which are substantially equivalent to the easements previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Director to determine the public at large has acquired easements for access through or use of property within the proposed project.
(e) The Planning Director shall report to the applicant and the Planning Commission on the application at least fifteen days prior to the proposed effective date of the Planning Director's decision. The decision of the Planning Director may be appealed to the Planning Commission by a written appeal filed with the Planning Secretary during the fifteen-day period.
(f) When the decision is final, the City Planning Director shall record a Certificate of Compliance and appropriate attachments reflecting the approved waiver if the following conditions have been met:
(1) The applicant has submitted grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the Planning Director has determined the grant deed or deeds are in Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
substantial compliance with the approved waiver, and the grant deed or deeds contain the words "FOR PURPOSES OF PARCEL MAP WAIVER NO. _______." In lieu of submitting the grant deed or deeds, the applicant's title company may issue a "Letter of Intent" to arrange simultaneous recording of deeds with the Certificate of Compliance.
(2) The grant deed or deeds, and beneficiary consent, if applicable, shall be recorded concurrently and shall constitute constructive notice of the parcel map waiver. (3) A guarantee of title or a preliminary title report dated ten or less days prior to concurrent recording of deeds and Certificate of Compliance, has been issued by a title company authorized to do business in California, showing all parties having record title interest in the land to be subdivided, or any part thereof, including, but not confined to, leaseholders, lien holders, and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the Official Records, by book and page, as of the date the waiver of parcel map is filed with the County for recording. The liability of such guarantee of title, if one is issued, shall be not less than $1,000.00. In lieu of an updated preliminary title report, the title company may submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report.
(4) Applicable recording fees have been paid, or arrangements have been made for all documents to be recorded by the title company.
(5) Other conditions of approval for the parcel map waiver have been satisfied. (g) An approval or conditional approval of a waiver shall expire one year from the date of approval of the waiver. The property owner may request an extension of the expiration date of the approved parcel map waiver by written application to the Planning Director. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension and the amount of time requested. The Planning Director shall approve or deny the request for extension. The maximum amount of time for each extension request shall not exceed one year. Not more than three extensions shall be approved for a parcel map waiver, and the total period of all extensions shall not exceed thirty-six months. (h) Minor revisions to an approved waiver of parcel map may be approved by the Planning Director upon application by the property owner or authorized agent, provided: such changes are consistent with the intent of the original approval; the original conditions need not be modified; and there are no resulting violations of the Municipal Code. Approved revisions shall be denoted on the approved waiver map and/or in writing to the property owner, whichever is appropriate. No revision shall affect the original expiration date of the approved waiver. The Planning Director may require a new application in lieu of the above procedure when, in the Planning Director's opinion, requested changes are substantial enough to warrant refiling and reprocessing.
(Ord. No. 07-646, 4-17-2007)
Sec. 9-3.306. Parcel Map Waiver: Appeal.
(a) The decision of the Planning Director may be appealed to the Planning Commission. A public hearing shall be conducted by the Commission within sixty days from the date the application is approved by the Planning Director. At least ten (10) days' notice of the public hearing shall be given by publication and by mail to: the property owner, the applicant, each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services, the owners of property within three hundred (300) ft. of the exterior boundaries of the subject property, and any person who has filed a written request for such notice. In lieu of mailed notice, notice may be posted not more than three hundred (300) ft. apart along each street upon Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
which the subject property abuts for a distance of not less than three hundred (300) ft. in each direction from the exterior limits of the subject property.
(b) The applicant or authorized representative and interested persons may appear at the hearing and be heard.
The hearing may be continued, if, prior to adjournment or recess, the Planning Director or designated representative, announces the time and place to which the hearing will be continued. (c) The Planning Commission may approve, conditionally approve, or deny the application following the close of the public hearing. The decision shall be final ten (10) days after notice unless appealed to the council.
Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and persons filing a written request for notice of the decision. (d) The applicant or other aggrieved person may appeal to the Council from the decision of the Commission by filing a written notice of appeal with the Planning Director within ten days of notice of the decision. The Planning Director shall forward the appeal to the Clerk of the City Council who shall set the matter for hearing within thirty days after the date of filing the appeal. Notice of the hearing on the appeal shall be given in the same manner as notice for the hearing before the Commission. The City Council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from. The decision of the City Council shall be final upon adoption of a resolution containing its determination, and no further notice need be given.
(Ord. No. 06-641, 4-4-2006)
Sec. 9-3.307. Procedure for Amending Map.
(a) A person who desires to file an amending map after a final subdivision map or final parcel map has been filed shall present the proposed amending map and the established fee to the Planning Secretary. The Secretary shall obtain the comments of the Planning Director and the Director of Public Works as to whether the proposed map conforms with the criteria set forth below. The comments of the Planning Director and Director of Public Works shall be presented to the applicant who shall make recommended corrections, if any, or request the matter be placed before the Planning Commission for action. (b) If no corrections are required or when required corrections are made, the Planning Secretary shall schedule a public hearing on the proposed map upon the giving of such notice as required for the underlying map. (c) The Planning Commission shall approve the proposed map if the Commission makes the findings set forth in the criteria listed below. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council in the same manner as tentative parcel maps.
Sec. 9-3.308. Criteria for Amending Map.
(a) An amending map may be approved for filing if the Planning Commission finds the following conditions exist:
(1) The proposed map addresses changes in circumstances which make the conditions of the prior map no longer appropriate or necessary;
(2) The modifications do not alter rights, titles or interests in the real property reflected on the recorded map; and
(3) The modified map conforms with the Map Act.
(b) An amending map shall conform to requirements concerning content and form of a final subdivision map or a final parcel map, as the case may be.
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-3.309. Expiration of Tentative Maps and Extension of Time to File Final Maps. (a) Approved or conditionally approved tentative subdivision or tentative parcel maps expire twenty-four (24) months after approval or conditional approval. The expiration of a tentative map terminates proceedings and no final map or parcel map shall be filed without first processing a new tentative map. Delivery to the City Engineer shall be deemed a timely filing. Once a timely filing is made, subsequent acts of the City, including, but not limited to processing, approving and recording, may occur after expiration date of the tentative map. (b) Upon written application by the property owner filed before a tentative map expires, the Planning Director may extend the time for filing a final subdivision or parcel map by up to twelve (12) months. The director must find the extension is in the best interests of the City. The refusal of the Director to permit an extension may be appealed by the property owner to the Planning Commission within fifteen (15) days after the Director's action. The decision of the Commission is final. (c) The Planning Commission may extend the expiration date of the tentative map by up to thirty-six (36) months in addition to the period of extension described above. If the subdivider applies for an extension prior to the expiration of the tentative map, the map shall be automatically extended for sixty (60) days or until the application for extension is acted upon, whichever occurs first. If the Commission denies the application, the subdivider may appeal to the City Council within fifteen (15) days after the Commission's action.
(d) If the subdivider is required to expend $125,000.00 or more for the construction of public improvements related to the development of the property but outside the boundaries of the tentative map, excluding rightof-way improvements that abut the boundary of the property, each filing of a phased final map shall extend the date of expiration of the tentative map by 36 months but in no event more than one hundred twenty (120) months from the approval or conditional approval of the tentative map. The value of improvements that will trigger this subsection will be changed from time-to-time by the State Allocation Board to reflect changes in the statewide cost index.
(e) The time for filing the final map shall be extended for up to five (5) years during the pendency of a development moratorium imposed after the approval of the tentative map. When the development moratorium expires, the map shall be valid for the same period of time that was left to run at the time the moratorium was imposed, but in no event less than one hundred twenty (120) days.
ARTICLE 4. REQUIREMENTS
Sec. 9-3.401. General.
The City shall disapprove a map for failure to meet the requirements imposed by the Map Act or by this chapter. The Planning Commission may recommend, and the City Council may approve, a waiver of the requirements of this chapter when the failure is the result of a technical or inadvertent error which, in determination of the Planning Commission, does not materially affect the validity of the map.
Sec. 9-3.402. Dedications: Certain Public Improvements.
The property owners shall dedicate or provide and irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. The Planning Commission may recommend, and the Council may require, the dedication of irrevocable offer of dedication of land within the subdivision for local transit facilities if the requirements of the Map Act are met. Dedications or offers of dedications of streets shall include a waiver of direct access rights to any Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
such street from any property shown on a final or parcel map as abutting thereon and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.
Sec. 9-3.403. Dedications: Park and Recreational Purposes.
The project proponent shall dedicate land or pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes as a condition to the approval of a tentative map or parcel map, provided the amount of land dedicated or fees paid shall be based upon the criteria set forth in the Map Act and the following:
(a) The amount of land required to be dedicated for park or recreational purposes pursuant to this Article shall be based on the gross area included in the subdivision determined by the following formula:
Maximum Area
Per Dwelling Unit
Percentage of the Gross
Area of the Land Required
to be Dedicated
1 unit per acre or less 2%
30,000 square feet 3%
20,000 square feet 4%
10,000 square feet 6%
9,000 square feet 7%
6,000 square feet 8%
4,000 square feet 15%
3,000 square feet 20%
(b) The Commission may require fees to be paid for the development of park or recreational facilities in lieu of or in combination with the dedication of land for such purposes. If the Commission requires fees to be paid in combination with the dedication of land, the total obligation imposed shall not exceed the fees which would have been required by the preceding paragraph. (c) Where a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to this Article. The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the following formula:
Minimum Lot Size Square Feet of Land
Required Per Gross
Acre of Subdivision
1 unit per acre or less 871 square feet
30,000 square feet 1,316 square feet
20,000 square feet 1,760 square feet
10,000 square feet 2,631 square feet
9,000 square feet 3,101 square feet
6,000 square feet 3,659 square feet
4,000 square feet 6,586 square feet
3,000 square feet 8,782 square feet
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
The fair market value of the land shall be determined by a written report prepared by a qualified appraiser acceptable to the City. The cost of the appraisal shall be borne by the developer. The appraisal shall be made immediately prior to the filing of the final map. (d) The money collected as fees in lieu of land dedication shall be placed in a special fund and used to acquire park lands or enhancing the recreational potential of existing parks for the benefit of new residents.
(e) The dedication of land for park or recreational purposes, or the payment of fees in lieu thereof, shall be a condition to the approval of a final subdivision map or final parcel map provided: only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less in divisions not defined as a subdivision;
(f) This Article relating to dedications does not apply to:
(1) Subdivisions containing less than five (5) parcels and not used for residential purposes; (2) Industrial subdivisions;
(3) Condominium projects which consists of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added; (4) Parcel maps for a subdivision containing fewer than five (5) parcels for a shopping center containing more than three hundred thousand (300,000) square feet of gross leaseable area and no residential development or uses.
(g) The development of the park or recreational facilities in a subdivision on property dedicated to the City pursuant to this Article shall commence within sixty (60) days after fifty (50%) of the lots or parcels within the subdivision are occupied. If such property is, or may be, further divided, such development shall not be commenced until 50% of the maximum number of lots which may be created within the parcel in conformity with the City's general plan or zoning laws have been occupied. (h) The development of land for park and recreational purposes within a parcel of land not defined as a subdivision shall commence within sixty (60) days after the lots or parcels within such area are 50% occupied. If such property may be further divided, such development shall not be commenced until 50% of the maximum number of lots which may be created within the parcel in conformity with the City's general plan or zoning laws have been occupied.
(i) Development of park or recreational facilities shall be deemed to have commenced when the Council decides to develop such facilities. The development of such land for park or recreational facilities shall be completed within a reasonable time following commencement, having due regard for the extent and nature of the proposed development; provided however, in no event shall the substantial completion of such facilities occur more than twelve (12) months after the commencement thereof.
Sec. 9-3.404. Dedications: Schools.
A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district or districts within which such subdivisions are to be located, such land as the Council shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-3.405. Street Dedication and Improvement.
(a) A person applying for a tentative subdivision or parcel map approval shall dedicate and improve a right-ofway to the City for public road purposes if such dedication is necessary for access to the affected property.
The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the City's General Plan.
(b) When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.
Sec. 9-3.406. Reservations.
Areas of real property within the subdivision shall be reserved for parks and recreational facilities, fire stations, libraries, and other public uses subject to the conditions of the Map Act.
Sec. 9-3.407. Fees: Drainage and Sewer Facilities.
Whenever a drainage or sanitary sewer plan has been adopted for a particular drainage or sanitary sewer area, and such plan contains an estimate of the total cost of constructing the local drainage or sanitary sewer facilities required by the plan, including a map of such area showing its boundaries, and location of such facilities has been adopted, the Planning Commission may recommend, and the City Council may require, the payment of fees for the purpose of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas.
Sec. 9-3.408. Fees: Bridges or Major Thoroughfares.
(a) The Planning Commission may require the payment of a fee as a condition for the approval of a final subdivision or parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares. A public hearing shall be first conducted in accordance with the Map Act for each area benefited.
(b) At such public hearing, the boundaries of the area benefited, the cost, whether actual or estimated, and a fair method of allocation of the costs to the area of benefit and fee apportionment shall be established. The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.
(c) If protests are not filed prior to the conclusion of the public hearing with the City Clerk by owners of more than one-half of the area of the property to be benefited by the improvement and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
proposed procedure shall be abandoned and the Commission shall not for one year from the filing of written protest commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section. Consideration other than the payment of fees may be accepted.
Sec. 9-3.409. Fees: Groundwater Recharge Facilities.
(a) The Planning Commission may require the payment of a fee as a condition of approval of a final subdivision map or final parcel map or as a condition of issuing a building permit to an area of benefit under a groundwater recharge facility plan to construct recharge facilities for the replenishment of the underground water supply in such area of benefit. Before a groundwater recharge facility plan is adopted, a public hearing will be conducted by the Commission for the proposed area of benefit and, if approved, the groundwater recharge facilities plan shall be established at such public hearing. (b) If, prior to the conclusion of such hearing, there is written protest filed with the City Clerk by the owners of more than one-half (½) of the area of the property to be benefited by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half (½) of the property to be benefited, the proceedings shall be abandoned and the Council shall not, for one (1) year from the filing of that written protest, commence or carry on proceedings for the same improvement or acquisition under this Article.
Sec. 9-3.410. Reimbursement.
The Planning Commission may require the improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public. The subdivider shall be reimbursed for the costs of such facilities in accordance with the Map Act.
Sec. 9-3.411. Soils Reports.
(a) The Planning Commission may waive the preliminary soils report if the Commission determines that, due to the knowledge it has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary. (b) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be recommended by the Planning Commission.
Sec. 9-3.412. Monuments.
At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and the requirements of this chapter.
Sec. 9-3.413. Standards.
The Commission shall form time to time adopt regulations by resolution setting forth the minimum standards for the scope and quality of public improvements.
ARTICLE 5. IMPROVEMENT SECURITY
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-3.501. General.
The project proponent may furnish security in connection with the performance of acts or agreements required by this chapter. Such security shall be one of the types of securities specified in the Map Act at the option of and subject to the approval of the Commission.
Sec. 9-3.502. Reduction of Security.
If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the Contractor.
ARTICLE 6. REVERSIONS
Sec. 9-3.601. Reversions.
A parcel map may be filed to revert to acreage land previously subdivided consisting of four (4) or fewer contiguous parcels under the same ownership.
Sec. 9-3.602. Mergers.
A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimal parcel size and the following requirements are satisfied:
(a) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed with only an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit; and (b) With respect to an affected parcel, one or more of the following conditions exist:
(1) Comprises less than five thousand (5,000) sq. ft. in area at the time of the determination of merger;
(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; (3) Does not meet current standards for sewage disposal and domestic water supply; (4) Does not meet slope stability standards;
(5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
(6) Its development would create health or safety hazards; or (7) Is consistent with applicable general plan and applicable specific plans other than minimum lot size and density standards.
ARTICLE 7. ENFORCEMENT
Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
Sec. 9-3.701. Notice of Violation.
(a) The Planning Director may serve and record a notice of intention to record a notice of violation on the owners of the offending property by describing the violation and stating an opportunity will be given to the owners to present evidence.
(b) The City shall mail a copy of such notice to the owner of the real property. The notice shall specify the time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.
(c) If the Commission determines there has been no violation, the City shall record a Release of the Notice of Intention to Record Notice of Violation with the County Recorder. If the Planning Commission determines the property has been illegally divided, or within 60 days after receipt of the notice of intention, the owner of the real property fails to inform the Planning Commission of objection to the recording of the Notice of Violation, the Planning Commission shall cause the recordation of the Notice of Violation. (d) The Notice of Intention to Record a Notice of Violation and the Notice of Violation when recorded shall be deemed constructive notice of violation to successors in interest.
Sec. 9-3.702. Certificate of Compliance.
(a) A person owning real property or the vendee of such person pursuant to a contract of sale, may request the City to determine whether the real property complies with the Map Act and this Chapter. The person requesting the Certificate of Compliance shall pay the City the cost of issuing and recording the Certificate. (b) The City Engineer shall issue an unconditional Certificate of Compliance if the City Engineer determines:
(1) The parcel was created by a land division which complies with the Map Act and this Chapter; or (2) The parcel was created by a land division prior to March 4, 1972, and the conditions of Government Code section 66412.6 is satisfied; or
(3) The parcel was created by a land division occurring on or after March 4, 1972, and the City Engineer determines a person creating the parcel did so without intent to violate the provisions of the Map Act or this Chapter and the rights of third parties have since intervened. (c) If the City Engineer is unable to issue an unconditional Certificate of Compliance, the City Engineer shall issue a conditional Certificate of Compliance after a report to and recommendation by the Planning Commission as to such conditions. Such conditions shall be limited to conditions applicable to the division of the property at the time the applicant acquired an interest therein unless the applicant was the owner of the property at the time of an illegal land division, in which event the conditions include those which can be imposed under current land division regulations.
(d) A person applying for a certificate of compliance shall dedicate and improve a right-of-way to the City for public road purposes if such dedication is necessary for access to the affected property. The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the General Plan.
(e) When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and Created: 2022-05-13 14:23:30 [EST]
(Supp. No. 10)
requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.
CHAPTER 4. SIGNS
ARTICLE 1. TITLE AND PURPOSES
Sec. 9-4.101. Title.
This chapter shall be known as the "Sign Regulations of the City." Sec. 9-4.102. Purposes.
This chapter constitutes the requirements applicable to the erection and maintenance of signs within the City. This Chapter supersedes other provisions in this Code regulating signs except Chapter 2 relating to nonconforming uses, conditional use permits, and variances.
ARTICLE 2. DEFINITIONS
Sec. 9-4.201. Scope.
Unless otherwise apparent from the context, the following words and phrases are defined for the purposes of this Chapter.
Sec. 9-4.202. Monument Sign.
"Monument Sign" means a sign having the ground as the primary support or a sign having a ground foundation running the length of the sign.
Sec. 9-4.203. Pole or Ground Sign.
"Pole" or "Ground Sign" means a sign, other than a monument sign, erected on one or more uprights supported from the ground and that is not part of or attached to a building or structure other than a structure erected solely for the purpose of supporting a sign.
Sec. 9-4.204. Political Sign.
"Political sign" shall mean a sign designed to influence voters.
Sec. 9-4.205. Sign.
"Sign" means a name, figure, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance, or other thing of similar nature to attract attention outdoors, including parts comprising the same, and the background and support or anchorage.
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
Sec. 9-4.206. Temporary Sign.
"Temporary Sign" means a sign intended for use during a limited period of time.
Sec. 9-4.207. Billboard.
"Billboard" means a flat surface sign with an area between sixty-four (64) square feet and three hundred (300) square feet.
ARTICLE 3. GENERAL PROVISIONS
Sec. 9-4.301. Permits Required.
No permanent and temporary sign shall be erected or maintained without a sign permit.
Sec. 9-4.302. Applications.
Applications for a sign permit shall be made to the Planning Director and shall include the following:
(a) In the case of permanent signs, two (2) copies of a plan showing:
(1) Position of sign and its relation to adjacent buildings or structures; and (2) The design and size, colors proposed, and proposed location on the premises of such signs or sign structures;
(b) In the case of temporary signs, a statement detailing the size and dimensions of all temporary signs to be placed;
(c) A statement showing the sizes and dimension of all signs existing on the premises at the time of making such application;
(d) A fee, as established by resolution of the City Council; and (e) Such other information as the Director may require to show full compliance with this chapter and other ordinances of the City.
Sec. 9-4.303. Exemptions.
The following signs are exempt from this chapter:
(a) Signs prohibiting trespassing and hunting or fishing not exceeding two square feet in area; (b) Warning signs required by law or erected by public agencies, including railroad signal signs; (c) Utility company signs identifying public telephones, cables, conduits, or hazards; (d) Public notices and announcements authorized by courts or public officials, including highway directional signs.
(e) Street location signs and other public directional signs and signs of an instructive nature of which information required by city, county, state or federal enforcement agencies including, but not limited to, the following: gas pump instructions, recreational vehicle dump station, restroom identification, smog station, air, water, cashier, hours of operation, etc. Each sign shall not exceed four (4) sq. ft. in area and thirty (30) in. in height.
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
(f) Advertising signs on buses and taxis and signs attached to bus stops and shelters; (g) Signs painted on or are attached flat against vehicles which identify or advertise the associated business. The vehicle must be primarily used for business and parked on private property as a normal function. The vehicle must be operative.
(h) Window display signs limited to painting signs on glazing, post paper signs and placards attached to the inside of glazing of store fronts; however, the store front glazing shall not be covered in excess of 50%; (i) Signs not visible outside the limits of the lot upon which the sign is located; (j) Residential name and address signs not exceeding two square feet in area; (k) Portable, temporary, off-site directional real estate signs located on private property used in conjunction with open house real estate sales activities provided that each portable directional sign does not exceed a height of two and one-half feet and an area of four square feet, and is not located within a road or street right-of-way. Signs shall be on display only when real estate is open for inspection. No sign advertising a cannabis business may be attached to a vehicle even if it is inoperative;
(l) The official flag of a government, government agency, public institution, religion, corporation or other similar entity. Only one (1) flat pole, with no more than three (3) flags, with a maximum height of thirty (30) ft. and with a maximum dimension on the flag(s) of eight feet in its largest dimension and which is not attached to the building shall be exempt;
(m) Flags flown on a temporary basis for the purpose of honoring declared national or civic holidays that do not exceed eight (8) feet in the largest dimension;
(n) Signs placed on public property pursuant to a signed lease or agreement; (o) Electronic time and temperature signs as part of an on-site advertising sign, as regulated by development standards;
(p) Exit, entrance, or other on-site traffic control signs are permitted. The signs should not exceed six (6) ft. in height and shall contain no advertising;
(q) Sign regulations may be waived if the signs are included as part of a project for which a Planned Unit Development (PUD) plan is required.
Sec. 9-4.304. Prohibitions.
The wind activated signs and signs not specifically permitted by this chapter are prohibited in all zoning districts.
Sec. 9-4.305. Duration of Permits.
Building permits for signs shall have a one-year duration commencing the date the permit is issued. If the applicant for a sign permit is required to obtain a business license, the duration of the sign permit shall be the same as the business license.
(Ord. No. 10-686, 3-16-2010)
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
Sec. 9-4.306. Special Permits.
(a) The following signs are permitted upon the issuance of a special permit by the Planning Director: moving or rotating signs; signs with flashing, moving or animated illumination; roof signs and signs extending above roofs; signs projecting from buildings; and signs attached to a fence or wall. (b) Whenever a special permit is required or requested, property owner shall file an application with the Planning Director setting forth information concerning the proposal as required by the Director. The Planning Director shall review the application and present a written report with recommendations to the Planning Commission and to the applicant.
(c) The Commission shall hold a public hearing on the proposed special permit. Notice of the hearing shall be given at least ten (10) days prior to the hearing by publication, once in a newspaper of general circulation within the City. Such notice may also be posted in three public places in the City, including one (1) public place in the area directly affected by the proceeding. The Commission shall consider the report of the Planning Director. Interested persons, including the applicant and the Planning Director, shall be allowed to testify and present evidence. At the conclusion of the hearing, the Commission shall render its decision by approving, conditionally approving, or disapproving the permit application. The Commission shall approve findings supporting the decision unless waived by all affected parties. (d) Any interested party may appeal the decision of the Commission to the Council by filing a written notice of appeal with the City Clerk within fifteen days after the Commission approves its findings, or if findings are waived, within fifteen days after the Commission renders its decision. The City Clerk shall cause a notice of the appeal and of a hearing to consider the appeal to be given in the same manner as the Secretary's notice for the Commission's hearing. In the event of appeal, the Council shall consider all evidence presented to the Commission and such added evidence the Council deems appropriate. At the conclusion of the hearing, the Council shall render its decision by affirming, conditionally affirming, or reversing the Commission's decision.
The Council shall approve findings supporting the decision unless waived by all affected parties.
Sec. 9-4.307. Political Signs on Property.
(a) Political signs are permitted with the owner's permission on private property in any zone. (b) Political signs may be installed within rights of way adjacent to City streets, but not within medians of City streets, if the following requirements are met:
(1) A refundable cleaning deposit in the amount of $50.00 for the first ten signs, and $100.00 for signs in excess of ten (10) if posted within the City. The deposit will be waived for a candidate who shows indigence.
(2) Signs are removed within fifteen days after the election to which they relate or if the signs are not removed, the City shall remove the signs and deduct the actual costs of removal from the deposit set forth above.
(3) A sign larger than thirty-two (32) sq. ft. in area shall not be erected until a building permit is secured from the City.
(4) Political signs shall not be erected more than sixty (60) days prior to an election. (c) A political sign not posted in conformance with this Section shall be deemed a public nuisance and the City may order its removal upon five (5) days' notice to the candidate, property owner or person responsible for the sign.
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
Sec. 9-4.308. Review of Applications.
Signs which meet the limitations of this chapter shall be reviewed by the Planning Director. The Planning Director may approve, approve with modification, or deny any application subject to the criteria of this section.
Any staff decision may be appealed to the Planning Commission. Sign applications which do not meet the limitations of this chapter may be submitted to the Planning Commission. Any decision by the Planning Commission may be appealed to the City Council. Any appeal must be filed in writing, together with a fee as established by resolution of the City Council, within fifteen days after the decision is made. The Planning Director and/or Commission shall apply all the following criteria as the basis for action:
(a) The sign is necessary for the applicant's substantial trade and property rights, does not infringe upon the rights of others, and the sign does not constitute needless repetition, redundancy, or proliferation of signing.
(b) The sign is consistent with the intent and purpose of this chapter. (c) The sign does not constitute a detriment to public health, safety or welfare. (d) Size, shape, color and placement of the sign shall be considered in order to determine if the sign is compatible with and bears a harmonious relationship to the building and/or site which it identifies. (e) Both the location of the proposed sign and the design of its visual elements: lettering, colors, decorative motifs, spacing, and proportions shall be considered in order to determine the sign is legible under normal viewing conditions prevailing where the sign is to be installed. (f) The location and design of the proposed sign shall be considered in order to determine the sign will not obscure from view or unduly detract from existing adjacent signs. (g) The location and design of the proposed sign, its size, shape and color shall be considered in light of the visual characteristics of the surrounding area in order to determine the sign will not detract from or cause depreciation of the value of adjacent developed properties. (h) The location and design of a proposed sign in commercial districts in close proximity to any residential district shall be considered in order to determine the sign shall not have any adverse effect on the value and character of the adjacent residential district.
Sec. 9-4.309. Maintenance.
Every sign shall be maintained in a safe, presentable and sound structural condition. The replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance shall be done in a timely manner but not to exceed thirty (30) days from date of notice. The Planning Director shall require compliance with this section.
Sec. 9-4.310. Hazardous Signs.
(a) No sign shall be erected in such a manner as to constitute a traffic or pedestrian hazard. Illuminating lights shall be shielded from the direct view of traffic. The words "stop," "look," "danger," or any other word of similar import, shall not be used if they would confuse or mislead traffic. (b) No sign shall be erected at the intersection of public streets within the triangular area formed by connecting two points twenty-five (25) ft. from the intersecting lines formed by projecting street property lines toward the intersection unless the faces of the sign are less than two and one half (2½) ft. or more than eight (8) ft. above the curb grade, and its means of support has a maximum horizontal dimension of not more than one (1) ft.
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
Sec. 9-4.311. Minor Variance—Procedure.
The Planning Director may authorize minor variances from the requirements of this Chapter when the variance does not significantly affect adjacent property. (a) The Planning Director shall notify the property owner and the adjacent property owners of his intended decision and shall post a copy of his intended decision at least fifteen days prior to its effective date. An interested person may appeal the decision of the Planning Director concerning a minor variance. The decision of the Planning Director is null and void if an appeal is filed and the Commission shall act upon the application. Appeals must be filed before the effective date. (b) An interested party may appeal the decision of the Commission to the Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the Commission renders its decision.
Sec. 9-4.312. Abandoned Signs.
Onsite signs shall be removed within three months after a business is discontinued at a location at the expense of the property owner.
Sec. 9-4.313. Area Calculations.
The following methods shall be used to compute the area of a sign:
(a) The area of a monument or pole sign is to be computed by multiplying the total height by the total length of the sign or signs for one-sided signs, excluding framework. The base of the sign is not part of the sign when constructed on masonry.
(b) Where a two-sided monument or pole sign contains identical copy on each side, the area of the sign shall be computed by multiplying the total height by the length of one side only. (c) The area of a freestanding sign which has three (3) or more faces shall be computed by adding the areas of each face of the sign.
(d) The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining total surface area of an object. (e) Where the copy differs on each side of a sign, the total area shall be computed by adding together the areas of each side.
(f) A sign not in compliance with this Chapter, but existing is in violation of this section in 1998. Time extensions may be considered on the basis of amortization of initial cost of sign. Extensions may also be allowed for signs which possess features that make them a significant part of the historical heritage of the community.
ARTICLE 4. SIGNS PERMITTED
Sec. 9-4.401. R-1 and Interim Zones.
The following signs may be erected and maintained in the R-1 and interim zones provided they are located at least fifteen (15) ft. from any street or property line:
(a) One unlighted sign of not more than two (2) sq. ft. in area attached parallel with the front wall of the building and containing only the name and title or occupation of the occupant; Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
(b) For up to one (1) year, one (1) unlighted sign of not more than four (4) square feet in area advertising the premises for sale, lease, or rent located at the bottom of the sign and not more than two (2) feet above grade;
(c) One (1) non-illuminating sign of not more than four (4) square feet in area and not more than two (2) feet above grade giving the names of the contractors, engineers, architects, or other persons furnishing services during a construction period, provided such sign is not illuminated and further provided the bottom of such sign is located not more than two (2) feet above grade; and (d) One (1) unlighted sign of not more than four (2) square feet in area pertaining to the sale, lease, or hire of any building, property, or premises; and
(e) Two (2) unlighted signs of not more than thirty-two (32) sq. ft. each on property advertising the sale of developments or lot subdivisions containing an area of not less than two and one-half (2½) acres.
Sec. 9-4.402. Other Zones.
Signs may be erected in other than R-1 Zones without limitation as to size or number as long as such signs are constructed in accordance with the City's building regulations, do not constitute a safety hazard and otherwise comply with this Code.
Sec. 9-4.403. Monument Signs.
Freestanding monument signs shall meet the following standards:
(a) No sign shall be located within existing or future right-of-way without approval of the City Council. (b) The maximum height of the sign shall be twelve (12) ft. and 18 ft. for commercial centers. (c) Signs shall be a minimum of ten (10) ft. from property lines and shall be a minimum of twenty (20) ft. apart.
(d) Lighting of signs shall be arranged so as not to produce a glare on other properties in the vicinity. (e) The maximum width of the sign shall be twelve (12) ft. (f) The maximum area of the message area of a sign shall be eighty (80) sq. ft.
Sec. 9-4.404. Pole Signs.
Freestanding pole signs shall meet the following standards:
(a) The maximum area of the sign shall not exceed three hundred (300) sq. ft. (b) No part of the sign shall extend into existing or proposed street or right-of-way line or across property lines.
(c) The maximum height shall be thirty (30) ft.
(d) Signs shall be a minimum of ten (10) ft. from common property lines and shall be a minimum of twenty-five (25) ft. apart.
Sec. 9-4.405. Building Signs.
Signs attached to a building or a wall shall meet the following standards:
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
(a) The signs shall be attached flat against the building and parallel thereto. Signs shall not extend more than eighteen (18)in. from the wall of a building. (For the purpose of this section, a wall is a surface not less than sixty (60) degrees from the horizontal.)
(b) The signs shall not exceed fifty (50) sq. ft. and the length shall not be greater than three (3) times the width. (c) The signs may be located below the soffit of a canopy, overhang or porch and may be perpendicular to the building, but are not closer than twelve inches to the soffit or beam and maintain a minimum of eight (8) ft. vertical clearance along corridors, sidewalks or exit courts which are below the sign. (d) Lighting of the signs shall be arranged so as not to produce a glare on other properties in the vicinity, and the source of light shall not be visible from adjacent properties or a public street (neon excluded).
Sec. 9-4.406. Subdivision Signs.
Permanent identification signs, including signs which identify subdivisions, mobile home parks, apartments, townhouses, condominiums or any other residential project, shall meet the following standards:
(a) The signs shall be attached to an entrance gateway structure or monument sign. (b) The sign shall be located and maintained in a landscaped area on a parcel within the subdivision at a primary entrance.
(c) The sign shall not be illuminated except for low silhouette spot lighting which shall not create glare on other properties in the vicinity.
(d) The design and materials of the sign shall be approved by the Planning Director.
Sec. 9-4.407. Agricultural Signs.
Signs advertising agricultural products raised or produced on the same property may be erected in agricultural zones and shall meet the following standards:
(a) There shall be no more than one (1) sign per legal lot. (b) The sign shall be a minimum of ten (10) ft. from the ultimate street right-of-way. (c) The sign shall not exceed sixteen (16) sq. ft. in area and shall not exceed six feet in height. (d) The sign shall not be illuminated.
(e) The sign shall be stationary.
(f) The sign shall be an on-site sign.
Sec. 9-4.408. Institutional Signs.
Signs which identify churches, schools, hospitals, colleges, universities, and social service organizations, including fraternal and benevolent, must be located on the same property and shall meet the following standards:
(a) There shall be no more than two (2) signs per each street frontage, not to exceed a total of six (6) such signs per lot.
(b) Each sign shall be a monument sign not exceeding six (6) feet in height, or a wall sign which does not extend beyond the roof line or parapet wall of the building. (c) Lighting of such signs shall be indirect, non-flashing and shall not produce a glare on other adjacent properties.
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
(d) The signs shall not extend into any existing or proposed road or street right-of-way. (e) Generally recognized and acceptable religious or institutional symbols that are freestanding, are attached to or part of a church or monument sign may be exempted by the Planning Director from limitations on height and area of signs.
Secs. 9-4.409—9-4.413. Reserved.
Editor's note(s)—Ord. No. 06-637, adopted Feb. 7, 2006, repealed former §§ 9-4.409—9-4.413 in their entirety.
These former sections respectively pertained to Temporary Real Estate Sales Signs, Temporary Subdivision Signs, Temporary Construction Signs, Temporary Special Event Signs, and Temporary Commercial Signs.
CHAPTER 5. DEVELOPMENT AGREEMENTS
Sec. 9-5.101. Purpose and Scope.
The provisions of this Chapter regulate the processing, review and approval of development agreements as authorized by Government Code Sections 65854 et seq.
Sec. 9-5.102. Application.
(a) A property owner who desires to enter into a development agreement shall make application on forms provided by the Planning Director.
(b) The Planning Director shall present a report and recommendation on the application to the Planning Commission for review at a duly noticed public hearing as set forth below.
Sec. 9-5.103. Notices.
(a) The Planning Secretary shall give notice of intention to consider adoption of the development agreement prior to consideration of the proposed agreement by the Commission. (b) The notice shall contain:
(1) The time and place of the hearing;
(2) A general explanation of the matter to be considered including a general description of the area affected; and
(3) Other information required by specific provision of these regulations or which the Secretary considers necessary or desirable.
(c) The notice shall be given by:
(1) Publication at least once in a newspaper of general circulation, published and circulated in the City. (2) Mailing to persons shown on the last equalized assessment roll as owning real property within three hundred (300) ft. of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than one thousand (1,000), the Planning Secretary may provide notice in the manner set forth in Government Code section 65854.5(b).
Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
Sec. 9-5.104. Hearing.
(a) The public hearing shall be conducted by the Commission in accordance with the procedural standards for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. (b) No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicial or injury was done if error is shown.
Sec. 9-5.105. Contents of Agreement.
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide construction shall be commenced within a specified time and the project or phase be completed within a specified time.
Sec. 9-5.106. Other Regulations.
Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
Sec. 9-5.107. Commission.
At the conclusion of the hearing, the Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Commission's determination whether or not the development agreement proposed is:
(a) Consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
(b) Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
(c) In conformity with public convenience, general welfare and good land use practice; (d) Detrimental to the health, safety and general welfare; and Created: 2022-05-13 14:23:31 [EST]
(Supp. No. 10)
(e) Adversely affecting the orderly development of property or the preservation of property values.
Sec. 9-5.108. Council.
(a) The Council shall conduct a duly noticed public hearing to consider the Commission's recommendations. The hearing shall be called and conducted in the same manner as the Commission hearing is called and conducted.
(b) After the hearing, the Council may accept, modify or disapprove the recommendation of the Planning Commission. The Council may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the Council. (c) The Council may not approve the development agreement unless it finds the agreement is consistent with the general plan and applicable specific plans.
(d) The Council shall approve the development agreement, if at all, by ordinance. The City may enter into the agreement after the ordinance is effective.
Sec. 9-5.109. Recordation.
(a) Within ten (10) days after the City enters into the development agreement, the City Clerk shall have the agreement recorded.
(b) If the agreement is amended or terminated, the City Clerk shall have notice of such action recorded.
Sec. 9-5.110. Periodic Review.
(a) The Commission shall conduct a hearing to review the development agreement at least every twelve (12) months from the date of the agreement. The time for review may be modified either by agreement between the parties in one or more of the following ways:
(1) Recommendation of the planning staff;
(2) Affirmative vote of at least three (3) members of the Planning Commission; and (3) Affirmative vote of at least three (3) members of the Council. (b) The City Clerk shall begin the review proceeding by giving notice to the property owner the City intends to undertake a periodic review of the development agreement at least thirty (30) days in advance of the hearing.
(c) At the public hearing, the property owner must demonstrate good faith compliance with the terms of the agreement. The Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
(d) If the City finds and determines on the basis of substantial evidence the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the City finds and determines on the basis of substantial evidence the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may modify or terminate the agreement. (e) The property owner may appeal a determination pursuant to this section to the Council. - Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 6. DEFERRED IMPROVEMENTS
California City, California, Code of Ordinances Created: 2022-05-13 14:23:32 [EST] (Supp. No. 10)
CHAPTER 6. DEFERRED IMPROVEMENTS
ARTICLE 1. GENERAL
Sec. 9-6.101. General.
This Chapter describes how the City will keep, invest and disburse money collected for the construction of subdivision improvements.
Sec. 9-6.102. Definitions.
The following terms are defined for the purposes of this Chapter, unless otherwise apparent for context:
(a) "Subdivision Deferred Improvement Tracts" or "SDI Tracts" are twenty-nine (29) tracts within the City subject to a deferred improvement agreement and identified as tract numbers 2898, 2967, 3060, 3061, 3062, 3070, 3071, 3080, 3081, 3139, 3140, 3186, 3187, 3188, 3192, 3193, 3194, 3195, 3196, 3197, 3198, 3243, 3245, 3279, 3280, 3281, 3282, 3288, 3353.
(b) "Subdivision Deferred Improvement Lots" or "SDI Lots" are lots within Subdivision Deferred Improvement Tracts.
(c) "Subdivision Deferred Improvement Agreements," "Deferred Improvement Agreements," or "SDI Agreements" means agreements calling for payments by owners of SDI Lots to finance the subsequent construction of certain improvements for SDI Tracts.
(d) "Subdivision Deferred Improvements," "Deferred Improvements," or "SDI Improvements" means the improvements described in the SDI Agreements.
(e) "SDI Advisory Committee" means the committee created to advise the City on compliance with this Chapter.
(Ord. 98-552, § 2)
ARTICLE 2. PRESERVATION OF SDI FUND
Sec. 9-6.201. Establishment of SDI Fund.
Money paid by SDI Lot Owners under the SDI Agreements for the construction of SDI Improvements shall be deposited into the SDI Fund.
ARTICLE 3. SDI FUND EXPENDITURES
Sec. 9-6.301. General.
The City shall spend the money in the SDI Fund:
Created: 2022-05-13 14:23:32 [EST]
(Supp. No. 10)
(a) To promptly construct any SDI Improvements remaining for tract numbers 3281, 3282, and 3288. (b) To construct SDI Improvements for SDI Tracts not identified in (a) as the need arises. As used herein, "construction" means the actual costs related to and necessary to construct and put improvements in place for their intended use, including but not limited to the design, solicitation, evaluation, award of construction contracts and administration of construction contracts. (c) To pay the costs of maintenance of SDI Improvements. As used herein, "maintenance" means the actual cost of operating and maintaining SDI Improvements, but does not include the cost of administering operation and maintenance programs.
Sec. 9-6.302. Determination of Need for Improvements.
(a) The City's policy on expenditures of monies in the SDI Fund for the construction of SDI Improvements is to encourage the development of new home construction consistent with prudent municipal development and expending as much of the accumulated money as necessary to provide for and stimulate the development of SDI Tracts. The City's goal is to develop sufficient interest to require the annual expenditure of 5% to 10% or more or less of the accumulated SDI Fund.
(b) On or before May 1st of each year, the City Engineer shall submit a list of proposed SDI Improvements to the SDI Advisory Committee and City Manager. A SDI Lot Owner may also propose an SDI Improvement by submitting a description of the project. Except when an urgency exists, e.g., a home under construction, proposals by SDI Lot Owners shall be reviewed by the City Engineer as described in the annual report. SDI Lot Owners proposing SDI Improvements are encouraged to submit evidence showing how the proposal will benefit SDI Lots and how the proposed improvements will be used at an early date. Proof of impending construction such as working drawings, approved construction loan, monies in escrow, building plans and water meter application must be shown to ensure the SDI Lot Owner is committed to improving the lot. (c) The SDI Advisory Committee and the City Manager shall evaluate the report of the City Engineer and make recommendations to the City Council concerning the construction of the SDI Improvements as part of the annual budget process. The City Engineer shall prepare plans and specifications for each SDI Improvement project identified in the approved budget and shall submit such plans and specifications to the Council for action during the first quarter of each fiscal year. SDI Improvement projects identified in the approved plans and specifications shall be constructed as soon as feasible, taking into consideration variations in staffing, climate, and staging of projects.
Sec. 9-6.303. Maintenance of SDI Improvements.
(a) The City may expend monies from the SDI Fund to maintain SDI Improvements and pay for administrative expenses as permitted by this chapter under the terms and conditions of this Section. (b) Money shall annually be transferred from the SDI Fund to the City's General Fund for such purpose and shall not exceed the Lessor of:
(1) $290,000.00 per fiscal year, which total may be an average of such expenditures over a four-year period.
(2) The amount of money in the SDI Fund attributable to investment earnings (as opposed to principal). (3) The amount of money in the SDI Fund which the City Engineer and the Finance Director jointly certify to exceed the anticipated cost of constructing outstanding SDI Improvements for SDI Tracts. (4) The cost of maintaining SDI Improvements.
- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 6. - DEFERRED IMPROVEMENTS
ARTICLE 4. ENFORCEMENT
California City, California, Code of Ordinances Created: 2022-05-13 14:23:32 [EST] (Supp. No. 10)
ARTICLE 4. ENFORCEMENT2
Secs. 9-6.401—9-6.404. Reserved.
2 Editor's note(s)—Ord. No. 06-643, adopted on Dec. 10, 2006, repealed former Art. 4, §§ 9-6-401—9-6.404, in its entirety which pertained to the SDI Advisory Committee, - Code of Ordinances
TITLE 5 PUBLIC WELFARE
California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)
TITLE 5 PUBLIC WELFARE
CHAPTER 1. PUBLIC NUISANCE
ARTICLE 1. PROPERTY MAINTENANCE
Sec. 5-1.101. Purpose.
This Article shall be known as the "Public Nuisance Abatement Regulations of the City." This Article is enacted in accordance with Chapter 13 (commencing with section 39501) of Division 3, Title 4, of the Government Code.
Sec. 5-1.102. Definitions.
The following words are defined for the purposes of this Article. (a) "Public Nuisance" means anything injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property. "Public Nuisance" includes, but is not limited to:
(1) Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty-five percent of the value of the building as it appears on the current tax assessor's roll or left in an unreasonable state of partial construction for a period of one (1) year or more without completion;
(2) Broken, defective, damaged, dilapidated, or missing windows or doors in a building or structure; (3) Broken window, door or other opening constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals, or enabling a person to resort thereto for the purpose of committing unlawful acts; (4) Any building exterior, wall, fence, driveway, sidewalk or walkway on property which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood; (5) Inadequate weather protection to structure so as to cause, or tend to cause or promote the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco, or other exterior covering;
(6) Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit; and
(7) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, likely to harbor mosquitoes or other annoying insects. (b) "Refuse" means combustible rubbish, garbage, food plant waste, market waste, or non-combustible rubbish.
(c) "Rubbish" means paper, pasteboard, carpet, rags, clothing, books, boots, shoes, straw, combustible packing, barrels, boxes, furniture, and similar Articles.
Created: 2022-05-13 14:23:10 [EST]
(Supp. No. 10)
(d) "Nuisance Activity" means any disturbance of peace in violation of California Penal Code Section 415. (Ord. No. 11-702, 5-17-2011)
Sec. 5-1.103. General.
The owner and occupier of property within the City shall maintain the property in such a way as to avoid creating a public nuisance. Code Enforcement Officer shall inspect property to determine the presence of nuisances. The Code Enforcement Officer shall issue notices and citations to abate such nuisances with the policies and procedures manual from time to time adopted by the department which employs the Code Enforcement Officer.
(Ord. No. 05-632, 8-16-2005)
Sec. 5-1.104. Notices.
(a) The Code Enforcement Officer shall provide the owner of the property on which the nuisance is maintained with a Notice to Abate in substantially as follows:
"Notice is given the Code Enforcement Officer of the City of California City has found and declared the following condition on your property located at [property location] constitutes a public nuisance: [describe condition]
The Code Enforcement Officer also found this condition must be abated by removal or, the nuisance will be removed and abated by the City and the cost of removal assessed against your land. Such costs shall include reasonable attorney fees. Such costs will constitute a lien on such land until paid. In the alternative, the amount may be placed on the tax rolls for collection.
If you object to the proposed removal or abatement of the above described nuisance may file a written appeal with the City Manager at the above-address within 10 days from the date of receipt of this Notice.
Dated:
_______________________________
Code Enforcement Officer
City of California City"
(b) The Notice shall be served on the record owner of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The Notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after diligent search, the Notice may be served by posting a copy in a conspicuous place on the property for ten days and publication in a newspaper of general circulation published in Kern County. (c) The Code Enforcement Officer shall abate the nuisance without further notice to the record owner if the record owner does not appeal the decision of the Code Enforcement Officer within ten days of receipt. If the record owner appeals the decision, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed.
(Ord. No. 05-626, 5-17-05)
Created: 2022-05-13 14:23:10 [EST]
(Supp. No. 10)
Sec. 5-1.105. Review of Code Enforcement Officer Decision. (a) The record owner of property described in the Notice to Abate may appeal the determination of the Code Enforcement Officer by filing a written Notice of Appeal with the City Clerk within ten (10) days of receipt of the Notice to Abate. The Notice of Appeal shall include reference to the Notice to Abate, identify property on which the alleged nuisance is located, and state why the record owner believes the condition should not be abated. The Notice of Appeal shall also state whether the record owner requests a public hearing or will allow a decision to be made on written materials.
(b) When a public hearing is requested, the City Clerk shall set the public hearing before the City Manager and, if possible, within ten (10) days. The City Clerk shall provide written Notice of Hearing to the record owner and City Manager.
(c) The City Manager shall consider the appeal of the record owner at the time and place stated in the notice of hearing. The hearing may be continued from time-to-time. The City Manager shall affirm, overrule or modify the decision of the Code Enforcement Officer at the conclusion of the hearing. The City Manager's written decision shall be final when served upon the record owner.
Sec. 5-1.106. Cost Recovery.
(a) When nuisance abatement costs are incurred by the City and not paid by the record owner within thirty (30) days of presentation of a bill, a nuisance abatement lien shall be recorded in the Kern County Recorder's Office, and from the date of recording shall have the force and effect and priority of a judgment lien. The lien shall specify: the amount of the lien, the city's name, the date of the abatement order, street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. If the lien is discharged, released or satisfied, either through payment or foreclosure, Notice of Discharge containing the information specified above shall be recorded.
The lien may be foreclosed by action brought by the City for money judgment. (b) As an alternate to the procedure set forth in the preceding paragraph, the cost of abatement may be collected as a special assessment against the parcel on which the nuisance is located. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
(c) As used herein, costs of abatement shall include attorney fees. (d) Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding the record owner responsible for a condition that may be abated in accordance with this Article, except for conditions abated pursuant to Health and Safety Code §17980, the record owner shall pay treble the cost of abatement. (Ord. No. 05-626, 5-17-2005)
Sec. 5-1.107. Cost Recovery—successive incidents.
When an abatement order has been properly rendered, the owner of the property and tenants shall be jointly and severally responsible for each successive nuisance incident occurring on the property and shall be jointly and severally responsible for payment of costs associated with each successive nuisance within a twelvemonth period. The cost of a response shall include, without limitation, the salaries and benefits paid to the responding employees of the City.
(Ord. No. 11-702, 5-17-2011)
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 1. - PUBLIC NUISANCE
ARTICLE 1A. ABANDONED, ACCESSIBLE AND DISTRESSED REAL PROPERTY California City, California, Code of Ordinances Created: 2022-05-13 14:23:11 [EST] (Supp. No. 10)
ARTICLE 1A. ABANDONED, ACCESSIBLE AND DISTRESSED REAL PROPERTY1 Sec. 5-1.1A01. General.
The City Council hereby establishes a mechanism to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, accessible or distressed real property, to establish a property registration program, and to set forth guidelines for the maintenance of abandoned, accessible or distressed real property.
Sec. 5-1.1A02. Inspection and Registration of Abandoned, Accessible and Distressed Real Property.
(a) Each beneficiary and trustee, who holds a deed of trust on real property within the City, shall inspect the property to determine if it is abandoned, accessible or distressed, prior to recording a notice of default or similar instrument. As used herein, "abandoned" means a building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default or notice of trustee's sale, pending tax assessor's lien sale or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, or any real property conveyed via a deed in lieu of foreclosure/sale. As used herein, "accessible" means real property or structures not secured or open in such a way as to allow public or unauthorized access. As used herein, "distressed" means property subject to notice of default or notice of trustee's sale, pending tax assessor's lien sale or real property conveyed through a foreclosure sale to an interested beneficiary of a deed of trust, or real property conveyed through a deed in lieu of foreclosure, regardless of vacancy or occupancy. (b) Within ten (10) days of identification of an abandoned or accessible property, and annually thereafter, the beneficiary and trustee must register the property with the Chief of Police. A person who has registered a property under this Article must make a written report to the Police Department of changes of information contained in the registration within ten days of the change. For convenience, property described in this section shall be called "registered property."
(c) If the property is lawfully occupied but distressed, the trustee and beneficiary shall inspect the property each month until the trust deed default is remedied.
Sec. 5-1.1A03. Maintenance.
(a) It is a public nuisance for a person to cause, permit, or maintain registered property contrary to this Article.
The following maintenance standards apply to registered property. (b) The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance the property is abandoned. 1 Editor's note(s)—Ord. No. 09-679, adopted on Aug. 4, 2009, added Art. 1A.
Created: 2022-05-13 14:23:10 [EST]
(Supp. No. 10)
(c) The property shall be maintained free of graffiti, tagging or similar marking. (d) Visible front and side yards shall be landscaped and maintained to the neighborhood standard. As used herein, "landscaping" includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.
Landscaping does not include weeds, broken concrete, plastic sheeting, indoor-outdoor carpet, or any similar material. As used herein, "neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard, no abandoned or distressed building, structure or real property shall be considered.
(e) Pools and spas shall be kept in working order so water remains clear and free of pollutants and debris, or alternatively, shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. (f) Within the sole and reasonable discretion of a duly authorized enforcement official, this maintenance requirement applies to property subject to the registration requirement under construction or repair, not less than three business days per week, undertaken in compliance with applicable law.
Sec. 5-1.1A04. Security.
(a) Registered properties shall be secured and inaccessible to unauthorized persons. If the property is owned by a person located more than twenty-five (25) road miles from the property, a local property management company shall perform weekly inspections to verify compliance with this Article. (b) Registered property shall be posted with the name and 24-hour contact phone number of the person responsible for property management. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches, shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY _______," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.
Sec. 5-1.1A05. Fees.
Fees for implementing this Article shall be established from time-to-time by resolution of the Council.
Sec. 5-1.1A06. Remedies.
(a) Violation of this Article is a strict liability offense. A violation occurs regardless of a violator's intent. (b) A person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages property subject to the registration requirement and causes, permits, or maintains a violation of this Article is guilty of a misdemeanor.
(c) The remedies in this section are cumulative to, and not in place of, other rights and remedies available to the City pursuant to this Code. The City Attorney or designee may pursue other rights or remedies, including, but not limited to, commencement of a civil or administrative action to abate the condition as a public nuisance.
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
(d) If the City takes administrative action to abate the condition of a property subject to the registration requirement and beyond the rights and remedies specified in this Code, the following administrative penalties shall apply.
(1) On the administrative penalty due date, each party subject to an abatement order shall pay an administrative penalty of $1,000.00.
(2) If a violation of this Article addressed by an abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of a duly authorized Enforcement Official by the thirtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of $5,000.00.
(3) If a violation of this Article addressed by an abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of a duly authorized enforcement official by the sixtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a second supplemental administrative penalty of $25,000.00. (e) In each instance when a party becomes subject to an administrative penalty specified in this section, an enforcement official shall issue an order providing written notice of that party's obligation to make payment of said administrative penalty. Each such order shall constitute a special assessment against the property in question having the same legal status as an order determining the cost of abatement of a public nuisance. (f) In each instance, when a party becomes subject to an administrative penalty, and the order providing for the administrative penalty issues when that party is seeking to perfect its interest in the subject property subsequent to the recordation of a notice of default, or is the property's owner of record, that party is not relieved of its obligation to pay an administrative penalty based upon the sale of the property in question to another.
ARTICLE 2. GRAFFITI ABATEMENT
Sec. 5-1.201. Graffiti Implements.
(a) Every person who operates or manages a retail commercial business selling graffiti implements shall:
(1) Store or cause graffiti implements to be stored in an area not accessible to the public in the regular course of business without employee assistance.
(2) Place a sign in public view stating substantially the following:
"Placing graffiti is a crime. Possession of graffiti implements is also a crime under certain circumstances. It is a crime to sell or convey aerosol spray paint or broad tip markers to a minor." (b) The following terms are defined for this Article:
(1) "Graffiti" are crude drawings, inscriptions or defacement applied to property without the consent of the owner or person in possession.
(2) "Graffiti implements" are aerosol spray paints, paints, dyes, polish, broad tip markers containing anything other than a water soluble solution.
(3) "Broad tip markers" are marker pens with a tip broader than 3/8" in width.
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
Sec. 5-1.202. Graffiti Removal.
(a) The Code Enforcement Officer shall issue notices and citations to remove graffiti. The Notice shall be directed to the owner of record of the parcel of land on which the graffiti exists with a Notice to Abate substantially as follows:
"Notice is given the Code Enforcement Officer of the City of California City has found and declares a public nuisance consisting of graffiti exists on your property located at:___________________________________.
The Code Enforcement Officer has also found and determined this condition must be abated by removal.
The graffiti will be removed and the nuisance abated by the City and the cost of removal assessed against the land on which the graffiti is located and such cost will constitute a lien until paid. In the alternative, if the cost is not paid, the amount should be placed on the tax rolls for collection.
If you object to the proposed removal or abatement of the above described nuisance, you may file a written appeal with the Code Enforcement Officer or designee at City Hall within three (3) days from the date of receipt of this notice.
Dated:
_______________________________
Code Enforcement Officer"
(b) The Notice to Abate shall be served on the record owner based on the last equalized assessment role or supplemental role, whichever is most current. The Notice shall be served in the same manner as a Summons in a civil action. If the record owner cannot be found after diligent search, the Notice may be served by posting a copy thereof in a conspicuous place on the property for 10 days and publication in a newspaper of general circulation published in Kern County pursuant to the Government Code. (c) The Code Enforcement Officer shall abate the nuisance without further notice to record owner if the record owner does not appeal the decision within 10 days of receipt. If the record owner appeals the decision, in a timely manner, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed. The Code Enforcement Officer shall consider the appeal of the record owner. The Code Enforcement Officer's written decision shall be final.
Sec. 5-1.203. Graffiti Abatement: Cost Recovery.
(a) If the Code Enforcement Officer has invoked the abatement process described in the preceding section and if the record property owner has not paid the cost of removal within thirty (30) days of presentation of a bill, a nuisance abatement lien may be filed.
(b) Pursuant to Civil Code §1714.1, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti shall be jointly and severally liable with such minor for resulting damages incurred by the property owner in an amount not to exceed $25,000.00 for each such act of defacement.
ARTICLE 3. ABANDONED VEHICLES
Sec. 5-1.301. Findings and Determination.
Pursuant to Vehicle Code Section 22660, the Council finds: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or vehicle parts, on private or public property, not including highways, is a condition tending to reduce the value of private property, promote blight and deterioration, invite Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
plundering, create fire hazards, constitute an attractive nuisance, create a harborage for rodents and insects, and be injurious to the health, safety, and general welfare. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or vehicle parts, on private or public property, not including highways, except as expressly permitted herein is prohibited.
Sec. 5-1.302. Exceptions.
This Article shall not apply to:
(a) A vehicle, or vehicle parts, completely enclosed within a building or six-foot high solid fence and not visible from the street or other public or private property; or (b) A vehicle, or vehicle parts, stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
Sec. 5-1.303. Administration and Enforcement.
(a) The Chief of Police may cause the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on property within the City in accordance with this Article. If a vehicle or vehicle parts are visible from public rights of way, the Chief of Police may enter upon private or public property to examine or obtain information as to the identity of a vehicle, and to remove, or cause the removal of, a vehicle, or vehicle parts, declared a nuisance pursuant to this Article. (b) The City may contract with the Department of Motor Vehicles to administer and enforce this Article. When the City has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or vehicle parts, declared to be a nuisance pursuant to this Article.
Sec. 5-1.304. Notices of Intention to Abate.
(a) A ten-day prior written notice of intention to abate and remove a vehicle, or vehicle parts, shall be mailed by registered mail to the owner of the land where the vehicle or vehicle parts are located, and to the owner of the vehicle, unless identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
" Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as a Public Nuisance
(Name and address of the owner of the land)
As owner shown on the last equalized assessment roll of the land located at [address], you are notified the undersigned, pursuant to the California City Municipal Code, has determined an abandoned, wrecked, dismantled, or inoperative vehicle registered to __________________, license number __________, constitutes a public nuisance on your land.
You shall abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days from the date of mailing of this notice. If you fail to do so, the same will be abated and removed by the City, and the costs, together with administrative costs, will be assessed to you as owner of the land.
You may, within ten days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief of Police may abate and remove the said vehicle (or said vehicle parts of a vehicle) )as a public nuisance and assess Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the vehicle (or vehicle parts), with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at hearings requested by you or by the owner of the vehicle or you may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice mailed [date].
/s/_______________________________
Chief of Police, City of California City
"Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as Public Nuisance
(Name and Address of the last registered and/or legal owner of record of vehicle; notice should be given to both if different.)
As last registered (and/or legal) owner of record of [description of vehicle: make, model, license, etc.], you are notified, pursuant to the California City Municipal Code, the Chief of Police has determined the vehicle (or vehicle parts) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance.
You are notified to abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days after the mailing of this notice, or request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief or Police may abate and remove the vehicle (or vehicle parts) without a hearing.
Notice mailed [date].
/s/____________________________
Chief of Police, City of California City"
(b) A notice of intention to abate shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or vehicle part, or the following conditions are satisfied:
(1) The vehicle or vehicle part is inoperable due to the absence of a motor transmission, or wheels and is incapable of being towed;
(2) The vehicle or vehicle part is valued at less than $300.00 by the Chief of Police or designee; (3) The Department of Building and Safety has determined the vehicle or vehicle part is a public nuisance, presenting an immediate threat to public health or safety; (4) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or vehicle part; and
(5) The vehicle is located upon a parcel zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
(c) If a vehicle is removed prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or vehicle part. If the vehicle or vehicle part is not claimed and removed from the scrap yard, automobile dismantler's yard, or public disposal area within twelve (12) days after the notice to dispose of vehicle is mailed, final disposition may proceed.
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
Sec. 5-1.305. Requested Hearings: Notices.
(a) When a proper request is lodged, a public hearing shall be held by the City Council on the question of the abatement and removal of the vehicle, or parts, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of removal of the vehicle, or parts, against the property on which the vehicle, or parts, is located. (b) Notice of the hearing shall be mailed by registered mail at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle.
(c) The City Council shall hear facts and testimony it deems pertinent. The City Council shall not be limited to technical rules of evidence. The owner of the land may appear at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for such denial.
(d) At the conclusion of the hearing, the City Council may impose conditions and take such other action appropriate under the circumstances to carry out the purposes of this Article. The order requiring the removal shall include a description of the vehicle, or parts thereof, and the correct identification and license number of the vehicle if available. The City Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the land if it is determined at the hearing the vehicle was placed on the land without the consent of the owner of the land and the owner has not subsequently acquiesced in its presence. (e) Such owner or interested party shall be notified in writing of the decision. For lien sale purposes, the Council shall determine if the estimated value of the vehicle ordered removed, towed, or stored is $100.00 or less, over $100.00, but less than $200.00.
(Ord. No. 00-582, 10-3-2000)
Sec. 5-1.306. Removal.
Five (5) days after the adoption of the order declaring the vehicle, or parts, to be a public nuisance, or five (5) days after the date of the mailing of the notice of decision, if such notice is required by this Article, the vehicle or parts, may be disposed of by removal to a scrap yard or automobile dismantler's yard. A vehicle which has been removed shall not be reconstructed or made operable unless it qualifies for horseless carriage license plates or historical vehicle plates pursuant to the Vehicle Code.
Sec. 5-1.307. Removal: Notices.
Within five (5) days after the date of the removal of the vehicle, or parts, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles of the State evidence of registration available, including registration certificates, certificates of title, and license plates.
Sec. 5-1.308. Assessment of Costs.
(a) Fifty (50) percent of the actual costs of the removal of a vehicle, or vehicle parts, declared a nuisance pursuant to this Article constitutes the administrative costs of the City. Such amount is fixed as administrative costs.
(b) If the administrative costs and the costs of removal charged against the owner of a parcel of land pursuant to this Article hater are not paid within thirty (30) days after the date of the order, or the final disposition of an Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State. A notice of assessment shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as City taxes.
Sec. 5-1.309. Act of Abandonment-Infraction.
It is unlawful and an infraction to abandon, store, leave, or permit the abandonment, storing, or leaving of a licensed or unlicensed vehicle or vehicle part which is abandoned, wrecked, dismantled or inoperative on private property or public property, including highways, within the City for period in excess of seventy (72) or more consecutive hours unless such vehicle or vehicle part is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer or a junkyard.
ARTICLE 4. NOISE AND VIBRATION
Sec. 5-1.401. Purpose and Scope.
It is the policy of the City to prohibit unnecessary, excessive and annoying noise and vibration. Certain noise levels and vibration are detrimental to the public health, welfare and safety and contrary to the public interest.
The City Council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained noise or vibration in a manner prohibited by or not in conformity with the provisions of this Article, is a public nuisance.
Sec. 5-1.402. Definitions.
The following words are defined for the purposes of this Article:
(a) "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (b) "'A' weighted sound level" means the total sound level in decibels of sound as measured with a sound level meter with a reference pressure of 20 micropascals using the "A" weighted network (scale) as slow response. The unit of measurement is dB(a).
(c) "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
(d) "Emergency machinery, vehicle, work or alarm" means machinery, vehicle, work or alarm use, employed, performed or operated to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities restoring utility service. (e) "Fixed noise source" means a stationary device creating sound while fixed or motionless including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. (f) "Impact noise" means the noise produced by the collision of one mass in motion with a second mass in motion or at rest.
(g) "Intruding noise level" means the total sound level created, caused, maintained or originating from an alleged offensive source in decibels at a specified location while the alleged offensive source is in operation.
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
(h) "Licensed" means the issuance of a formal license or a permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the permission of the activity by the jurisdiction as noted in public record.
(i) "Major roadway" means a street, avenue, boulevard, or highway used for motor vehicle traffic owned or controlled by a public governmental entity with an average daily traffic flow of thirty thousand (30,000) or more vehicles.
(j) "Mobile noise source" means a noise source other than a fixed noise source. (k) "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so other frequencies cannot be readily distinguished and, if measured, shall exist if the one-third (⅓) octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (⅓ octave bands by five (5) dB for frequency settings of five hundred (500) Hertz (Hz) and above, by eight (8) dB for frequency settings between one hundred sixty (160) and four hundred (400) Hz, and by fifteen (15) dB for frequency settings less than or equal to one hundred twenty five (125) Hz.
(l) "Sound level meter" means an instrument meeting American national Standard Institute's Standard S1.4.1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (m) "Sound pressure level" of a sound, in decibels, means twenty times the logarithm to the base of ten of the ration of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
Sec. 5-1.403. Decibel Measurement Criteria.
Decibel measurement shall be based on a reference sound pressure of twenty (20) micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at a slow response.
Sec. 5-1.404. Designated Noise Zones.
The properties hereinafter described are assigned to the following noise zones:
Noise Zone I: Single, double and multiple family residential properties located at a distance more than 600 feet from a major roadway.
Noise Zone II: Single, double and multiple family residential properties located at a distance equal to or less than 600 feet from a major roadway.
Noise Zone III: Commercial properties.
Noise Zone IV: Manufacturing or industrial properties.
Sec. 5-1.405. Exterior Noise Standards.
(a) The following exterior noise standards apply to property with the designated noise zone:
Noise
Zone
Type of Land Use Time Interval Allowable Exterior Noise Level
I Single, double or multiple
family residential (R-1, R-2, R3, and R-4)
10:00 p.m.—7:00 a.m.
7:00 a.m.—10:00 p.m.
45 dB(A)
50 dB(A)
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
II Single, double or multiple
family residential (R-1, R-2, R3, and R-4)
10:00 p.m.—7:00 a.m.
7:00 a.m.-10:00 p.m.
50 dB(A)
55 dB(A)
III Commercial (C-1, C-2, etc.) 10:00 p.m.—7:00 a.m.
7:00 a.m.—10:00 p.m.
60 dB(A)
65 dB(A)
IV Industrial or manufacturing
(M-1, M-2, etc., or 1-1, 1-2,
etc.)
Anytime 70 dB(A)
(b) No person shall create noise, or allow the creation of noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on other property to exceed:
(1) The noise standard for a cumulative period of more than thirty minutes in any hour; or (2) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour; or (3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (c) If the ambient noise level exceeds any of the above five noise limit categories, the cumulative period applicable to the category shall be increased to reflect the noise level. (d) Each of the noise limits specified above shall be reduced by 5 dB (A) for impact or simple tone noises, or for noises consisting of speech or music.
(e) If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply.
(f) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location's designated land use and for the time of day the noise level is measured.
The reasonableness of temporarily discontinuing the noise generated by an intruding noise source shall be determined by the Health Officer, or by the Police Chief, for the purpose of establishing the existing ambient noise level at the measurement location.
Sec. 5-1.406. Interior Noise Standards.
(a) The following interior noise standards apply to residential property within all noise zones.
Type Of Land Use Time Interval Allowable Interior
Noise Level
Residential 10:00 p.m.—7:00 a.m. 45 dB(A)
7:00 a.m.—10:00 p.m. 55 dB(A)
(b) No person shall create noise or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured within a residential dwelling unit in any noise zone to exceed:
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
(1) The noise standard for a cumulative period of more than five minutes in any hour; or (2) The noise standard plus five dB (A) for a cumulative period of more than one minute in any hour; or (3) The noise standard plus ten dB (A) for any period of time. (c) If the ambient noise level exceeds any of the above three noise limit categories, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. (d) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified above shall be deemed property to enforce this section.
Sec. 5-1.407. Exemptions.
The following activities are exempt from this Article:
(a) Activities conducted on public parks, public playgrounds and public or private school grounds including, but not limited to, school athletic and school entertainment events. (b) Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, if the events are conducted pursuant to a permit or license issued by the City. (c) Mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of bell or alarm on building or motor vehicle shall terminate its operation within thirty (30) minutes of being activated. (d) Noise sources associated with or vibration created by construction, repair or remodeling of real property or during authorized seismic surveys under the following conditions:
(1) The activities occur between the hours of 6:00 a.m. and 8:00 p.m. between May 15 and September 15 of each year or between the hours of 7:00 a.m. and 8:00 p.m. during the remainder of the year.
(2) The activities do not take place on Sundays or federal holidays. (3) The noise level created by such activities does not exceed 60 dB (A) plus the limits specific herein as measured on residential property; and
(4) A vibration does not endanger the public health, welfare and safety.
Sec. 5-1.408. Schools, Hospitals, Churches, Libraries, etc.
No person shall create noise causing the noise level at a school, hospital, church or library to exceed the noise standards for the assigned noise zone in which the school, hospital, church or library is located, or which noise level unreasonably disturbs or annoys patients in a hospital. Conspicuous signs shall be displayed in three (3) separate locations within one-tenth ( ⅒) mile of the institution or facility indicating a quiet zone.
Sec. 5-1.409. Noise Level Measurements Locations.
The location selected for measuring exterior noise levels shall be at any point on the affected property.
Interior noise measurements shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source.
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
Sec. 5-1.410. Vibration Standards.
No person shall create, maintain or cause ground vibration perceptible without instruments at any point on adjoining property. The perception threshold shall be presumed to be more than five-hundredths (0.05) inches per second RMS vertical velocity.
Sec. 5-1.411. Proposed Developments.
Each department whose duty it is to review and approve new projects or changes to existing projects that may result in an increase in ambient noise levels shall consult with the Health Officer prior to approval. If the Health Officer has reason to believe a standard, regulation or action or proposed standard, regulation or action of any department respecting noise does not conform to this Article, the Health Officer may request such department to consult on the advisability of revising such standard or regulation to obtain uniformity.
Sec. 5-1.412. Variance Procedures.
The owner or operator of a noise or vibration source may file an application with the Health Officer for a variance. The owner or operator shall set forth actions taken to comply with the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for accomplishment. The application shall be accompanied by a fee in the amount established from time to time by resolution. A separate application shall be filed for each noise source. Several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of the application and fee, the Health Officer shall refer it with a recommendation within 30 days to the Planning Commission.
Sec. 5-1.413. Noise Variance Board.
(a) The Planning Commission may hire a registered mechanical engineer, physician or other expert. (b) The Commission shall evaluate applications for variance. Variances shall detail the approved method of achieving maximum compliance and a time schedule or its accomplishments. The Commission shall consider the following:
(1) The magnitude of nuisance caused by the offensive noise; (2) The uses of property within the area of impingement by the noise; (3) The time factors related to study, design, financing and construction of remedial work; (4) The economic factors related to age and useful life of the equipment; and (5) The general public interest, welfare and safety.
(c) Variance shall be by resolution and transmitted to the Health Officer and the Police Chief for enforcement.
Sec. 5-1.414. Appeals.
(a) Within fifteen (15) days following the decision of the Commission, the applicant, the Health Officer or member of the City council may appeal the decision to the City Council in accordance with Title 1, Chapter 4. (b) In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the Secretary of the Board on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council. If the actual cost differs from the estimated cost, appropriate payments shall be made either to or by the Secretary.
Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)
(c) Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the Secretary of the Commission shall forward to the City Council copies of the application for variance; the recommendation of the Health Officer; the notice of appeal; evidence concerning application and the Commission's decision thereon.
(d) The Council shall conduct a hearing within thirty(30) days of receipt of the record and render a decision within fifteen (15) days after the hearing. The Council's decision is final. (Ord. No. 07-656, 12-4-2007)
Sec. 5-1.415. Enforcement.
(a) The County Health Officer and the Police Chief shall enforce this Article. (b) For the initial violation of this Article, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application shall be received by the Health Officer. No complaint or further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice. (c) Violation of this Article is a public nuisance and may be abated in accordance with law.
ARTICLE 5. DANGEROUS BUILDINGS
Sec. 5-1.501. Dangerous Buildings.
(a) The latest edition of the Uniform Code for Abatement of Dangerous Buildings, promulgated by the International Conference of Building Officials, is adopted by this reference. (b) The procedures and remedies set forth in the Uniform Code for Abatement of Public Buildings are cumulative. Nuisances created by dangerous buildings can be abated in accordance with the Uniform Code, other provisions of this Municipal Code, or other provisions of law.
ARTICLE 6. OPENED CONTAINERS
Sec. 5-1.601. Possession of Opened Containers: Prohibited. (a) No person shall have in his possession, or on his person, while in a business district, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened or a seal broken, or the contents of which have been partially removed. "Business district" refers to any area within the City where business activity occurs on two or more contiguous lots or parcels of land. (b) This section shall not apply to:
(1) Persons who, upon the recommendation of a doctor, carry alcoholic beverages for medicinal purposes; (2) Clergymen who carry alcoholic beverages for religious purposes; (3) Persons who possess alcoholic beverages within business establishments properly licensed to dispense alcoholic beverages, such as bars and restaurants; and
(4) The possession of an opened container during public celebrations, provided, notices have been posted indicating this exception exists and the duration thereof. - Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 1. - PUBLIC NUISANCE
ARTICLE 7. ADVERTISING DISTRIBUTION
California City, California, Code of Ordinances Created: 2022-05-13 14:23:11 [EST] (Supp. No. 10)