Citrus Heights City Council Meetings
September 11, 2024

AGENDA
SEPTEMBER 11, 2024

CITY OF CITRUS HEIGHTS CITY COUNCIL
5:00 PM SPECIAL MEETING
6:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process. The Council may take up any agenda item at any time, regardless of the order listed. If you wish to address the Council during the meeting, please fill out a Speaker Identification Sheet and give it to the City Clerk. When you are called upon to speak, step forward to the podium and state your name for the record. Normally speakers are limited to five minutes each with 30 minutes being allowed for all comments. Any public comments beyond the initial 30 minutes may be heard at the conclusion of the agenda.

The Mayor has the discretion to lengthen or shorted the allotted times. Alternatively, you may submit your comment by 4:00 p.m. on the meeting day by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City - Council- Meetings - Speaker- Card - 30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection during normal business hours at City Hall, located at 6360 Fountain Square Drive. Audio / Visual presentation material must be provided to the City Clerk's Office at least 48 hours prior to the meeting.

Email subscriptions of the agenda are available online by signing up with the City's Notify Me service.

If you need a disability- related modification or accommodation, to participate in this meeting, please contact the City Clerk ’s Office 916- 725- 2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7- 1 - 1.

September 11, 2024 City Council Agenda Packet
09-11-24 SPECIAL AND REGULAR COUNCIL AGENDA PACKET.PDF
Documents:
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September 11, 2024 City Council Agenda Packet
09-11-24 SPECIAL AND REGULAR COUNCIL AGENDA PACKET.PDF

CALL SPECIAL MEETING TO ORDER

1. Roll Call: Council Members: Lopez- Taff, Middleton, Schaefer, Karpinski- Costa

PUBLIC COMMENT

CLOSED SESSION

2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code 54956.9(d)(4) (1 case)

REPORT OUT OF CLOSED SESSION

ADJOURNMENT

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Of The City Of Citrus Heights Recognizing “Firefighter Appreciation Month” And “California Firefights Memorial Day”

5. Recognition Of Tansu Karademir On The Occasion Of His Appointment As Citrus Heights Postmaster

6. Proclamation Of The City Of Citrus Heights Proclaiming September 15-21, 2024, As “National Forensic Science Week”

PUBLIC COMMENT
Members of the public are entitled to address the City Council concerning any item within the City Council ’s subject matter jurisdiction. Pursuant to the Brown Act, the City Council is prohibited from discussing or acting on any item raised during “Public Comment” not appearing on the posted agenda.

SPECIAL ITEMS

7. Selection Of Mayor And Vice Mayor

8. SUBJECT: City Council Vacancy
STAFF REPORT: A. Van
RECOMMENDATION: Staff recommends the City Council consider and discuss the options for filling the vacant City Council District 1 seat and provide direction to staff

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate diid/titd bCil Mb
Documents:

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.

9. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of August 28, 2024

10. SUBJECT: Regulatory Agreement With Habitat For Humanity Of Greater Sacramento For Sayonara Drive
STAFF REPORT: C. Kempenaar / A. Bermudez / N. Piva
RECOMMENDATION: Adopt Resolution No. 2024- ___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an Affordable Housing Regulatory Agreement with Habitat for Humanity of Greater Sacramento (HFHGS) for the Sayonara Housing Project

PUBLIC HEARINGS

11. SUBJECT: Zoning Code Updates
STAFF REPORT: C. Kempenaar / A. Bermudez / S. Lui
RECOMMENDATION: Staff recommends the following:
a. Move to determine the proposed amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the Guidelines; and
b. Move to introduce for first reading, read by title only and waive the full reading of Ordinance No. 2024- ___ An Ordinance of the City Council of the City of Citrus Heights amending various sections of Chapter 106 of the Citrus Heights Municipal Code (Zoning Code Section)

REGULAR CALENDAR

12. SUBJECT: Approval Of Economic Development Support Fund Grant Request By The Citrus Heights Chamber Of Commerce
STAFF REPORT: M. Huber
RECOMMENDATION: Adopt Resolution No. 2024- ___ A Resolution of the City Council of the City of Citrus Heights, Approving a $25,000 Grant to the Citrus Heights Chamber of Commerce from the Economic Development Support Fund

13. SUBJECT: Ordinance Of The City Council Of The City Of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 To 50-508
STAFF REPORT: K. Frey / W. Herman / R. Jones
RECOMMENDATION: The City Council now has the following options for consideration:
50-508
STAFF REPORT: K. Frey / W. Herman / R. Jones
RECOMMENDATION: The City Council now has the following options for consideration:
a. Conduct the second reading and adopt Ordinance No. 2024- ___ An Ordinance of the City Council of the City of Citrus Heights Amending Chapter 50, Article III of the Citrus Heights Municipal Code Relating to Camping b. Discuss the proposed ordinance and if the City Council makes any substantive changes to the ordinance, conduct another first reading of Ordinance No. 2024- ___ An Ordinance of the City Council of the City of Citrus Heights Amending Chapter 50, Article III of the Citrus Heights Municipal Code Relating to Camping

14. SUBJECT: Designation Of Voting Delegate And Alternate(S) For The League Of California Cities Annual Conference
STAFF REPORT: A. Van
RECOMMENDATION: Staff recommends the following:
a. Move to designate a voting delegate and up to two alternates to participate at the Annual Business Meeting on October 18, 2024 during the League of California Cities (Cal Cities) Annual Conference b. Review and give direction on the proposed 2024 Cal Cities resolution to be presented during the Annual Business Meeting

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
Printed on Recycled Paper
City Council meetings take place in
the City Hall Council Chambers.

Vacant, Mayor
Dr. Jayna Karpinski-Costa, Vice Mayor
MariJane Lopez-Taff, Council Member
Porsche Middleton, Council Member
Tim Schaefer, Council Member

CITY OF CITRUS HEIGHTS

CITY COUNCIL
Special and Regular Meeting of Wednesday, September 11, 2024 City Hall Council Chambers, 6360 Fountain Square Dr., Citrus Heights, CA Special Meeting 5:00 p.m.

Regular Meeting 6:00 p.m.

HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process. The Council may take up any agenda item at any time, regardless of the order listed. If you wish to address the Council during the meeting, please fill out a Speaker Identification Sheet and give it to the City Clerk. When you are called upon to speak, step forward to the podium and state your name for the record. Normally, speakers are limited to five minutes each with 30 minutes being allowed for all comments. Any public comments beyond the initial 30 minutes may be heard at the conclusion of the agenda. The Mayor has the discretion to lengthen or shorten the allotted times. Alternatively, you may submit your comment by 4:00 p.m. on the meeting day by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City-Council-Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection during normal business hours at City Hall, located at 6360 Fountain Square Drive. Audio/Visual presentation material must be provided to the City Clerk’s Office at least 48 hours prior to the meeting. Email subscriptions of the agenda are available online by signing up with the City’s Notify Me service.

The City provides three ways to watch a City Council meeting.

IN PERSON ONLINE ON TELEVISION
If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.

September 6, 2024
_______________________
Amy Van, City Clerk
Watch the livestream and replay past
meetings on the City website.

Watch live and replays of meetings
on Sac Metro Cable, Channel 14.

Agenda Packet Page 1
Citrus Heights City Council Wednesday, September 11, 2024

Printed on Recycled Paper

SPECIAL CITY COUNCIL MEETING
5:00 PM

CALL SPECIAL MEETING TO ORDER

1. Roll Call: Council Members: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa

PUBLIC COMMENT

CLOSED SESSION

2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code 54956.9(d)(4) (1 case)

REPORT OUT OF CLOSED SESSION

ADJOURNMENT

REGULAR CITY COUNCIL MEETING
6:00 PM

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation of the City of Citrus Heights Recognizing “Firefighter Appreciation Month” and “California Firefights Memorial Day”

5. Recognition of Tansu Karademir on the Occasion of His Appointment as Citrus Heights Postmaster

6. Proclamation of the City of Citrus Heights Proclaiming September 15-21, 2024, as “National Forensic Science Week”

PUBLIC COMMENT
Members of the public are entitled to address the City Council concerning any item within the City Council’s subject matter jurisdiction. Pursuant to the Brown Act, the City Council is prohibited from discussing or acting on any item raised during “Public Comment” not appearing on the posted agenda.

Agenda Packet Page 2
Citrus Heights City Council Wednesday, September 11, 2024

Printed on Recycled Paper

SPECIAL ITEM

7. Selection of Mayor and Vice Mayor

8. SUBJECT: City Council Vacancy
STAFF REPORT: A. Van
RECOMMENDATION: Staff recommends the City Council consider and discuss the options for filling the vacant City Council District 1 seat and provide direction to staff

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.

9. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of August 28, 2024

10. SUBJECT: Regulatory Agreement with Habitat for Humanity of Greater Sacramento for Sayonara Drive
STAFF REPORT: C. Kempenaar / A. Bermudez / N. Piva
RECOMMENDATION: Adopt Resolution No. 2024-___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an Affordable Housing Regulatory Agreement with Habitat for Humanity of Greater Sacramento (HFHGS) for the Sayonara Housing Project

PUBLIC HEARINGS

11. SUBJECT: Zoning Code Updates
STAFF REPORT: C. Kempenaar / A. Bermudez / S. Lui
RECOMMENDATION: Staff recommends the following:
a. Move to determine the proposed amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the Guidelines; and b. Move to introduce for first reading, read by title only and waive the full reading of Ordinance No. 2024-___ An Ordinance of the City Council of the City of Citrus Heights amending various sections of Chapter 106 of the Citrus Heights Municipal Code (Zoning Code Section)

REGULAR CALENDAR

12. SUBJECT: Approval of Economic Development Support Fund Grant Request by the Citrus Heights Chamber of Commerce
STAFF REPORT: M. Huber
RECOMMENDATION: Adopt Resolution No. 2024-___ A Resolution of the City Council of the City of Citrus Heights, Approving a $25,000 Grant to the Citrus Heights Chamber of Commerce from the Economic Development Support Fund
Agenda Packet Page 3
Citrus Heights City Council Wednesday, September 11, 2024

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13. SUBJECT: Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508 STAFF REPORT: K. Frey / W. Herman / R. Jones
RECOMMENDATION: The City Council now has the following options for consideration:
a. Conduct the second reading and adopt Ordinance No. 2024-___ An Ordinance of the City Council of the City of Citrus Heights Amending Chapter 50, Article III of the Citrus Heights Municipal Code Relating to Camping
b. Discuss the proposed ordinance and if the City Council makes any substantive changes to the ordinance, conduct another first reading of Ordinance No. 2024-___ An Ordinance of the City Council of the City of Citrus Heights Amending Chapter 50, Article III of the Citrus Heights Municipal Code Relating to Camping

14. SUBJECT: Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference
STAFF REPORT: A. Van
RECOMMENDATION: Staff recommends the following:
a. Move to designate a voting delegate and up to two alternates to participate at the Annual Business Meeting on October 18, 2024 during the League of California Cities (Cal Cities) Annual Conference
b. Review and give direction on the proposed 2024 Cal Cities resolution to be presented during the Annual Business Meeting

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
Agenda Packet Page 4
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE: September 11, 2024
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FROM: Amy Van, City Clerk
SUBJECT: City Council Vacancy
Summary and Recommendation
Mayor Bret Daniels was elected to the Citrus Heights City Council to represent District 1 in November 2016 and re-elected in 2020 with his current term expiring in December 2024. Mayor Daniels recently announced that he will be moving out of state and will be unable to serve the remainder of his second term. The effective date of his resignation is August 31, 2024, which has created a vacant Council seat in District 1.

Staff recommends the City Council consider and discuss the options for filling the vacant City Council District 1 seat and provide direction to staff.

Fiscal Impact
A General Municipal Election will be held on November 5, 2024, for the election of two members of the City Council representing Districts 1 and 3. Funds were budgeted in the Fiscal Year 2024/2025 budget for election activities.

Background and Analysis
California Government Code § 36512 sets forth the procedures in the event of a City Council vacancy and states the City Council shall, within 60 days from the commencement of the vacancy, either:

1. Fill the vacancy by appointment, or

2. Call a special election to fill the vacancy.

Government Code § 36512 further states that if the City Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. Citrus Heights’ next regularly established election is ITEM 8 Agenda Packet Page 5
Subject: City Council Vacancy
Date: September 11, 2024

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the General Municipal Election on November 5, 2024, for the purpose of electing two councilmembers, representing Districts 1 and 3. Since the vacant District 1 seat is already scheduled to be filled at the November 5, 2024 election, it is not necessary for the City Council to call a special election for this purpose. Mayor Daniels’ seat would remain vacant until a new council member for District 1 was elected to a full four-year term.

If the City Council desires to fill the vacancy by appointment, the appointment must be made no later than October 30. The application and interview process would be conducted within a very short timeframe and the person appointed would only hold office until the December 11, 2024 Council meeting, at which time the successful District 1 candidate from the November 5, 2024 election would be seated. There would be additional staff time to orient a new Council Member on the various departments, programs and functions. The Council may consider implementing the following process if they desire to fill the vacancy by appointment:

Date Action
September 12, 2024 Post an application on the City’s website and City Hall September 12 – September 20 Filing period for applications September 20 Applications would be sent to Council for review Not later than October 30 The City Council would hold a special meeting to interview applicants and make a selection.

ITEM 8 Agenda Packet Page 6
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CITY OF CITRUS HEIGHTS

CITY COUNCIL

MINUTES
Regular Meeting of Wednesday, August 28, 2024
City Hall Council Chambers, 6360 Fountain Square Dr., Citrus Heights, CA

CALL REGULAR MEETING TO ORDER
The regular meeting was called to order at 6:04 p.m. by Mayor Daniels.

1. The flag salute was led by Barry Broome.

2. Roll Call: Council Members present: Lopez-Taff, Schaefer, Karpinski-Costa, Daniels Council Members absent: Middleton
Staff Members present: Feeney, Herman, Huber, Jones, Kempenaar, Poole Van, Turcotte and department directors

3. The video statement was read by City Clerk Van.

APPROVAL OF AGENDA
ACTION: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council approved the agenda.

AYES: Lopez-Taff, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: Middleton

PRESENTATIONS

4. Proclamation of the City of Citrus Heights Recognizing Mayor Bret Daniels for His Service to the City of Citrus Heights
Vice Mayor Karpinski-Costa read and presented the proclamation to Mayor Daniels.

Public Comment
John Kane expressed gratitude for Mayor Daniels’ service and friendship.

Alfred Sanchez thanked Mayor Daniels for having open dialogue.

Alberto Ayala, Executive Director of the Sacramento Metropolitan Air Quality Management District, acknowledged on behalf of the agency Mayor Daniels’ participation and engagement during their Board meetings.

5. Presentation by Council Member Schaefer – Sacramento Area Council of Governments Denver Meeting
ITEM 9 Agenda Packet Page 7
Citrus Heights City Council Wednesday, August 28, 2024

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Council Member Schaefer shared details from his June 2024 trip to Denver, Colorado where Sacramento Area Council of Governments (SACOG) met with Denver Regional Council of Governments. Council Member Schaefer toured the Belmar Mall and presented a case study for the mall’s redevelopment. He shared comparisons of Belmar Mall, pre-redevelopment, with Sunrise Mall which are similar in use, size age, and challenges. He explained the transformation of the Belmar Mall into a mixed-use area of retail, residential, and other amenities has led to economic growth, including increased property values. He compared the income and cost of living demographics of Citrus Heights to Lakewood, Colorado where the project is located. He recommended the City Council visit the Belmar Mall as a model to see what Sunrise Tomorrow could be.

PUBLIC COMMENT
David Shelton spoke on Code Enforcement concerns regarding residential parking, maintenance on cars in driveways, and storage of cars on private property. He questioned what Code Enforcement does when the property owners are nonresponsive.

City Clerk Van read the following written public comment submitted by Sarah Truelove, “What can we do to provide a solution to enforcing driving laws and safety concerns with elementary school parent drop off/pick-up?”
City Clerk Van read the following written public comment submitted by Rick Hodgkins, “I tried opening up the sunrise tomorrow.net website, to check out the most latest updates and that, unfortunately, cannot open the window. The website will not open up for some strange weird reason. I think the website might be down. Furthermore, I did look at it on the Citrus Heights City main website. And that while I am impressed by it, I cannot stress enough, that we must keep the indoor portion of the mall. That’s all I’m asking! The indoor portion, so people have a place to go when the weather is not so good , if it’s cold, raining and windy outside! And that will we no longer have a JCPenney’s or Macy’s? I understand Sears went on a business and that therefore they only allow you to shop at their online store. Does this mean we will no longer have a JCPenney or Macy’s? is this going to be like the birdcage town center across the street? I just feel that if we had an indoor space that was heated, that would make me feel much more comfortable about the project keeping the inside of the mall and designing all the entertainment, Hotels, restaurants, etc. designing them away where people can enter them from both the inside and outside. I’m glad to see that the plan is flexible. But I’m still worried that there will no longer be a nice and warm place to go in and hang out. And you can’t just go into a place unless you’re gonna do business there , a hotel, restaurant and store!”
City Clerk Van read the following written public comment regarding Consent Calendar Item 8 submitted by Rick Hodgkins, “I realize that this is on consent. I will be reluctantly voting for this come November. I say, right print reluctantly (because it has been my experience, not everybody does drugs for the same reason. Some people engage in drug activity, as a way to cope, with being homeless, and being homeless, we know, could be no fault of their own. It could be, because the rent was too high, and that they could no longer afford it, they were in the middle of a battle of a divorce and so they were the party to leave the residence , or that they lost their job and that that job was the only source of income to pay the rent. And so as a result, that they became homeless and how did they cope, they turned to drugs.

Those are the people who I would like to see get help! But for those who are doing drugs for particularly no reason other than to get high, I will be supporting this as I said come November !” ITEM 9 Agenda Packet Page 8
Citrus Heights City Council Wednesday, August 28, 2024

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Mayor Daniels requested Item 10 be presented prior to Comments by Council Members and Regional Board updates.

10. SUBJECT: Economic Development Support Fund Allocation for Annual Agreement with the Greater Sacramento Economic Council
STAFF REPORT: M. Huber
RECOMMENDATION: Adopt Resolution No. 2024-088, A Resolution of the City Council of the City of Citrus Heights Approving an Agreement between the Greater Sacramento Economic Council and the City of Citrus Heights in an Amount Not to Exceed $34,335 for FY 2024-2025 Economic Development and Community Engagement Director Huber introduced the item.

Barry Broome, CEO of Greater Sacramento Economic Council (GSEC), provided an overview of the organization’s local economic impact. When the organization launched, the region was the second worst place in the United States for a young person to find a job. Getting universities embedded into the economy and bringing CEOs and public leaders together for one driving mission behind what they are doing has led to economic success. In 2024, the Sacramento Region is now top performing at #4 for job growth in the United States.

City Clerk Van read the following written public comment submitted by Rick Hodgkins, “I rise and support of this, because in addition to drawing in more businesses to the city, I believe that this will hopefully allow us to improve our beautification efforts, as well as our sidewalks and streetscapes.” ACTION: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council adopted Resolution No. 2024-088, A Resolution of the City Council of the City of Citrus Heights Approving an Agreement between the Greater Sacramento Economic Council and the City of Citrus Heights in an Amount Not to Exceed $34,335 for FY 2024-2025.

AYES: Lopez-Taff, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: Middleton

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
Council Member Lopez-Taff attended a Sacramento Public Library board meeting. She attended the Citrus Heights Chamber Elected Officials Reception. She attended the Citrus Heights Veterans Community Center Luau fundraiser event.

Council Member Schaefer revisited the Belmar Mall in Denver, Colorado. He attended a Sacramento Area Council of Governments meeting.

Vice Mayor Karpinski-Costa attended a Quality of Life Committee meeting. She went to the swearing-in ceremony for Citrus Heights Postmaster Tansu Karademir. She attended a Sacramento-Yolo Mosquito & Vector Control District meeting. She attended the Citrus Heights Chamber Elected Officials Reception.

She substituted for Mondays with the Mayor. She attended a Neighborhood Area 10 meeting.

Mayor Daniels announced he is moving to Kentucky.

ITEM 9 Agenda Packet Page 9
Citrus Heights City Council Wednesday, August 28, 2024

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CONSENT CALENDAR

6. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of August 14, 2024

7. SUBJECT: Approval of Amendment No. 03 to the Wyatt Ranch Subdivision Improvement Agreement and Amendment No. 02 to the Mitchell Farms Subdivision Improvement Agreement STAFF REPORT: R. Cave / L. Blomquist
RECOMMENDATION: Staff recommends the following:
a. Adopt Resolution No. 2024-084, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 03 for the Subdivision Improvement Agreement for the Wyatt Ranch Subdivision b. Adopt Resolution No. 2024-085, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 02 for the Subdivision Improvement Agreement for the Mitchell Farms Subdivision

8. Pulled for discussion.

ACTION: On a motion by Vice Mayor Karpinski-Costa, seconded by Mayor Daniels, the City Council adopted Consent Calendar Items 6 and 7.
.

AYES: Lopez-Taff, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: Middleton

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION

8. SUBJECT: Resolution Supporting California Proposition 36 “Increase Drug and Theft Penalties and Reduce Homelessness”
STAFF REPORT: A. Van
RECOMMENDATION: Adopt Resolution No. 2024-086, A Resolution of the City Council of the City of Citrus Heights, California, Supporting California Proposition 36 “Increase Drug and Theft Penalties and Reduce Homelessness”
Vice Mayor Karpinski-Costa pulled Item 8 for comment.

ACTION: On a motion by Vice Mayor Karpinski-Costa, seconded by Council Member Lopez-Taff, the City Council adopted Resolution No. 2024-086, A Resolution of the City Council of the City of Citrus Heights, California, Supporting California Proposition 36 “Increase Drug and Theft Penalties and Reduce Homelessness”.

AYES: Lopez-Taff, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: Middleton
ITEM 9 Agenda Packet Page 10
Citrus Heights City Council Wednesday, August 28, 2024

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REGULAR CALENDAR

9. SUBJECT: Resolution Approving a Grant Recipient Agreement with Hope Cooperative to Provide Permanent Supportive Housing for Seniors at the Auburn Oaks Project STAFF REPORT: C. Kempenaar / N. Piva
RECOMMENDATION: Adopt Resolution No. 2024-087, A Resolution of the City of Citrus Heights, California, Authorizing the City Manager to Execute a Grant Recipient Agreement between the City of Citrus Heights and TLCS, Inc dba Hope Cooperative for the Auburn Oaks Project
Community Development Director Kempenaar recalled this item was presented at the August 14, 2024 City Council meeting and in response to a number of questions raised by the City Council, the item was brought back to take a deeper dive and present new information. He recounted that Hope Cooperative received a $30,000,000 grant to remodel the existing Auburn Oaks Senior Apartments into Permanent Supportive Housing for seniors. Hope Cooperative requested $50,000 in City funding to fill a funding gap.

The project is restricted to seniors 55+, affordable to residents on Social Security income, includes 24- hour management and supportive services, and 20 existing Citrus Heights residents will remain after the project is remodeled. The City’s contribution would come from Permanent Local Housing Allocation Program (PLHA) funds. The project will also consist of 88 units for at-risk seniors and a full rehabilitation of the building and site. Hope Cooperative will provide case management services and wrap around services, and a professional property management firm will be on site 24 hours/day, 7 days/week.

Residents will be referred from partner agencies. The project is not a homeless shelter nor conducive to families and will no longer be market rate housing. The project will address strategic objectives of preserving and enhancing public safety as well as enhancing community vibrancy and engagement and is in line with the General Plan goals to ensure availability of housing for lower income households and preserve government-assisted units that are at risk of conversion to market rate.

City Manager Feeney commented the project is a great opportunity for community image and public safety. With the City’s contribution, it gives us some local control relative to the unit mix of residents that would be more advantageous to the City.

City Council questions and comments followed.

Community Development Director Kempenaar and City Manager Feeney responded to questions.

Public Comment
City Clerk Van read the following written public comment submitted by Rick Hodgkins, “Happy to see it is back for continued discussion and for a possible vote! If I remember this correctly, based on my own interpretations, even though this is an apartment community for people with mental illness, that this is for senior citizens 55 and older. another words, nobody younger than 55 can live there. I cannot comment on that weather there are grandchildren living with them or not. All I can say, is that if I remember what was being interpreted by Hope cooperative/TLC S, is that this particular apartment community is catered to, geared towards and designed for seniors 55 and older, that who have a mental illness. I highly doubt that you will find people at that age causing any trouble. I know it was the old 70s tune goes, “bad apple don’t spoil the whole bunch.” let’s just make sure that we keep it that way and only advertise it to that age group, that age population.”
ITEM 9 Agenda Packet Page 11
Citrus Heights City Council Wednesday, August 28, 2024

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ACTION: On a motion by Council Member Schaefer, seconded by Vice Mayor Karpinski-Costa, the City Council adopted Resolution No. 2024-087, A Resolution of the City of Citrus Heights, California, Authorizing the City Manager to Execute a Grant Recipient Agreement between the City of Citrus Heights and TLCS, Inc dba Hope Cooperative for the Auburn Oaks Project.

AYES: Lopez-Taff, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: Middleton

10. Item 10 was discussed earlier on the agenda.

11. SUBJECT: Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508 STAFF REPORT: K. Frey / W. Herman / R. Jones
RECOMMENDATION: Move to introduce the first reading, read by title only and waive the full reading of Ordinance No. 2024-___, An Ordinance of the City Council of the City of Citrus Heights Amending Chapter 50, Article III of the Citrus Heights Municipal Code Relating to Camping
Police Lieutenant Herman presented a proposal to amend Municipal Code Chapter 50 related to camping. He highlighted key updates including expanded definitions of camping facilities to include vehicles, and unlawful camping to be enforced on both public and private property. On private property, the camping would be limited to 72 hours with owner’s written consent at a maximum of three times per year. He summarized the purpose of the revisions are to align with recent legal updates, enhance public safety and reduce blight. The revisions are expected to reduce the burden on the General Services Department by minimizing debris cleanup from unlawful campers.

City Council questions and comments followed.

Police Lieutenant Herman, Police Chief Turcotte and City Manager Feeney responded to questions.

Public Comment
Alfred Sanchez asked that any decisions made regarding homelessness be clear. He requested passenger vehicles be excluded from the camping definition.

ACTION: On a motion by Council Member Schaefer, seconded by Vice Mayor Karpinski-Costa, the City Council introduced the first reading, read by title only and waived the full reading of Ordinance No. 2024- ___, An Ordinance of the City Council of the City of Citrus Heights Amending Chapter 50, Article III of the Citrus Heights Municipal Code Relating to Camping, with a modification to Section 50-501 “Definitions” of the ordinance to include an exemption for passenger vehicles that are legally licensed, registered and insured.

AYES: Schaefer, Karpinski-Costa, Daniels
NOES: Lopez-Taff
ABSENT: Middleton
ITEM 9 Agenda Packet Page 12
Citrus Heights City Council Wednesday, August 28, 2024

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DEPARTMENT REPORTS

12. SUBJECT: Neighborhood Cleanup Program Update
DEPARTMENT: General Services
Operations Manager Poole provided an overview of the current residential Neighborhood Clean Up program (NCU) which was established in 2006. The program is a three times per year service with a set schedule provided on a street-by-street basis. Customers receive a doorhanger notice 7 days in advance of the scheduled pick-up date and directs that materials are to be set out no more than 48 hours in advance of the collection date, but residents can set out materials as soon as they get the doorhanger.

Program challenges over the years include blight, construction conflicts, illegal dumping, holidays and gatherings concerns, scavenging, street sweeping conflicts, and weather impacts. Program concerns were discussed with the Quality of Life Committee and they explored options including shifting to an oncall, appointment based program and reducing the allowed time out for collection. The Committee recommended conducting a flash vote for additional community input which showed 90% of respondents use the service and the majority want the program to stay. Respondent recommendations for improvement include enforcing the 48-hour set out requirement and encouraging neighbors to report early piles. Staff recommend modifications to expand on those and include options for a contract manager to approve customized requirements in certain areas such as arterials, HOAs, gated communities, and mobile home communities. With City Council approval, the next steps would be to bring back a resolution updating the program guidelines and amend the Republic Services agreement.

City Council questions and comments followed.

Operations Manager Poole responded to questions.

CITY MANAGER ITEMS
City Manager Feeney announced the Planning Commission approved housing entitlements for 26 new single-family homes on Sayonara Drive as part of a partnership between the City and Habitat for Humanity of Greater Sacramento. The Project is set to begin in October 2024 with construction anticipated to be complete in 2027. He highlighted save the dates including Football Game Community Night at Mesa Verde High School on August 30, the 15th Annual Multicultural Business and Career Expo at the Citrus Heights Community Center on September 5, the American Legion Post 637 2024 Battle of the Bands & BBQs, and Sunday Funday on September 22. Josh Hoover will host a community meeting at City Hall on September 9 at 6:00 p.m. He announced City Hall will be closed on Monday, September 2 in observance of Labor Day.

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS Council Member Schaefer requested a future agenda item to conduct a ballistic rating on the dais and examining the cost of doing such. Mayor Daniels supported the request.

ADJOURNMENT
Mayor Daniels adjourned the meeting at 8:46 p.m. in honor of City Staff.

Respectfully submitted,
ITEM 9 Agenda Packet Page 13
Citrus Heights City Council Wednesday, August 28, 2024

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__________________________
Amy Van, City Clerk
ITEM 9 Agenda Packet Page 14
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE: September 11, 2024
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FROM: Casey Kempenaar, Community Development Director
Alison Bermudez, Senior Planner
Nicole Piva, Housing & Human Services Program Coordinator SUBJECT: Regulatory Agreement with Habitat for Humanity of Greater Sacramento for Sayonara Drive
Summary and Recommendation
Staff recommends the City Council adopt Resolution No. 2024-___ Authorizing the City Manager to Execute an Affordable Housing Regulatory Agreement with Habitat for Humanity of Greater Sacramento (HFHGS) for the Sayonara Housing Project. The Agreement will obligate HFHGS to sell each of the 26 new housing units at an affordable sales price to persons or families of low income (initial buyer and any subsequent buyers) for a 30-year period.

City Council Strategic Goal/Objective
This staff report aligns with the following Citrus Heights City Council Strategic Plan Objectives:

Goal: Maintain and Enhance Fiscal Stability
Objective: Present to the City Council a Purchase and Sale Agreement and Funding Plan for the redevelopment of the Sayonara Properties.

Fiscal Impact
There is no fiscal impact with the execution of the Regulatory Agreement. The property is currently owned by the City of Citrus Heights and will transfer to Habitat for Humanity as part of the City’s contribution towards the project. Once the homes are completed and sold, the City will receive its portion of property taxes generated by the properties.

ITEM 10 Agenda Packet Page 15
Subject: HFHGS Regulatory Agreement
Date: September 11, 2024

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HFHGS provides majority of the funding for the $9 million project. The City’s partnership, as agreed upon in the 2023 Memorandum of Understanding (MOU) includes donation of land, permit fee waivers and cash contributions totaling approximately $2 million. The City’s funds are from a variety of sources including $960,000 Pro-Housing award (PIP) received from the State of California for affordable housing, $608,000 from Permanent Local Housing Allocation (PLHA) and a $360,000 contribution from the City's Affordable Housing Trust Fund. No General Fund money is being utilized for this project.

Background and Analysis
Following the City’s incorporation in 1997, improving the quality of life along Sayonara Drive became a City Council priority. The area received a high number of police service calls as well as many of the housing units were in disrepair and considered uninhabitable. To facilitate improvements, the City’s former Redevelopment Agency began to purchase blighted properties as part of the Sayonara Drive Redevelopment Project. Ultimately, 15 blighted multi-family structures were purchased and demolished, totaling 64 units. These vacant properties remain in the City’s ownership.

In 2009, the City adopted the Sayonara Drive Improvement Strategy and in 2010 adopted the Replacement Housing Plan for the Property Located at Sayonara Drive to comply with California Redevelopment Law. Although much success has been seen on Sayonara Drive with the development of the neighborhood park and community center, the replacement housing requirement has been difficult.

While bringing housing back to Sayonara Drive was a priority, the City struggled to find a development partner, particularly one that would construct ownership housing. In 2020, staff began discussions with HFHGS, a nonprofit organization well-known for providing affordable ownership housing. After meeting with HFHGS on several occasions, the City and HFHGS discussed a partnership with the goal of bringing new housing back to Sayonara Drive and fulfilling the City’s replacement housing obligation. HFHGS’s mission allows qualified families to purchase a home with zero interest equivalent zero down loan through a sweat equity program.

The sweat equity program requires the future owner to volunteer 500 hours towards building their own home (or another home in the project) all in the spirit of instilling pride and a sense of community for the future homeowner.

In March 2023, the City Council authorized the City Manager to execute a Memorandum of Understanding (MOU) with HFHGS, affirming the City’s commitment of funds and land towards the project. The MOU confirmed the new homes would offer ownership opportunities to low-income qualified families.

The development of affordable housing requires the City and the developer to enter into a regulatory agreement defining the terms of affordability and responsibilities of both HFHGS and the future buyers. Some key points in the agreement include the following:
• Homes must remain affordable for a 30-year period, even through change of ownership ITEM 10 Agenda Packet Page 16
Subject: HFHGS Regulatory Agreement
Date: September 11, 2024

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• 20 homes will be sold to buyers with incomes of less than 80% of Area Median Income (AMI) and 6 units to those of less than 50% AMI.
• Each property will have long-term oversight from HFHGS with Covenants, Conditions, and Restrictions (CC&Rs) (Exhibit B).

The review of Regulatory Agreement is following the Planning Commission’s review and approval of the project on August 27, 2024. At that hearing, the Commission reviewed and approved the entitlements necessary including a subdivision map creating the 26 individual parcels and exterior design, colors, and materials for the new homes. A representation of the street is shown below as Figure 1.

Figure 1:

The Project and execution of the Regulatory Agreement is consistent with several policies listed in the City’s General Plan, including:
• Policy 25.1: Promote development of a variety of housing types in terms of location, cost, design, style, type, and tenure, while ensuring compatibility with adjacent land uses. • Policy 25.4: Support a variety of housing opportunities on vacant or under-utilized lands. • Policy 28.7-Action C: Continue to use density bonuses, federal funds and other available resources to promote housing opportunities, especially for low-income persons and those with special needs, including development disabilities.

This Project will leverage private investment along with the local, state, and federal funds to provide needed affordable housing opportunities on land that is currently vacant.

ITEM 10 Agenda Packet Page 17
Subject: HFHGS Regulatory Agreement
Date: September 11, 2024

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Attachments
Attachment 1: Resolution No. 2024-___ Resolution of the City Council of the City of Citrus Heights, California Authorizing the City Manager to Execute an Affordable Housing Regulatory Agreement with Habitat for Humanity of Greater Sacramento for the Sayonara Housing Project
Exhibit A: Regulatory Agreement
Exhibit B: Covenants, Conditions and Restrictions
ITEM 10 Agenda Packet Page 18
RESOLUTION NO. 2024-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFORDABLE

HOUSING REGULATORY AGREEMENT WITH HABITAT FOR HUMANITY OF

GREATER SACRAMENTO FOR THE SAYONARA HOUSING PROJECT
WHEREAS, on March 23, 2023, the Citrus Heights City Council entered into a Memorandum of Understanding with Habitat for Humanity of Greater Sacramento supporting the development of 26 affordable ownership housing units on Sayonara Drive;
WHEREAS, the new homes will fulfill the City’s obligation for replacement housing from units the City demolished in 2009 – 2010;
WHEREAS, in exchange for the City’s contribution towards the project, Habitat for Humanity of Greater Sacramento will provide affordable housing for income qualified persons and families for a minimum of 30 years;
WHEREAS, the new homes will be sold to buyers of lower incomes including no less than 20 homes to those persons or families with incomes less than 80 percent of area median income and six units to those of less than 50 percent area median income; WHEREAS, the previously executed Memorandum of Understanding shall be amended to be consistent with the Regulatory Agreement; and
WHEREAS, the Affordable Housing Agreement will outline the roles and responsibilities of the City of Citrus Heights, Habitat for Humanity of Greater Sacramento and the buyers of each of the housing units.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED the City Council of the City of Citrus Heights hereby authorizes the City Manager to review, amend and execute an Affordable Housing Agreement and amend a previously executed Memorandum of Understanding with Habitat for Humanity for the development of 26 affordable single-family units on Sayonara Drive.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 11th day of September 2024 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
___________________________________
____________________, Mayor
Attachment 1
ITEM 10 Agenda Packet Page 19
ATTEST:

Amy Van, City Clerk
Exhibits
a. Affordable Housing Regulatory Agreement
b. CC&Rs
ITEM 10 Agenda Packet Page 20
NO FEE DOCUMENT:

Entitled to free recording
per Government Code
27383. When recorded,
return to:

CITY OF CITRUS HEIGHTS
6360 Fountain Square Drive,
Citrus, Heights, CA 95621

REGULATORY AGREEMENT FOR DEVELOPMENT OFHOMEOWNERSHIP PROPERTY

INCLUDING COVENANTS, CONDITIONS AND RESTRICTIONS RUNNING WITH THE LAND
PROJECT NAME: Sayonara Drive, a Habitat for Humanity of Greater Sacramento Project

PROJECT
ADDRESSES:

Sayonara Drive, Citrus Heights, CA 95621
Existing: 7795, 7801, 7805, 7809, 7813, 7817,
7821, 7794, 7800, 7804, 7808 and 7824
New: 7791, 7793, 7797, 7799, 7803, 7807,
7811, 7815, 7819, 7796, 7802, 7806, 7810 and
7822
EFFECTIVE DATE:

APNs: Existing New
243-0275-013-0000 (To be completed
243-0275-003-0000 Following issuance of
243-0281-021-0000 APNS from
243-0281-020-0000 Sacramento County
243-0281-019-0000 Recorders Office)
243-0281-016-0000
243-0281-015-0000
243-0276-002-0000
243-0276-003-0000
243-0276-004-0000
243-0276-005-0000
243-0282-004-0000
NOTICE: THISREGULATORY AGREEMENTIMPOSES COVENANTS, CONDITIONS AND RESTRICTIONON THE

PROPERTY WHICH STAY WITH THE PROPERTY FOR MANY YEARS, INCLUDING RESTRICTIONS ON THE RESALE PRICE AND THE USE AND MAINTENANCE OF THE PROPERTY.

Exhibit A
ITEM 10 Agenda Packet Page 21

FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS ACKNOWLEDGED, CITY AND OWNER HAVE ENTERED THIS REGULATORY AGREEMENT AS OF THE EFFECTIVE DATE.

1.GENERAL. This Regulatory Agreement incorporates the Exhibits which are attached to this Regulatory Agreement.

2.DEFINITIONS. The capitalized terms in this Regulatory Agreement shall have the meanings assigned in the following Definitions Table and as defined in the body of the Regulatory agreement, which terms being defined are indicated by quotation marks.

TERM DEFINITION
“Effective Date” This Regulatory Agreement shall be effective as of the following date:
“Agency” City of Citrus Heights
“Developer” Habitat for Humanity of Greater Sacramento, Inc. “Agency Address” Agency’s business address is as
follows:
6360 Fountain Square Drive, Citrus Heights, CA
95621
“Developer
Address”
Developer’s business address is as
follows: 819 North 10th Street, Sacramento, CA 95811
“Jurisdiction” City of Citrus Heights
“Property”
That certain real property which is subject to this Regulatory Agreement as further described in the legal description, attached as Exhibit 1 – Legal Description of the Property. “Funding
Agreement”
The Funding Agreement between Agency and
Developer, named and dated as follows:

Funding Agreement to provide PHLA and
other sources to cover certain development
expenses of the Project
“Agency Funding” Agency Funding made by Agency to Developer under the Funding Agreement for development of the Property
“Agency
Funding Amount
“
The total amount of Agency Funding, as follows:
“Project
Development
Funds”
The total of all funds expended to develop the Project, including without limitation costs of predevelopment and construction.
“Restricted Units”
The individual housing parcels within the Property that are encumbered by this Regulatory Agreement with affordability restrictions that limit the price for which each may be sold and resold. The units shall be restricted for the period of 30 years. “Individual
Regulatory
Agreement”
The agreement containing conditions, covenants and restrictions running with the land and restricting the use and resale of the Restricted Units as provided in this Regulatory Agreement, the form of which is attached as Exhibit 2 – Individual Regulatory Agreement.
“Approved Use”
The only permitted use of the Property, which is as a residential property available for sale to the general public and containing not less than the following number of units:
26 Single Family
Half-Plex Homes
ITEM 10 Agenda Packet Page 22

3.RESTRICTED UNITS: The following units are Restricted Units for the respective Funding Source or Funding Sources specified. The initial sales price for the respective Restricted Units is the appraised value of the unit as determined by a third party licensed appraiser. a.If the applicable Sacramento Metropolitan Statistical Area median income is adjusted by the federal Department of Housing and Urban Development prior to the sale of a Restricted Unit or if other factors considered in making the determination of the following prices (in accordance with Agency policy and practice) change prior to the sale of a Restricted Unit, then the following schedule shall be adjusted to assure compliance with the Funding Requirements as of the date when the Restricted Unit is sold (and the new schedule recorded in the same manner as the original).
b.For purposes of this Regulatory Agreement, the first Mortgage provided by the Developer shall be Affordable such that the sum of the annual principal payments of the first mortgage, property taxes and insurance shall not exceed 30% of the Buyers annual income.

Affordability
Level
Number of
Units
Max. 80% AMI 20
Max. 50% AMI 6

4.NO RENTAL. Developer shall not rent the Restricted Units.

5.RECAPTURE. If Developer rents a Restricted Unit without Agency authorization or sells a Restricted Unit at a price that exceeds the appraised value of the unit as determined by a third party licensed appraiser, Developer shall repay to Agency, as “Recapture”, all of Agency Funding allocable to the Restricted Unit, plus interest from the date of this Regulatory Agreement until paid, at the then market rate for construction loans for projects similar to the Project, as reasonably determined by Agency.

6.TERMINATION OF COVENANTS. If Agency is paid the Recapture of Agency Funding allocable to a particular Restricted Unit, the covenants, conditions and restrictions contained in this Regulatory Agreement shall terminate in respect to that particular Restricted Unit, except as to covenants which provide otherwise, including without limitation, the covenant against discrimination, all of which continue in effect.

7.REPRESENTATIONS. Agency has provided Agency Funding, subject to the terms of the Funding Agreement, in consideration of the property interests conveyed to Agency under this Regulatory Agreement. The funds used by Agency under the Funding Agreement are funds from public funding sources administered by Agency and their use is subject to certain requirements, some of which are embodied in this Regulatory Agreement. Further, Agency has made Agency Funding in accordance with the laws, rules and regulations to which Agency is subject. This Regulatory Agreement represents a portion of this entire transaction. Therefore, Agency has made Agency Funding conditioned upon Owner’s agreement, for itself and its successors and assigns, to comply with all provisions of this Regulatory Agreement, including without limitation, the Funding Agreement. Owner has had full opportunity to make itself independently familiar with such limitations and restrictions, and Owner accepts them and agrees to comply fully with them.

8.PROHIBITION ON SALE WITHOUT APPROVAL; CONDITION PRECEDENT. Developer is prohibited from selling the Property. including the Restricted Units, unless and until (a) Agency has reviewed and ITEM 10 Agenda Packet Page 23
determined that the sales price complies with the Funding Requirements, (b) that the sales price to be paid by the buyer on sale is equal to the appraised value and the mortgage is affordable as defined in and required by the Funding Source, and (c) that the purchaser of the Property has acknowledge and accepted the Individual Regulatory Agreement. For purposes of determining such compliance, the sales price is amount actually paid to Owner by the purchaser, including all additions or reductions made to the initial purchase price shown in the purchase and sale agreement between Owner and the purchaser. Owner shall receive no consideration for additions or improvements made to the Property, except those improvements (such as the addition of bedrooms) that affect the affordability calculations of the Funding Requirements. Pursuant to Section 9.a below, the foregoing is a condition precedent to any resale of the Property.

9.COVENANTS. Developer makes the following covenants. Unless Developer has received the prior written consent of Agency otherwise, Owner shall fully comply with each and every covenant. Except as otherwise stated in this Regulatory Agreement, the following covenants shall have a term that is the same as the longest term specified in the Funding Requirements.
a.Owner shall comply with the foregoing covenant prohibiting resale without Agency approval. Such compliance is a condition precedent to any such resale. If Owner fails to comply with said covenant, such resale shall be null and void, and the purported purchaser and anyone claiming any interest in the Property on account of such resale, including without limitation trustors and beneficiaries under deeds of trusts or others claiming lien or mortgage interests in the Properties, shall have no interests in or rights regarding the Property.
b.Owner shall use and permit others to use the Property only for the Approved Use. c.Owner shall assure full compliance with the Funding Requirements. d.Owner shall not transfer or encumber any of the Property or permit the conveyance, transfer, or encumbrance of the Property unless such assignee, transferee or encumbrancer has agreed, in writing and in form and substance satisfactory to Agency, to be bound by the terms of this Regulatory Agreement. e.Owner shall not cause and shall not permit expansion, reconstruction, or demolition of any part of improvements on the Property, except as provided by the Funding Agreement. f.Owner shall maintain the Property in good condition and shall keep the Property reasonably free from graffiti and unrepaired vandalism and from accumulation of abandoned property, inoperable vehicles, unenclosed storage, debris, and waste materials.
g.Owner shall not cause and shall not permit discrimination on the basis of sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation in the sale of the Restricted Units to be constructed on the Property. Owner covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation with reference to the selection low income or lower income families approved to purchase the Restricted Units to be constructed on the Property. This covenant against discrimination shall continue in perpetuity.
h.Owner shall assure compliance with the federal Personal Responsibility and Work Opportunity Act ITEM 10 Agenda Packet Page 24
(Public Law 104-193, commonly known as the Welfare Reform Act) prohibiting Agency funding of federal, state or local benefits to persons who are not citizens or qualified aliens as defined in the such act.

10.NATURE OF COVENANTS. The provisions contained in this Regulatory Agreement are covenants which subject and burden the Property, as covenants running with the land. It is intended and agreed that the agreements and covenants provided in the Agreement shall be covenants running with the land and equitable servitudes on the land and that they shall, in any event, and without regard to technical classifications or designation, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, Agency, Agency's successors and assigns, any other governmental entity acting within its authority and any successor in interest to Agency's interest under this Regulatory Agreement against the Owner, its successors and assigns and every successor in interest to all or any part of the Property.

11.TERM. The term of this Regulatory Agreement shall commence on the Effective Date and continue until the terms of all of the covenants have expired or otherwise been terminated.

12.RECORDKEEPING AND REPORTING. Upon written request of Agency, Owner shall promptly provide any additional information or documentation to verify Owner's compliance with the provisions of this Regulatory Agreement. At the written request of Agency, Owner shall, within a reasonable time following receipt of such request, furnish reports and shall give specific answers to questions regarding the condition of the property and their compliance with the Funding Agreement and this Regulatory Agreement.

13.AUDIT AND INSPECTION. The Property and all related plans, books, contracts, records, documents and other related items shall at all times be true and accurate and maintained in reasonable condition for audit and shall be subject to examination by Agency or its agents. The books and accounts of the operations of the Property shall be kept in accordance with generally accepted accounting principles. Owner shall provide Agency access to the Property during reasonable hours for the purpose of reviewing Owner’s compliance with this Regulatory Agreement.

14.INDEMNITY FOR OWNER’S FAILURE TO MEET LEGAL REQUIREMENTS. Owner shall indemnify and hold Agency, its officers, directors, and employees harmless from any and all liability arising from Owner’s failure to comply with the covenants, conditions and restrictions contained in this Regulatory Agreement and its failure to comply with all other laws, rules, regulations and restrictions related to the use of Agency Funding. Without limitation, such indemnity shall include repayment to the appropriate parties of rents or sales proceeds in excess of amounts authorized to be charged and repayment to Agency of the costs of funds and the value of lost opportunities resulting from the required repayment by Agency to the funding source of funds improperly used.

15.CHANGES WITHOUT CONSENT OF OTHERS. Only Agency and its successors and assigns, and Owner and its successors and assigns shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants or restrictions contained in this Agreement. Such changes or termination shall not require the consent of any easement holder, licensee, other mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property.

16.DEFAULT. Upon a breach of any of the provisions of this Regulatory Agreement by Owner, Agency may give written notice of such breach to Owner by registered or certified mail. If such breach is not corrected to the satisfaction of Agency within sixty
ITEM 10 Agenda Packet Page 25
(60) days after the date such notice is mailed or within such further time as Agency may reasonably determine is necessary to correct the breach, and without further notice to Owner, Agency may declare a default under the Agreement, effective on the date of such declaration of default, and upon such default Agency may: (a) take any action then available under the Funding Agreement for a default under the Funding Agreement; (b) apply to any court for specific performance of this Regulatory Agreement, for an injunction against any breach of the Agreement; (c) apply to any court for the appointment of a receiver to take over and operate the Property in accordance with the terms of this Regulatory Agreement; and (d) apply to any court for money damages or for such other relief as may be appropriate. The injury to Agency arising from a default under any of the terms in this Regulatory Agreement would be irreparable, and the amount of damage would be difficult to ascertain. Agency may institute or prosecute in its own name, any suit Agency may consider advisable in order to compel performance of any obligation of any owner to develop and maintain the subject property in conformity with this Regulatory Agreement and to remedy any default of this Regulatory Agreement. Agency may also seek a decree requiring removal of any improvements constructed on the Property which improvements are designed for uses not permitted under this Regulatory Agreement and which improvements are unsuitable only for uses not permitted under this Regulatory Agreement.

The remedies of Agency under this Regulatory Agreement are cumulative. The exercise of one or more of such remedies, including, without limitation, remedies under the Funding Agreement shall not be deemed an election of remedies and shall not preclude the exercise by Agency of any one or more of its other remedies.

17.BINDING SUCCESSORS IN INTEREST. This Regulatory Agreement shall bind and the benefits shall inure to the Owner, its successors in interest and assigns, and to Agency and its successors for the term of this Regulatory Agreement.

18.CONTRADICTORY AGREEMENTS. Owner warrants that it has not, and will not, execute any other agreement with provisions in contradiction or opposition to the provisions of this Regulatory Agreement, and that, in any event, the requirements of this Regulatory Agreement are paramount and controlling as to the rights and obligations stated and supersede any other requirements in conflict with this Regulatory Agreement.

19.ATTORNEYS' FEES. If the services of any attorney are required by any party to secure the performance of this Regulatory Agreement or otherwise upon the breach of default of another party, or if any judicial remedy or mediation is necessary to enforce or interpret any provision of this Regulatory Agreement or the rights and duties of any person in relation to this Regulatory Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of this Regulatory Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. The prevailing party shall mean the party receiving an award in arbitration or a judgment in its favor, unless the award or judgment is less favorable than the best settlement offered in writing in a reasonable manner by the other party, in which case the prevailing party is the party making such settlement offer.

20.SEVERABILITY. If any term or provision of this Regulatory Agreementshall, to any extent, be held invalid or unenforceable, the remainder of this Regulatory Agreement shall not be affected; provided that the intent of the Regulatory Agreement may then be reasonably fulfilled. In any event, the term or provisions shall be ITEM 10 Agenda Packet Page 26
deemed to be invalid only as to the entity and circumstance for which it was held to be invalid.

21.NO WAIVER. No waiver by Agency of any breach of or default under this Regulatory Agreement shall be deemed to be a waiver of any other or subsequent breach or default.

22.NOTICES. Written notices and other written communications by and between the parties shall be addressed to the Owner at the Owner Address and to Agency at Agency Address or such other address as each respective party has designated by written notice to the other party.

THE PARTIES HAVE EXECUTED THIS REGULATORY AGREEMENT in the County of Sacramento, California on the following dates, effective as of the date first written above.

DEVELOPER:HABITAT FOR HUMANITY

OF GREATER SACRAMENTO
By:

Leah Miller, Chief Executive Officer
AGENCY:THE CITY OF CITRUS HEIGHTS
By:

Ashely J. Feeney, City Manager
ITEM 10 Agenda Packet Page 27
Recording Requested by
and When Recorded Return to:

City of Citrus Heights
6360 Fountain Square Drive
Citrus Heights, CA 95621

NOTICE OF AFFORDABILITY RESTRICTIONS ON

TRANSFER OF PROPERTY
[California Health & Safety Code Section 33334.3(f)]
The following Notice of Affordability Restrictions (“Notice”) has been prepared pursuant to Section 33334.3(f) of the California Health and Safety Code, which became effective January 1, 2008. This Notice shall be recorded concurrently with the Regulatory Agreement described below.

1. The property (“Property”) that is the subject of this Notice is located in the County of Sacramento, State of California, and is further described in the legal description, attached as Exhibit 1: Legal Description, and incorporated into this Notice by this reference.

2. The “Regulatory Agreement” is the agreement, containing conditions, covenants and restrictions running with the land and restricting the affordability of the restricted unit(s) on the Property as described in the following Section 3. The Regulatory Agreement is between the following parties and dated as of the following Effective Date.

Agency
Developer
Effective Date
City of Citrus Heights
Habitat for Humanity of Greater Sacramento, Inc.

3. The address(es) of the Property subject to the Notice, including the unit number(s) if applicable, and the assessor’s parcel number(s) (“APN”) of such Property are set out in the following table. The affordability covenants applicable to each unit and the expiration date of each affordability covenant are stated in the table. Also, the respective unit is designated in the table as a unit to be sold. The following affordability covenants are set forth in the Regulatory Agreement.

ITEM 10 Agenda Packet Page 28
Property
Address
APN Type Affordability
Level Expiration Date Sale or Rental
7791 Sayonara
Drive TBD SFR 80 Sale
7793 Sayonara
Drive TBD SFR 80 Sale
7795 Sayonara
Drive
243-0275-013- 0000 SFR 80 Sale
7797 Sayonara
Drive TBD SFR 80 Sale
7799 Sayonara
Drive TBD SFR 80 Sale
7801 Sayonara
Drive
243-0275-003-
0000 SFR 80 Sale
7803 Sayonara
Drive TBD SFR 80 Sale
7805 Sayonara
Drive
243-0281-021-
0000 SFR 80 Sale
7807 Sayonara
Drive TBD SFR 80 Sale
7809 Sayonara
Drive
243-0281-020-
0000 SFR 80 Sale
7811 Sayonara
Drive TBD SFR 80 Sale
7813 Sayonara
Drive
243-0281-019-
0000 SFR 80 Sale
7815 Sayonara
Drive TBD SFR 80 Sale
7817 Sayonara
Drive
243-0281-016-
0000 SFR 80 Sale
7819 Sayonara
Drive TBD SFR 80 Sale
7821 Sayonara
Drive
243-0281-015-
0000 SFR 80 Sale
7794 Sayonara
Drive
243-0276-002-
0000 SFR 80 Sale
7796 Sayonara
Drive TBD SFR 80 Sale
7800 Sayonara
Drive
243-0276-003-
0000 SFR 80 Sale
7802 Sayonara
Drive TBD SFR 80 Sale
7804 Sayonara
Drive
243-0276-004-
0000 SFR 80 Sale
7806 Sayonara
Drive TBD SFR 80 Sale
7808 Sayonara
Drive
243-0276-005-
0000 SFR 80 Sale
7810 Sayonara TBD SFR 80 Sale
ITEM 10 Agenda Packet Page 29
Drive
7822 Sayonara
Drive TBD SFR 80 Sale
7824 Sayonara
Drive
243-0282-004-
0000 SFR 80 Sale

4. Units listed for sale shall be sold for a price at or below the appraised value, as determined by a 3rd party licensed appraiser. The 1st Mortgage provided by Developer shall be Affordable such that the sum of the annual principal payments of the 1st Mortgage, property taxes and insurance shall not exceed 30% of the Buyer’s annual income.

5. This Notice is descriptive of the terms of the Regulatory Agreement and is not intended to, and does not, affect any rights or obligations of the parties under the Regulatory Agreement. For more detailed information regarding the implementation and interpretation of the described affordability covenants, refer to the Regulatory Agreement. This document shall not be used to interpret or modify the terms of the Regulatory Agreement or any other document affecting the Property.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Sacramento, California, this day of 20 .

The City of Citrus Heights

By: Ashley J. Feeney, City Manager
Acknowledged by Developer:

Habitat for Humanity of Greater Sacramento, Inc.

By: Leah Miller
Chief Executive Officer
ITEM 10 Agenda Packet Page 30
EXHIBIT 1
Legal Description of the Property
Parcel One:

Parcel Two:

Parcel Three:

Parcel Four:

Parcel Five:

Parcel Six:

Parcel Seven:

Parcel Nine:

Parcel Ten:

Parcel Eleven
Parcel Twelve
Parcel Thirteen
Parcel Fourteen
Parcel Fifteen
Parcel Sixteen
Parcel Seventee
Parcel Eighteen
Parcel Nineteen
Parcel Twenty
Parcel Twenty-One
Parcel Twenty-Two
Parcel Twenty-Three
Parcel Twenty-Four
Parcel Twenty-Five
Parcel Twenty-Six
ITEM 10 Agenda Packet Page 31
EXHIBIT 3
NO FEE DOCUMENT:

Entitled to free
recording per
Government Code
6103. When recorded,
return to:

CITY OF CITRUS HEIGHTS
6360 Fountain Square Drive
Citrus Heights, CA 95621
Attention:

INDIVIDUAL REGULATORY AGREEMENT FOR

HOMEOWNERSHIP PROPERTY INCLUDING COVENANTS,

CONDITIONS AND RESTRICTIONS RUNNING WITH THE LAND

IMPLEMENTING THE PREVIOUSLY RECORDED DEVELOPER

REGULATORY AGREEMENT

INCLUDING CONDITIONS PRECEDENT TO RESALE
PROJECT NAME: Sayonara Drive, a Habitat for Humanity of Greater Sacramento Project

PROJECT
ADDRESSES:
7801 SAYONARA
Sayonara Drive, Citrus Heights, CA 95621
EFFECTIVE DATE:

APN: 243-0275-003-0000
NOTICE: THIS INDIVIDUAL REGULATORY AGREEMENT IMPOSES COVENANTS,

CONDITIONS AND RESTRICTION ON THE PROPERTY WHICH STAY WITH THE

PROPERTY FOR MANY YEARS,INCLUDING RESTRICTIONS ON THE RESALE PRICE AND THE USE AND MAINTENANCE OF THE PROPERTY.

WARNING: A SALE IN VIOLATION OF THIS REGULATORY AGREEMENT IS VOID.

ITEM 10 Agenda Packet Page 32

FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS ACKNOWLEDGED, AGENCY AND OWNER HAVE ENTERED THIS INDIVIDUAL REGULATORY AGREEMENT AS OF THE EFFECTIVE DATE. This Individual Regulatory Agreement includes Exhibits listed below, which are attached to and incorporated in this Individual Regulatory Agreement by this reference
ARTICLE I DEFINITIONS. The capitalized terms in this Individual Regulatory Agreement shall have the meanings assigned in Article I Definitions and as may be further defined in Article II General Provisions.

Terms being defined are indicated by quotation marks.

TERM DEFINITION
“Effective Date”
This Individual Regulatory Agreement shall be effective as of the following date (which is the date for
recordation of the Regulatory Agreement for
Development of Homeownership Property under
which this is issued):
“Agency” City of Citrus Heights
“Owner”
“Agency Address” Agency’s business address is 6360 Fountain Square Drive, Citrus Heights, CA 95621 “Owner Address” and
“Property Address” Owner’s address is as follows:
“Jurisdiction” City of Citrus Heights
“Property” or
“Restricted Unit”
That certain real property which is subject to this Individual Regulatory Agreement having the Property Address and as further described in the legal description, attached as Exhibit 1 – Legal Description and incorporated in this Individual Regulatory Agreement by this reference
“Funding
Agreement”
The Funding Agreement
between Agency, as
lender, and Developer, as
borrower, as follows:

Titled: Funding Agreement to provide PHLA and other sources to cover certain development expenses of the Project
Dated:
“Agency Funding”
The funding provided by Agency to Developer under the Funding Agreement for development of the Property.
“Developer” Habitat for Humanity of Greater Sacramento, Inc. “Developer Address” 819 North 10th Street, Sacramento, CA 95811 “Funding Amount”
The total amount of Agency Funding for the project that included the Property, which amount is as follows:
“Funding Source” The source of the funds that Agency has used to make the Loan, as follows: PLHA
ITEM 10 Agenda Packet Page 33
“Funding
Requirements”
The legal restrictions on the use of the funds that Agency has provided to Owner and as applicable to and restricting the Property. The Funding Requirements are set out in Exhibit 2 – Funding Requirements. “Individual
Regulatory
Agreement”
The agreement containing conditions, covenants and restrictions running with the land and restricting the use and resale of the Restricted Unit as provided in this Individual Regulatory Agreement.
“Original Purchase
Price”
Purchase price paid by the first Owner under this
Individual Regulatory Agreement to buy the Property
from the developer of the Property.
“Proportionate
Agency Assistance”
The proportion that total Unit Assistance bears to the
Original Purchase Price (Unit Assistance/Original
Purchase Price)
“Affordability Level” The level of affordability at which this property is to be restricted
“Approved Use” The only permitted use of the Property, which is as a single residential housing unit. “Unit Assistance”
Unit Assistance is the amount of Funding Source funds
used in this Restricted Unit. For all purposes of this
Individual Regulatory Agreement, the funding
provided for this respective Restricted
Housing Unit shall be as specified for “Unit Assistance”.

ARTICLE IIGENERAL PROVISIONS

1. REPRESENTATIONS. Agency has provided Agency Funding to develop the Property, subject to the terms of the Funding Agreement. This Individual Regulatory Agreement is a substantial part of the consideration to Agency for providing Agency Funding. The funds used by Agency under the Funding Agreement are funds from public funding sources administered by Agency and their use is subject to certain requirements, some of which are embodied in this Individual Regulatory Agreement. Agency has provided Agency Funding in accordance with the laws, rules, and regulations to which Agency is subject. Agency has made Agency Funding conditioned upon Owner’s agreement, for itself and its successors and assigns, to comply with all provisions of this Individual Regulatory Agreement, including without limitation, the Funding Agreement. Owner has had full opportunity to make itself independently familiar with the limitations and restrictions of this Individual Regulatory Agreement, including without limitation, the Funding Agreement, and Owner accepts them and agrees to comply fully with them.

2. PROHIBITION ON SALE WITHOUT APPROVAL; CONDITION PRECEDENT. Owner is prohibited from selling the Property, including the Restricted Unit, unless and until: (a) Agency has reviewed and determined that the sales price complies with the Funding Requirements, (b) the sales price to be paid by the buyer on sale is an “Affordable Price” as defined in and required by the Funding Requirements, and (c) the purchaser of the Property has acknowledge and accepted the Individual Regulatory Agreement. For ITEM 10 Agenda Packet Page 34
purposes of determining such compliance, the sales price is the amount actually paid to Owner by the purchaser, including all additions or reductions made to the initial purchase price shown in the purchase and sale agreement between Owner and the purchaser. Owner shall receive no consideration for additions or improvements made to the Property, except those improvements (such as the addition of bedrooms) that affect the affordability calculations of the Funding Requirements. Pursuant to Section 9.a above, the foregoing is a condition precedent to any resale of the Property.

3. COVENANTS. Owner makes the following covenants. Unless Owner hasreceived the prior written consent or Agency approval otherwise, Owner shall fully comply with each and every covenant. Except as otherwise stated in this Individual Regulatory Agreement, the following covenants shall have a term that is the same as the longest term specified in the Funding Requirements. a.Owner shall comply with the foregoing covenant prohibiting resale without Agency approval. Such compliance is a condition precedent to any such resale. If Owner fails to comply with said covenant, such resale shall be null and void, and the purported purchaser and anyone claiming any interest in the Property on account of such resale, including without limitation trustors and beneficiaries under deeds of trusts or others claiming lien or mortgage interests in the Properties, shall have no interests in or rights regarding the Property.
b.Owner shall use and permit others to use the Property only for the Approved Use. c.Owner shall assure full compliance with the Funding Requirements. d.Owner shall not transfer or encumber any of the Property or permit the conveyance, transfer, or encumbrance of the Property unless such assignee, transferee or encumbrancer has agreed, in writing and in a form suitable for recordation, to be bound by the terms of this Individual Regulatory Agreement. e.Owner shall not cause and shall not permit expansion, reconstruction, or demolition of any part of improvements on the Property, except as provided by the Funding Agreement. f.Owner shall maintain the Property and the building improvements, grounds and equipment of the Property in good repair and condition and in compliance with all applicable housing quality standards and local code requirements. Owner shall maintain the Property in good condition and shall keep the Property reasonably free from graffiti and unrepaired vandalism and from accumulation of abandoned property, inoperable vehicles, unenclosed storage, debris, and waste materials. In the event of a casualty loss, Owner shall cause the restoration or replacement of the Property, in a timely manner and provided that such restoration or replacement is then economically feasible. g.Ownershall not cause and shall not permit discrimination on the basis of race, color, ancestry, religion, creed, sex, marital status, or national origin in the sale, lease, or rental or in the use or occupancy of the Property. Owner covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. This covenant against discrimination shall continue in perpetuity. h.Owner shall assure compliance with the federal Personal Responsibility and Work Opportunity Act (Public Law 104-193, commonly known as the Welfare Reform Act) prohibiting Agency funding of federal, state or local benefits to persons who are not citizens or qualified aliens as defined in the such act.

ITEM 10 Agenda Packet Page 35

4. NATURE OF COVENANTS. The provisions contained in this Individual Regulatory Agreement are covenants which subject and burden the Property, as covenants running with the land. It is intended and agreed that the agreements and covenants provided in the Agreement shall be covenants running with the land and equitable servitudes on the land and that they shall, in any event, and without regard to technical classifications or designation, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, Agency, Agency's successors and assigns, any other governmental entity acting within its authority and any successor in interest to Agency's interest under this Individual Regulatory Agreement against Owner, its successors and assigns and every successor in interest to all or any part of the Property.

5. SUPERSEDING EXISTING COVENANTS, CONDITIONS, & RESTRICTIONS. This Individual Regulatory Agreement shall supersede any covenants, conditions and restrictions that have been previously recorded by, or on behalf of, Agency against the Property.

6. TERM. The term of this Individual Regulatory Agreement shall be begin on the Effective Date and continue until the terms of all of the covenants, including without limitation, the terms stated in the Funding Requirements, have expired or otherwise been terminated. In any event, the term shall not exceed the longest term specified for any covenant in the Funding Requirements, except for covenants against discrimination which shall continue in perpetuity.

7. RECORDKEEPING AND REPORTING. Upon request of Agency, Owner shall promptly provide any additional information or documentation requested in writing by Agency to verify Owner's compliance with the provisions of this Individual Regulatory Agreement. At the written request of Agency, Owner shall, within a reasonable time following receipt of such request, furnish reports and shall give specific answers to questions upon which information is desired from time to time relative to the income, assets, liabilities, contracts, operations, and condition of the property and the status of the all deeds of trust securing the Property.

8. AUDIT AND INSPECTION. The Property and all related equipment, buildings, plans, offices, books, contracts, records, documents and other related papers shall at all times be true and accurate and maintained in reasonable condition for audit and shall be subject to examination by Agency or its agents. The books and accounts of the operations of the Property and of the Property shall be kept in accordance with generally accepted accounting principles. Owner shall provide Agency access to the Property during reasonable hours for the purpose of reviewing Owner’s compliance with this Individual Regulatory Agreement.

9. INDEMNITY FOR OWNER’S FAILURE TO MEET LEGAL REQUIREMENTS. Owner shall indemnify and hold Agency, its officers, directors, and employees harmless from any and all liability arising from Owner’s failure to comply with the covenants, conditions and restrictions contained in this Individual Regulatory Agreement or to comply with all other laws, rules, regulations and restrictions related to the use of Agency Funding. Without limitation, such indemnity shall include repayment to the appropriate parties of rents or sales proceeds in excess of amounts authorized to be charged and repayment to Agency of the costs of funds and the value of lost opportunities resulting from the required repayment by Agency to the funding source of funds improperly used.

10. CHANGES WITHOUT CONSENT OF OTHERS. Only Agency and its successors and assigns, and Owner and its successors and assigns (subject to the reasonable approval of Owner's lender) shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants or restrictions contained in this Agreement without the consent of any easement holder, licensee, other mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Site.

ITEM 10 Agenda Packet Page 36

11. DEFAULT. Upon a breach of any of the provisions of this Individual Regulatory Agreement by Owner, Agency may give written notice of such breach to Owner by registered or certified mail. If such breach is not corrected to the satisfaction of Agency within sixty (60) days after the date such notice is mailed or within such further time as Agency may reasonably determine is necessary to correct the breach, and without further notice to Owner, Agency may declare a default under the Agreement, effective on the date of such declaration of default, and upon such default Agency may: (a) take any action then available under the Funding Agreement for a default under the Funding Agreement; (b) apply to any court for specific performance of this Individual Regulatory Agreement; (c) apply to any court for an injunction against any breach of the Agreement; (d) apply to any court for the appointment of a receiver to take over and operate the Property in accordance with the terms of this Individual Regulatory Agreement; and (e) apply to any court for money damages or for such other relief as may be appropriate, since the injury to Agency arising from a default under any of the terms in this Individual Regulatory Agreement would be irreparable, and the amount of damage would be difficult to ascertain.

12. BINDING SUCCESSORS IN INTEREST. This Individual Regulatory Agreement shall bind and the benefits shall inure to Owner, its successors in interest and assigns, and to Agency and its successors for the term of this Individual Regulatory Agreement.

13. CONTRADICTORY AGREEMENTS. Owner warrants that he or she has not, and will not, execute any other agreement with provisions contradictory of or in opposition to, the provisions of this Individual Regulatory Agreement, and that, in any event, the requirements of this Individual Regulatory Agreement are paramount and controlling as to the rights and obligations set forth and supersede any other requirements in conflict with this Individual Regulatory Agreement.

14. ATTORNEYS' FEES. If the services of any attorney are required by any party to secure the performance of this Individual Regulatory Agreement or otherwise upon the breach of default of another party, or if any judicial remedy or mediation is necessary to enforce or interpret any provision of this Individual Regulatory Agreement or the rights and duties of any person in relation to this Individual Regulatory Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of this Individual Regulatory Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. The prevailing party shall mean the party receiving an award in arbitration or a judgment in its favor, unless the award or judgement is less favorable than the best settlement offered in writing in a reasonable manner by the other party, in which case the prevailing party is the other party.

15. SEVERABILITY. The invalidity of any clause, part or provision of this Individual Regulatory Agreement shall not affect the validity of the remaining portions.

16. ELECTION OF REMEDIES.
a.To the extent applicable, in the event of any breach of the covenants, conditions and restrictions contained in this Individual Regulatory Agreement, Agency shall reasonably endeavor to remedy such breach by conference and conciliation. If, in the opinion of Agency, Agency and Owner are unable mutually to agree upon a suitable remedy or the circumstances so warrant, such breach may be enjoined or abated by appropriate proceedings brought by Agency.
b.Agency may institute or prosecute in its own name, any suit Agency may consider advisable in order ITEM 10 Agenda Packet Page 37
to compel performance of any obligation of any owner to develop and maintain the subject property in conformity with this Individual Regulatory Agreement and to remedy any default of this Individual Regulatory Agreement. Agency may also seek a decree requiring removal of any improvements constructed on the Property which improvements are designed for uses not permitted under this Individual Regulatory Agreement and which improvements are unsuitable only for uses not permitted under this Individual Regulatory Agreement.
c.The remedies of Agency under this Individual Regulatory Agreement are cumulative, and the exercise of one or more of such remedies, including, without limitation, remedies under the Funding Agreement shall not be deemed an election of remedies and shall not preclude the exercise by Agency of any one or more of its other remedies.

17. NO WAIVER. No waiver by Agency of any breach of or default under this Individual Regulatory Agreement shall be deemed to be a waiver of any other or subsequent breach or default.

18. NOTICES. Written notices and other written communications by and between the parties shall be addressed to Owner at Owner Address and to Agency at Agency Address or such other address as each respective party has designated by written notice to the other party. (SIGNATURE PAGE TO FOLLOW)
THE PARTIES HAVE EXECUTED THIS INDIVIDUAL REGULATORY AGREEMENT in Sacramento, California on the following dates, effective as of the Effective Date.

OWNER :

By:

AGENCY:

By:

Approved as to form:

Agency Counsel
ITEM 10 Agenda Packet Page 38
EXHIBIT 1
Legal Descriptions
TBD
ITEM 10 Agenda Packet Page 39

RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:

INMAN LAW GROUP, LLP
Bruce R. Inman, Esq.
3053 Freeport Blvd. #309
Sacramento, CA 95818

DECLARATION
OF

COVENANTS, CONDITIONS AND RESTRICTIONS
FOR

SAYONARA
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

Exhibit B
ITEM 10 Agenda Packet Page 40

TABLE OF CONTENTS
TO

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR

SAYONARA
Page Number
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.1 Definitions, Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2 City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.3 County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.4 Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.5 Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.6 Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.7 Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.9 Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.10 Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.11 Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.12 Record; Recordation; Filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.13 Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.14 Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.15 Subdivision Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 USE RESTRICTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2.1 Offensive Conduct, Nuisances, Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2.2 Residential Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2.3 Restrictions on Businesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2.4 Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2.5 Vehicles and Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.6 Garages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.7 Trash Disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.8 Storage of Personal Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.9 No Hazardous Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.10 Compliance with Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 3 ALTERATIONS TO LOTS AND RESIDENCES AND DISCLOSURES . . 5

3.1 Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3.2 Exterior Lighting and Fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3.3 Solar Access Easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 4 MAINTENANCE OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

4.1 Owners' Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 5 EASEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5.1 Easements in General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5.2 Access, Utility and Parking Easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sayonara
Inman Law Group, LLP - i - 6/26/24 v3
ITEM 10 Agenda Packet Page 41

5.3 Utility Maintenance and Repair Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5.4 Encroachment Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5.5 Easements Reserved and Granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 6 ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

6.1 Enforcement of Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

6.2 Owners' Responsibility for Conduct and Damages . . . . . . . . . . . . . . . . . . . . . . . 7

6.3 No Avoidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

6.4 Non-Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

6.5 Declarant is Third-Party Beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

6.6 Costs and Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 7 PROTECTION OF MORTGAGEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

7.1 Amendments Affecting Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

7.2 Breach; Obligation After Foreclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 8 DECLARANT'S DEVELOPMENT RIGHT . . . . . . . . . . . . . . . . . . . . . . . . . 8

8.1 Declarant's Right to Develop the Development. . . . . . . . . . . . . . . . . . . . . . . . . 8

8.2 Amendment of Development Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

8.3 Disclaimer of Declarant's Representations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

8.4 Encumbering Additional Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

8.5 No Amendment or Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 9 AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

9.1 Amendment Before First Conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

9.2 Amendment After First Conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

9.3 Reliance on Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 10 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.1 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.2 Recitals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.3 Liberal Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.4 Statutory Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.5 Priority of Mortgage Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.6 Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.7 Individual Owner’s Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10.8 Damage to or Destruction of Improvements on Lots. . . . . . . . . . . . . . . . . . . . . 11

10.9 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Sayonara
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DECLARATION
OF

COVENANTS, CONDITIONS AND RESTRICTIONS
FOR

SAYONARA
This Declaration of Covenants, Conditions and Restrictions Sayonara (the "Declaration") is made by Habitat for Humanity of Greater Sacramento, Inc., a California non-profit public benefit corporation (the "Declarant").

RECITALS
A. Declarant owns that certain real property located in the City of Citrus Heights, Sacramento County, California, which is more particularly described as follows (the "Development"):

Lots 1 through 26, inclusive, as shown on that certain Subdivision Map entitled, "Sayonara Drive", Recorded _________________, 202_, in Book __ of Maps, at Page _____, Official Records of Sacramento County.

B. Declarant is constructing single family residences within each of the Lots within the Development. Declarant hereby declares that all of the Development shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to the following easements, restrictions, covenants, conditions, and equitable servitudes, all of which are imposed for the attractiveness and desirability of the Development in furtherance of a general plan for the protection, maintenance, subdivision, improvement, and sale of the Development, or any portion thereof.

C. The covenants, conditions, restrictions, reservations, easements, and equitable servitudes set forth herein are covenants running with the land pursuant to California Civil Code Section 1468 and shall be binding upon all persons having any right, title, or interest in any portion of the Development. The Development is not a common interest development as defined by California Civil Code Section 4100, and is not subject to the provisions of the Davis-Stirling Common Interest Development Act (California Civil Code Section 4000 et seq.).

ARTICLE 1 DEFINITIONS

1.1 Definitions, Generally. When the words and phrases described in this Article are used in the Declaration, they will have the meanings set forth in this Article. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter, as the context requires. The use of the term "may" in this Declaration indicates discretion or choice, and the use of the term "shall" in this Declaration mean imperative, mandatory or imposing an absolute duty. Except as otherwise provided herein, all capitalized terms used in this Declaration shall have the same meanings as set forth in this Article 1.

1.2 City. "City" shall mean the City of Citrus Heights, located in Sacramento County, California, and its various departments, divisions, employees and representatives.

1.3 County. "County" shall mean Sacramento County, California, and its various departments, divisions, employees and representatives.

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1.4 Declarant. "Declarant" shall mean Habitat for Humanity of Greater Sacramento, Inc., a California non-profit public benefit corporation. The term "Declarant" shall also mean any successor or assign of Declarant, provided a certificate, signed by Declarant and Declarant's successor or assign, is Recorded against the portion of the Development which the successor or assign assumes the rights and duties of Declarant. A successor Declarant shall also be deemed to include the beneficiary under any deed of trust securing an obligation from a then existing Declarant encumbering all or any portion of the Development, which beneficiary has acquired any such portion of the Development by foreclosure, power of sale, or deed in lieu of such foreclosure or sale.

1.5 Declaration. "Declaration" shall mean this instrument, as it may be amended from time to time. If any Supplemental Declarations or Declarations of Annexation are approved and Recorded in accordance with Article 8, below, then following such Recordation any reference to this Declaration shall mean this Declaration as amended and supplemented by the Supplemental Declaration(s) and any Declarations of Annexation.

1.6 Development. "Development" shall mean the real property described in Recital A, together with all Improvements now located or hereafter constructed or installed thereon, and all appurtenances thereto, together with any real property annexed to this Declaration pursuant to a Declaration of Annexation.

1.7 Improvement. "Improvement" shall mean all structures and improvements including without limitation Residences, buildings, landscaping, paving, fences, and signs.

1.8 Lot. "Lot" shall mean any of the lots or parcels of land shown upon the record of survey or any subdivision or parcel map for any portion of the Development.

1.9 Mortgage. "Mortgage" shall mean a deed of trust as well as a mortgage in the conventional sense. "First Mortgage" shall mean any Recorded Mortgage on a Lot with first priority over other Mortgages on such Lot. "Mortgagee" shall refer to a beneficiary under a deed of trust as well as to a mortgagee in the conventional sense.

1.10 Owner. "Owner" shall mean any person, firm, corporation or other entity in which fee title to a Lot is vested as shown by the Official Records of the office of the County Recorder, including the purchaser under an installment land contract, but excluding those having such interest merely as security for the performance of an obligation. If a Lot is transferred or conveyed to a trust, the Owner is the trustee or the co-trustees of such trust. A person or entity is not an Owner due to (a) community property or other equitable rights not shown of Record; or (b) rights of adverse possession not shown of Record. Where the context requires, the term "Owner" shall include the members of the Owner's household and the Owner's guests, tenants/lessees and invitees.

1.11 Record; Recordation; Filed. "Record," "Recordation," and "Filed" shall mean, with respect to any document, the recordation or filing of such document in the Official Records of the County Recorder's office.

1.12 Residence. "Residence" shall mean a residential structure located upon a Lot which is designed for human residential use and occupancy.

1.13 Resident. "Resident" shall mean any person who resides in a Residence on a Lot whether or not such person is an Owner.

1.14 Subdivision Map. "Subdivision Map" shall mean the final subdivision map Filed with the County Recorder as described in Recital A.

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ARTICLE 2 USE RESTRICTIONS

2.1 Offensive Conduct, Nuisances, Noise. No noxious, harmful or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to any Residents of the Development, or which shall in any way interfere with the use and enjoyment of their Lots or Residences.

Without limiting any of the foregoing, no Resident shall permit noise, including without limitation the barking of dogs or excessively loud music, to emanate from the Resident's Lot, vehicles, or the vehicles of guests and invitees, which would unreasonably disturb another Resident's enjoyment of his or her Lot.

2.2 Residential Use. Except as permitted by applicable law, no Lot, or any portion thereof, shall be occupied or used for other than residential purposes.

2.3 Restriction on Businesses. No business of any kind shall be established, maintained, operated, permitted, or conducted within the Development except:
(a) Professional and Administrative. Those professional and administrative occupations as may be permitted by, and which are conducted in conformance with, all applicable governmental ordinances provided that there is no external evidence thereof. (b) Development and Sales of Residences. As more particularly provided in Article 14, below, Declarant shall be entitled to use Residences as models, sales or rental offices or construction headquarters for the purpose of constructing Residences and marketing of Residences within the Development or for development projects located outside of the Development. (c) Rental Office. A rental or management office for the Development, provided that Residences within the Development shall not be used for motel or other short-term occupancy. (d) Permitted by Law. Those other businesses which by law must be permitted to be conducted within the Development.

2.4 Animals.
(a) Household Pets. No animals, reptiles, rodents, birds, fish, livestock, or poultry shall be raised, bred or kept on any Lot or other portion of the Development except that a reasonable number of domesticated birds, cats, dogs or aquatic animals kept within an aquarium, may be kept, provided that they are not kept, bred, or maintained for any commercial purposes and they are maintained under reasonable control at all times, all in conformance with any City ordinances. Each dog must be restrained on a leash held by a responsible person capable of controlling it whenever it is outside of its owner's Lot.
(b) Owner's Responsibility for Pets. The person bringing a pet into the Development shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Development by such pet. Each Owner, Resident, and any person bringing or keeping a pet within the Development shall be responsible for properly managing their pet(s) to minimize the impacts on Residents, including, but not limited to, odors, flies, rodents, and noises. In addition, each Owner, Resident, and any person bringing or keeping an animal within the Development shall be absolutely liable to all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon the Development by such person or by members of his or her household, tenants, guests, or invitees. In no event shall any animal be maintained within the Development that constitutes a nuisance with respect to neighboring residents. Dog barking audible Sayonara
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from within an adjacent Lot's Residence for more than ten (10) minutes within an hour shall be constitute a nuisance pursuant to this Declaration.

2.5 Vehicles and Parking.
(a) Limitations on Types of Vehicles.
(i) Recreational Vehicles. No trailer, motor home, recreational vehicle, camper, or boat shall be parked, kept or permitted to remain within the Development unless placed or maintained completely within an enclosed garage, and provided that the parking of such recreational vehicle or trailer does not displace the parking of otherwise permitted vehicles within the garage.
(ii) Commercial Vehicles. No truck, van or commercial vehicle shall be parked, kept or permitted within the Development unless placed or maintained completely within an enclosed garage, except for such limited times as are necessary for deliveries, the performance of maintenance, repair and replacement of Improvements within the Development and other similar situations. The term "truck, van or commercial vehicles" shall not include sedans or standard size cars, pickup trucks and vans which are used for both business and personal uses, provided that any signs or markings of a commercial or governmental nature on such vehicles shall be unobtrusive. (b) Condition of Vehicles. No unreasonably noisy vehicles and no vehicles (including, without limitation, scooters, motorcycles or other motorized devices) emitting foul smelling or offensive exhaust fumes shall be operated within the Development. No dilapidated, unsightly, inoperable, or abandoned vehicle shall be parked, kept or permitted to remain upon any area within the Development unless completely enclosed within a garage. Each vehicle operated or located within the Development shall maintain current registration which permits the vehicle to be legally operated on public streets.
(c) No Vehicle Repairs. No vehicle maintenance, or repairs of any kind may be made to vehicles within the Development except such emergency repairs as are necessary to remove the vehicle from the Development and except within an enclosed garage. (d) Parking of Permitted Vehicles. Vehicles permitted by this Section 2.4 may be parked within the Development only as follows:
(i) Garage Parking. Owners and Residents shall utilize their Residence's garage as the primary parking space for vehicle parking, and shall not utilize any other parking space otherwise permitted by this Section 2.4, unless the garage is occupied by a parked vehicle.
(ii) Driveway Parking. Provided a vehicle is parked within the Lot's garage, Residents may park permitted vehicles wholly within the driveway located on such Owner's Lot. Vehicles parked within a driveway shall not extend into the sidewalk or the roadway serving the Development.

2.6 Garages. No garage shall be remodeled or used as a workshop, storage space, hobby facility or for any other use or facility which would interfere with the ability of the Owner of the Lot to accommodate the number of full-sized passenger vehicles which the garage would normally be, or was originally, designed to accommodate. In no event shall any garage be converted to or used as a living area except as permitted by law.

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2.7 Trash Disposal. Trash, garbage, accumulated waste plant material and all other waste and refuse shall be deposited only in covered sanitary containers or recycling containers in accordance with the following provisions:
(a) Screened Containers. Except as provided in subsection 2.6(b), the containers shall be maintained within the Residence's garage or within an enclosed area adjacent to the Owner's Residence and screened from the view from the street or any other Residences. (b) Container Pickup. The containers may be placed for pickup at a reasonable time prior to trash collection and shall be promptly stored as specified in subsection 2.6(a) after collection.

The Board may adopt Rules regulating the placement of containers for trash collection which Rules may include limitations on the period of time during which containers may be placed for collection. (c) Trash Storage. No Owner or Resident shall permit or cause any garbage, trash or other waste or refuse to be kept upon any portion of any Lot outside of the Residence or elsewhere in the Development, except in such containers.

2.8 Storage of Personal Property . No scrap material, metals, bulk materials, refuse, or trash shall be kept, stored, or allowed to accumulate on any portion of the Development, except within an enclosed structure or appropriately screened from view, and so long as no fire hazard is created thereby.

2.9 No Hazardous Activities . No activities shall be conducted on any Lot, and no Improvements shall be constructed on any Lot which are or might be unsafe or hazardous to any person or property.

2.10 Compliance with Laws. Nothing shall be done or kept anywhere within the Development which violates any local, state or Federal law, ordinance, statute, rule or regulation.

ARTICLE 3 ALTERATIONS TO LOT AND RESIDENCES AND DISCLOSURES

3.1 Drainage. No Owner shall do any work, construct any Improvement, place any landscaping or suffer the existence of any condition whatsoever that alters or interferes with the drainage pattern for the Owner's Lot or any adjacent Lots or parcels or as established, except to the extent such alteration in drainage pattern is approved in writing by all parties to the drainage easement.

3.2 Exterior Lighting and Fixtures. All lights installed on the exterior of a Residence or on a Lot shall be adequately and properly shielded from other Residences, such that direct rays from the light source are directed downward so as to not adversely impact adjacent sites or traffic. Light standards shall not exceed fifteen feet (15') in total height and shall comply with the provisions of the City's Outdoor Lighting Control Ordinance.

3.3 Solar Access Easement. Each Lot shall have an easement over all other Lots within the Development for the purposes of receiving sunlight for use of the Lot's solar energy system. Except for the Residences and landscaping that are part of the initial construction of the Development by the Declarant, no vegetation, structures, fixtures or other objects within the Development that cast shadows and have a significant negative impact on a the performance of a Lot's solar energy system shall be permitted. This prohibition shall not apply to utility wires and similar objects Sayonara
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ARTICLE 4 MAINTENANCE OF PROPERTY

4.1 Owners' Responsibilities. Each Owner shall be solely and exclusively responsible for the maintenance, repair and replacement of his or her Lot and all Improvements thereon, and shall keep the same in good and attractive condition and repair. Each Owner's obligations shall include, without limitation, the following:
(a) Residence and Other Improvements. Each Owner shall maintain, in good and attractive condition and repair, the Residence and other buildings and Improvements located on his or her Lot. The garage door for the garage of the Residence shall be maintained in good condition, appearance and repair.
(b) Landscaping. Each Owner shall maintain the landscaping on his or her Lot in a neat and attractive condition.
(c) Site Improvements. All improvements other than public sidewalk, curb, gutter, street and designated street trees in the public right of way, including, but not limited to, landscaping strips, landscaping, trees, and bioswales, shall be the responsibility of the abutting property Owner to maintain.
(d) Fences. Each Owner shall maintain, repair and replace all shared fences in accordance with the following provisions. Each fence placed on the dividing Lot line between two (2) Lots shall constitute a shared fence. The provisions of California Civil Code Section 841, as well as the general rules of law regarding shared fences and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (i) Sharing of Repair and Maintenance. The cost of maintenance and repair of a shared fence shall be equally shared by the Owners who make use of the fence. However, an Owner may call for a larger contribution from the other Owner of the shared fence under California Civil Code Section 841, as well as any rule of law regarding liability for negligent or willful acts or omissions.
(ii) Material and Appearance. Replacement fencing shall be of the same material and appearance to match existing fencing, unless agreed to by both owners that share the party wall.
(e) Utility Connections. Utility lines and connections, including without limitation, water, sewer, electrical, cable television, telephone and gas lines, which are located on, under, or over any Lot and which provide service to the Residence or other Improvements located upon such Lot, shall be maintained, repaired and replaced by the Owner of such Lot or by the utility company providing such service.

ARTICLE 5 EASEMENTS

5.1 Easements in General. In addition to all easements reserved and granted in other Recorded documents and the easements specified in Article 4, there are hereby specifically acknowledged, reserved and granted for the benefit of the Lots and the Owners in common and for each Lot and Owner severally, as their respective interests shall exist, the easements and rights of way as particularly identified in this Article.

5.2 Access, Utility and Parking Easements. Easements over and under the Development or any portion thereof for the installation, repair, maintenance, and replacement of: (i) electric, telephone, water, gas, Sayonara
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and sanitary sewer lines, meters, and facilities; (ii) cable lines and facilities; (iii) drainage facilities; (iv) walkways; and (v) landscaping as shown on the Subdivision Map, and as may be hereafter required or convenient to service the Development, are reserved by and shall exist in favor of each Owner, together with the right to grant and transfer the same.

5.3 Utility Maintenance and Repair Easements. Wherever sanitary sewer connections or water connections or electricity, gas or telephone, television lines or drainage facilities are installed within the Development, which connections, lines or facilities, or any portion thereof, lie in or upon Lots owned by other than the Owner of the Lot served by said connections, the Owners of any Lots served by said connections, lines or facilities shall have the right, and are hereby granted an easement to the full extent necessary therefor, to enter such Lots or to have utility companies enter therein, or any portion thereof, to repair, replace and generally maintain said connections as and when the same may be necessary. All utility companies having easements on the property covered by this Declaration shall have easements for cleaning, repairing, replacing, and otherwise maintaining or causing to be maintained service in all underground utility lines, including, when reasonably necessary, the entry into an improvement constructed upon a Lot for uncovering any such lines. Any Owner or utility company exercising the rights granted in this Section shall be obligated to restore the Lot and the Residence entered to substantially its former condition.

5.4 Encroachment Easements. Each Lot within the Development is hereby declared to have an easement over all adjoining Lots for the purpose of accommodating any minor encroachment due to engineering errors, errors in original construction, settlement or shifting of structures, or any other similar cause. There shall be valid easements for the maintenance of such encroachments as long as they shall exist.

Notwithstanding the preceding, in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if such encroachment occurred due to the wilful misconduct of such Owner or Owners.

In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and that there shall be valid easements for the maintenance of such encroachments so long as they shall exist.

5.5 Easements Reserved and Granted. Any and all easements referred to herein shall be deemed reserved or granted, or both reserved and granted, as appropriate, by reference to this Declaration in a deed to any Lot.

ARTICLE 6 ENFORCEMENT

6.1 Enforcement of Declaration. The breach of any of the easements, covenants, conditions, or restrictions contained in this Declaration and the continuation of any such breach may be enjoined, abated, or remedied by appropriate legal or equitable proceedings by an Owner, including Declarant. It is hereby agreed that recovery of damages at law for any breach of the provisions of this Declaration would not be an adequate remedy.

6.2 Owners' Responsibility for Conduct and Damages. Each Owner shall be fully responsible for informing members of his or her household and his or her tenants, contractors and guests of the provisions of this Declaration, and shall be fully responsible for the conduct, activities, and for any damage to the Development resulting from the negligent or intentional conduct of any of them or any household pets. If a Lot is owned jointly by two (2) or more persons, the liability of each Owner in connection with the obligations imposed by the Governing Documents shall be joint and several.

6.3 No Avoidance. No Owner may avoid the burdens or obligations imposed by the Governing Documents through non-use of or by abandonment of his or her Lot.

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6.4 Non-Waiver. Failure to enforce any provision of the Governing Documents at any time shall not be deemed a waiver of the right to do so thereafter with respect to the same or any other violation of any provision of the Governing Documents.

6.5 Declarant is Third-Party Beneficiary. Each Owner subject to this Declaration acknowledges and agrees that the proper maintenance of each Residence and the compliance with the property use restrictions and other covenants and provisions of this Declaration are for the benefit of Development, and the failure of an Owner to comply with this Declaration could harm the name and reputation of Habitat for Humanity of Greater Sacramento, Inc.. Therefore, Declarant is an intended third-party beneficiary of this Declaration and may, upon notice and hearing set forth below, exercise the same powers of enforcement as an Owner, notwithstanding the fact that the Declarant may not own a Lot within the Development. This section shall not be amended without the written consent of Declarant.

6.6 Costs and Attorneys' Fees. If an action is instituted in a court of competent jurisdiction to enforce any of the covenants, conditions, restrictions, or easements contained in this Declaration, the party against whom the judgment, decree, order or declaration is entered shall, and agrees to, pay all costs of suit and a reasonable attorneys' fee, such as may be established by said court.

ARTICLE 7 PROTECTION OF MORTGAGEES

7.1 Amendments Affecting Mortgages. No amendment of this Declaration shall affect any of the rights of the holder of any Mortgage which is made in good faith and for value, if such Mortgage is Recorded prior to the Recording of such amendment.

7.2 Breach; Obligation After Foreclosure. No breach of any provision of this Declaration by Declarant, or any Owner shall impair or invalidate the lien of any recorded Mortgage made in good faith and for value and encumbering any Lot. Declarant, Owners, and their successors and assigns, shall be obligated to abide by all of the covenants, conditions, restrictions, limitations, reservations, grants of easements, rights, rights-of-way, liens, charges and equitable servitudes provided for in this Declaration with respect to any person who acquires title to or any beneficial interest in any Lot through foreclosure, trustee's sale or otherwise.

ARTICLE 8 DECLARANT'S DEVELOPMENT RIGHT

8.1 Declarant's Right to Develop the Development. The Owners shall not do anything to interfere with the right of Declarant to subdivide, sell, or rent any portion of the Development, or the right of Declarant to complete excavation, grading, construction of Improvements or other development activities to and on any portion of Development or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Declarant deems advisable in the course of development of the Development so long as any Lot or any portion of the Development is owned by Declarant. Each Owner, by accepting a deed to a Lot, hereby acknowledges that any construction or installation by Declarant may impair the view of such Owner, and hereby consents to such impairment.

8.2 Amendment of Development Plans. Declarant may amend its plans for the Development and apply for changes in zoning, use and use permits, for any property within the Development.

8.3 Disclaimer of Declarant's Representations. Anything to the contrary in this Declaration notwithstanding, and except as otherwise may be expressly set forth in a Recorded instrument with the County Recorder, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of the Development may or will be carried out, or that any land now controlled or owned or hereafter controlled or acquired by Declarant is or will be subjected to this Declaration, or that any such land (whether or not it has been subjected to this Declaration) is or will be Sayonara
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committed to or developed for a particular (or any) use, or that if such land is once used for a particular use, such use will continue in effect.

8.4 Encumbering Additional Property. The owners of any real property which is not subject to this Declaration when this Declaration is first Recorded may consent to and join this Declaration by executing and recording a "Declaration of Annexation", referencing the Recording information of this Declaration, and titled and containing provisions to permit Recording. The real property subject to the Declaration of Annexation shall be referred to as "Additional Properties." Such consenting owners, and all lots within the Additional Properties, shall thereafter have the same rights and obligations as if such owners, and their lots, had consented to and joined in the execution of this Declaration and all provisions contained in this Declaration shall apply to the real property described in such Declaration of Annexation in the same manner as if it were originally covered by this Declaration.

8.5 No Amendment or Repeal. So long as Declarant owns any Lot within the Development, the provisions of this Article may not be amended or repealed without the written consent of Declarant.

ARTICLE 9 AMENDMENT

9.1 Amendment Before First Conveyance. Before the conveyance of the first Lot within the Development to a purchaser other than Declarant, and subject to subsection 9.2(c), below, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant by an instrument amending or revoking the Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be Recorded.

9.2 Amendment After First Conveyance. After the conveyance of the first Lot within the Development to a purchaser other than Declarant, this Declaration may be amended or revoked in any respect upon compliance with the following provisions:
(a) Amendment by Owners. Except as provided in this Section, this Declaration may be amended in any respect by the execution of an instrument amending this Declaration signed by a majority of the Owners. The amending or revoking instrument shall make reference to this Declaration and its amendments and shall be Recorded.
(b) Additional Approvals of Declarant for Amendments to Particular Provisions. For so long as Declarant owns a Lot within the Development, the provisions of Articles 8 and 9 may not be amended without the prior written consent of Declarant. In addition to the owner approval of Section 10.2(a), above, this Declaration shall not be amended without the prior written consent of the Declarant, notwithstanding the fact that the Declarant may not own a Lot within the Development.
(c) Right of Amendment if Requested by Governmental Mortgage Agency or Federally Chartered Lending Institutions. Anything in this Article to the contrary notwithstanding, Declarant reserves the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by Governmental Mortgage Agencies which require such an amendment as a condition precedent to such agency's approval of this Declaration, or by any federally chartered lending institution as a condition precedent to lending funds upon the security of any Lot. Any such amendment shall be effectuated by the Recordation, by Declarant, of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant, with their signatures acknowledged, specifying the Governmental Mortgage Agency, or the federally chartered lending institution requesting the amendment and setting forth the amendatory language requested by such agency or institution. Recordation of such a Certificate shall be deemed conclusive proof of the agency's or institution's request for such an amendment, and such Certificate, Sayonara
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when Recorded, shall be binding upon all of Lots comprising the Development and all persons having any interest therein.
(d) Right of Amendment if Requested by City. Anything in this Article to the contrary notwithstanding, Declarant reserves the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by the City to reflect a modification of the development permits which requires a conforming amendment to this Declaration. Any such amendment shall be effectuated by the Recordation of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant, with their signatures acknowledged, specifying the City requested the amendment and setting forth the amendatory language requested by the City. Recordation of such a Certificate shall be deemed conclusive proof of the City's request for such an amendment, and such Certificate, when Recorded, shall be binding upon all of the real property comprising the Development and all persons having an interest therein.

9.3 Reliance on Amendment. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith.

ARTICLE 10 GENERAL PROVISIONS

10.1 Term. This Declaration continues in full force and effect unless an amendment terminating this Declaration is approved in writing by the City and unanimously approved by all Owners, the Mortgagees, and the City, and Recorded.

10.2 Recitals. The Recitals are incorporated herein as provisions of this Declaration by this reference.

10.3 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of fostering a plan of community ownership and occupancy and of management of the Development for the benefit of the community.

10.4 Statutory References. Any reference to a California or federal statute, code or regulation shall also incorporate and include and any successor statutes or laws.

10.5 Priority of Mortgage Lien. No breach of the covenants, conditions or restrictions shall affect, impair, defeat or render invalid the lien or charge of any Mortgage encumbering any portion of the Development, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee’s sale, or otherwise, with respect to such portion of the Development.

10.6 Fair Housing. No Owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing, or mortgaging or occupancy of its Lot to any person of a specified race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, marital status, age, arbitrary characteristics, gender identity, and/or gender expression.

10.7 Individual Owner's Property Insurance. Each Owner shall be solely responsible for insuring all of his or her Residence and other Improvements on the Owner's Lot, including, without limitation, the structural portions of such Residence, against loss or damage by fire or other casualty. Each Owner shall also be solely responsible for obtaining adequate comprehensive public liability insurance, including medical payments and malicious mischief, insuring against liability for bodily injury, death, and property damage arising from his or her activities on any Lot within the Development. For each Lot subject to a Recorded agreement or deed of trust with Habitat for Humanity of Greater Sacramento (“Habitat”), the Owners of the Sayonara
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Lot acknowledge and agree that Habitat collects and impounds funds monthly from the Lot's Owners for the Lot and its Residence's annual payments of property taxes and property related insurance premiums.

10.8 Damage to or Destruction of Improvements on Lots. In the event of damage to or destruction of the Improvements on any Lot, the Owner of such Lot shall: (i) completely repair or rebuild the Improvements to the same state as they existed prior to such damage or destruction; or (ii) completely remove all remaining portions of such damaged or destroyed Improvements. Such repair, rebuilding, or removal shall be commenced within a reasonable time, which shall in no event exceed one (1) year after the occurrence of the damage or destruction and shall be completed within one (1) year after the date of commencement.

10.9 Severability. The invalidity of any one (1) or more of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.. {The remainder of this page intentionally left blank.}
Sayonara
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Dated:_______________, 202__. DECLARANT

HABITAT FOR HUMANITY OF GREATER
SACRAMENTO, INC., a California nonprofit public
benefit corporation

By: ___________________________________

Printed Name:___________________________
Title:__________________________________
By: ___________________________________

Printed Name:___________________________
Title:__________________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________)
On ________________, 202__, before me, ____________________, a Notary Public, personally appeared____________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
____________________________________
Notary Public
Sayonara
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STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________)
On ________________, 202__, before me, ____________________, a Notary Public, personally appeared____________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
____________________________________
Notary Public
Sayonara
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE: September 11, 2024
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FROM: Casey Kempenaar, Community Development Director
Alison Bermudez, Senior Planner
Steffane Lui, Assistant Planner
SUBJECT: Zoning Code Updates
Summary and Recommendation
On occasion, refinements to the Zoning Code are necessary to clarify existing standards, implement new ones, reflect changes in law, and address changing business types and their activities. Staff proposes to modify various sections of the Zoning Code to implement necessary refinements.

The proposed Zoning Code updates were presented to the Planning Commission on August 13, 2024. The Planning Commission recommended that the City Council approve the proposed amendments as shown in Attachment 1A.

The following motions are recommended:

Motion 1: Move to determine the proposed amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the Guidelines; and
Motion 2: Move to introduce for first reading, read by title only and waive the full reading of Ordinance No. 2024- _____, as shown in Attachment 1, an Ordinance of the City Council of the City of Citrus Heights amending various sections of Chapter 106 of the Citrus Heights Municipal Code (Zoning Code Section) Fiscal Impact
There is no fiscal impact associated with this action.

ITEM 11 Agenda Packet Page 56
Subject: Zoning Code Updates
Date: September 11, 2024

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Background and Analysis
On occasion, refinements to the Zoning Code are necessary to clarify existing standards, implement new ones, reflect changes in law, and address changing business types and their activities. Staff proposes to modify various sections of the Zoning Code to implement necessary refinements. The approval of these amendments does not approve any development project. Rather, they amend and clarify certain sections of the Zoning Code.

Attachment 1A includes a complete list of the proposed amendments with underline/strikeout text. While many of the proposed changes are minor, special attention should be given to the key areas discussed below where the changes are more significant. Exhibit A includes a complete list of the zoning amendments in underline/strikeout text format.

Recycling
The Zoning Code presented to the Planning Commission included a proposal to remove recycling centers as an allowed use in the City. After consideration and discussion, the Planning Commission did not have a consensus that supported the proposed changes. The amendments presented tonight do not include any changes to recycling. Recycling centers will be a separate action item scheduled for the City Council meeting of September 25, 2024.

Parking
As listed in Table 1, several updates to the Parking Section are proposed. The majority of the changes are minor and were made for clarity and improved user-friendliness.

The changes unbundle and reorganize sections to clearly differentiate standards for required residential parking and additional residential parking. An addition to the Zoning Code is the listing of materials allowed for residential parking surfaces. While the addition of surface materials is new to the Zoning Code, it is not new regulations. The allowed parking surface materials are currently enforced through Code Enforcement. Adding the surface materials into the Zoning Code will be easier for the public so all regulations are in one document as well as provide staff the ability to provide consistent information.

Alcoholic Beverage Sales
The Zoning Code and California Department of Alcoholic Beverage Control (ABC) highly regulate alcohol sales requiring approvals from and in many instances, both the Planning Commission and the City Council.

In efforts to promote economic development and reduce governmental obstacles, amendments to Alcoholic Beverage Sales Section 106.42.020 are proposed to streamline the approval process.

The goal of these amendments is to lessen the time and costs businesses incur when establishing a location yet still provide oversight and special attention necessary. Table 1 includes a listing of all the changes and additional information is discussed below.

ITEM 11 Agenda Packet Page 57
Subject: Zoning Code Updates
Date: September 11, 2024

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As mentioned, businesses selling alcohol are highly regulated. ABC is the state agency of authority who issues the “liquor license”. As part of their review, ABC regulates how many licenses can be issued in a census tract (called concentration) as well as considers the location’s adjacency to certain uses (schools, playgrounds, churches, etc.). If an area is considered “over concentrated” ABC requires the business to obtain approval from the local authority, called a Letter of Public Convenience and Necessity (PCN). For the City of Citrus Heights, PCNs are reviewed and granted by the City Council. Additionally, the City’s existing Zoning Code requires a Use Permit for many alcohol related uses.

Since both ABC and the City’s Zoning Code provided distance separation requirements, staff is proposing to remove those standards from the Zoning Code and rely on ABC’s regulations. Staff supports this change to reduce the two-application process burden on the applicant (Use Permit and PCN) since in most cases, the issuance of a liquor license will require City Council approval due to over-concentration. In Citrus Heights there are 22 census tracts and of those, 15 are considered over concentrated (the majority of the remaining tracts are residentially zoned). This means that a proposal to sell alcohol within those census tracts would require approval from the City Council through a PCN application.

While the remaining six census tracts are residentially zoned, therefore not applicable for alcohol related uses, and are not over-concentrated, meaning a PCN would not be required. Staff feels comfortable the revisions proposed provide the necessary standards and operating restrictions to ensure the business is not a detriment to the community. While the proposed amendments eliminate the Use Permit requirement, it is a limited exemption and applicable to those businesses proposing to operate no later than 10 PM Sunday through Thursday and 11 PM Friday and Saturday.

Alcohol related businesses proposing later hours (typically convenience store, liquor store, bars, pubs, etc.) will still require a Use Permit. This provides staff the ability to consider the businesses proximity to sensitive uses including residential properties, schools, youth centers, etc. It is worth noting that this exemption currently exists within the code but was limited in applicability to brew pubs, taverns, and commercial recreation centers. Table 1 provides an overview of each of the proposed amendments.

While the amendments are limiting regulations in which we are customarily used to reviewing, staff feels sufficient oversight remains even if an alcohol related business does not require a Use Permit or PCN in the remaining six census tracks. This oversight can be met when the City receives notification from ABC of their receipt of a liquor license application. This notification provides the City the opportunity to “protest” the issuance of the license based upon a variety of factors including calls for service in the surrounding area or its proximity to other uses (sensitive uses, crime concerns, other establishments, etc.)
August 13th Planning Commission Meeting
The proposed amendments to the Zoning Code were presented to the Planning Commission at the August 13th Planning Commission meeting. The Planning Commission reviewed the proposed changes discussed above as well as the complete list of changes presented as Exhibit A.

ITEM 11 Agenda Packet Page 58
Subject: Zoning Code Updates
Date: September 11, 2024

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The Planning Commission voted four to three to accept the amendments as presented except for the recycling portion, which will be presented and discussed separately.

Environmental Review
This project is categorically exempt from the California Environmental Quality Act (CEQA Guidelines Section 15061(b) (3)) in that adoption of the proposed Ordinance will not result in any impacts on the physical environment; and under the general rule that the proposed amendments to the Municipal Code do not have the potential to have a significant effect on the environment.

Attachments

1. Ordinance No. 2024-_____ an Ordinance of the City Council of the City of Citrus Heights amending various sections of Chapter 106 of the Citrus Heights Municipal Code (Zoning Code Section)
• Exhibit A: Redline Strikeout of Zoning Code

2. Planning Commission Staff Report (without attachments) a. Meeting video link: Planning Commission Meeting 8.13.2024 - YouTube

3. Letter of Support From Sunrise MarketPlace
ITEM 11 Agenda Packet Page 59
ORDINANCE NO. 2024-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS AMENDING VARIOUS SECTIONS OF CHAPTER 106 OF THE

CITRUS HEIGHTS MUNICIPAL CODE (ZONING CODE SECTION)
THE CITY OF CITRUS HEIGHTS DOES ORDAIN AS FOLLOWS:

Section 1: Purpose and Authority
The purpose of this Ordinance is to amend the Citrus Heights Zoning Code as shown in Exhibit A amending various sections of the Zoning Code including parking, storage, the sale of alcoholic beverages, and other minor changes.

Section 2: Findings
• The proposed amendment to residential parking regulations and surfaces is consistent with the General Plan.
• The proposed amendment to the sale of alcoholic beverages is consistent with the General Plan.
• The proposed amendments to the storage of vehicles will provide consistency and clarity in the regulations and complies with the General Plan. • Other revisions including updates to accessory dwellings and definitions provide clarity and are consistent with the General Plan.
• The proposed amendments will not be detrimental to the public, interest, health, safety, convenience, or welfare of the city.

Section 3: Action
The City Council hereby amends the Zoning Code of the City of Citrus Heights as described within Exhibit A herein, and as discussed within the Staff Report, which is incorporated by reference.

Section 4: Severability
If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Attachment
ITEM 11
1 Agenda Packet Page 60
Section 5: Effective Date and Publication
This ordinance shall take effect thirty (30) days after its adoption, provided it is published in full or in summary within fifteen (15) days of its adoption, in a newspaper of general circulation published and circulated in the City of Citrus Heights.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights this ___ day of ___, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
______________, Mayor
ATTEST:
__________________________
Amy Van, City Clerk
Exhibit
A. Redline Strikeout of Zoning Code
ITEM 11 Agenda Packet Page 61
City of Citrus Heights
Zoning Code
Effective November 6, 2006
City of Citrus Heights
Community and Economic Development Department
ITEM 11 Agenda Packet Page 62
CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE Zoning Code Table of Contents
4 106.34.040 - Landscape Location Requirements................................................................................................ 3-66 106.34.050 - Landscape Standards .................................................................................................................... 3-69 106.34.060 - Water Efficient Landscaping........................................................................................................... 3-73 106.34.070 - Maintenance of Landscape Areas.................................................................................................. 3-76 Chapter 106.35 - Outdoor Lighting.............................................................................................................................. 3-79 106.35.010 - Purpose .......................................................................................................................................... 3-79 106.35.020 - Applicability .................................................................................................................................... 3-79 106.35.030 - Definitions....................................................................................................................................... 3-80 106.35.040 - General Lighting Design and Development Standards .................................................................. 3-80 106.35.050 - Outdoor Lighting Plans................................................................................................................... 3-82 106.35.060 - Signs .............................................................................................................................................. 3-82 106.35.070 - Outdoor Performance, Sport and Recreation Facilities.................................................................. 3-83 106.35.080 - Energy Conservation Guidelines.................................................................................................... 3-83 Chapter 106.36 - Parking and Loading........................................................................................................................ 3-85 106.36.010 - Purpose .......................................................................................................................................... 3-85 106.36.020 - Applicability .................................................................................................................................... 3-85 106.36.030 - General Parking Regulations ......................................................................................................... 3-85 106.36.040 - Number of Parking Spaces Required............................................................................................. 3-86 106.36.050 - Disabled/Handicapped Parking Requirements............................................................................... 3-92 106.36.060 - Bicycle and Motorcycle Parking...................................................................................................... 3-92 106.36.070 - Reduction of Parking Requirements............................................................................................... 3-93 106.36.080 - Parking Design and Development Standards................................................................................. 3-95 106.36.090 - Loading Space Requirements ........................................................................................................ 3-99 Chapter 106.38 - Signs ............................................................................................................................................... 3-100 106.38.010 - Purpose ........................................................................................................................................ 3-100 106.38.020 - Applicability .................................................................................................................................. 3-100 106.38.030 - Building Permit and Master Sign Plan Requirements................................................................... 3-101 106.38.035 - Exemptions from Sign Permit Requirements................................................................................ 3-102 106.38.040 - Prohibited Signs ........................................................................................................................... 3-105 106.38.050 - General Requirements for All Signs ............................................................................................. 3-106 106.38.060 - Zoning District Sign Standards..................................................................................................... 3-110 106.38.070 - Standards for Specific Sign Types ............................................................................................... 3-114 106.38.080 - Nonconforming Signs ................................................................................................................... 3-121 106.38.090 - Judicial Review............................................................................................................................. 3-121 Chapter 106.39 - Tree Preservation and Protection................................................................................................. 3-122 106.39.010 - Purpose ........................................................................................................................................ 3-122 106.39.020 - Applicability .................................................................................................................................. 3-122 106.39.030 - Tree Permit Application Requirements......................................................................................... 3-124 106.39.040 - Arborist's Report........................................................................................................................... 3-125 106.39.050 - Standard Policies and Procedures for Approved Work ................................................................ 3-126 106.39.060 - Tree Mitigation.............................................................................................................................. 3-130 106.39.070 - Tree Permit Approval or Denial .................................................................................................... 3-131 106.39.080 - Post Approval Procedures............................................................................................................ 3-132 106.39.090 - Fees and Penalties....................................................................................................................... 3-133 ITEM 11 Agenda Packet Page 63
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2-1
ARTICLE 2
Zoning Districts & Allowable Land Uses
Chapter 106.20 - Zoning Map .......................................................................................................................................... 2-3 106.20.010 - Purpose ............................................................................................................................................. 2-3 106.20.020 - Zoning Map and Zoning Districts ...................................................................................................... 2-3 Chapter 106.22 - Development and Land Use Approval Requirements ..................................................................... 2-5 106.22.010 - Purpose ............................................................................................................................................. 2-5 106.22.020 - General Requirements for Development and New Land Uses ......................................................... 2-5 106.22.030 - Allowable Land Uses and Permit Requirements ............................................................................... 2-5 106.22.040 - Exemptions from Planning Permit Requirements ............................................................................. 2-7 106.22.050 - Temporary Uses ............................................................................................................................... 2-8 Chapter 106.24 - Residential and Open Space Zoning Districts ................................................................................. 2-9 106.24.010 - Purpose ............................................................................................................................................. 2-9 106.24.020 - Purposes of the Residential and Open Space Zoning Districts ........................................................ 2-9 106.24.030 - Residential and Open Space District Allowable Land Uses and Permit Requirements .................. 2-10 106.24.040 - Residential and Open Space District Subdivision Standards ......................................................... 2-13 106.24.050 - Residential and Open Space District Residential Density Standards ............................................. 2-14 106.24.060 - Residential and Open Space District Site Planning and Building Standards .................................. 2-15 Chapter 106.26 - Commercial and Industrial Zoning Districts .................................................................................. 2-17 106.26.010 - Purpose ........................................................................................................................................... 2-17 106.26.020 - Purposes of Commercial and Industrial Zoning Districts ................................................................ 2-17 106.26.030 - Commercial and Industrial District Land Uses and Permit Requirements ...................................... 2-18 106.26.040 - Commercial and Industrial District General Development Standards ............................................. 2-23 Chapter 106.28 - Special Purpose and Overlay Zoning Districts .............................................................................. 2-25 106.28.010 - Purpose ........................................................................................................................................... 2-25 106.28.020 - Applicability of Overlay Zoning Districts .......................................................................................... 2-25 106.28.030 - Special Planning Area (SPA) Zoning District .................................................................................. 2-25 106.28.040 - Corridor (COR) Overlay Zoning District .......................................................................................... 2-27 106.28.050 – Sunrise MarketPlace (SMP) Overlay Zoning District...................................................................... 2-32 ITEM 11 Agenda Packet Page 64
CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE Contents
Article 2 - Zoning Districts & Allowable Land Uses
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CHAPTER 106.20 - ZONING MAP

ZONING MAP
Sections:
106.20.010 - Purpose
106.20.020 - Zoning Map and Zoning Districts
106.20.010 - Purpose 106.20.010
This Chapter establishes the zoning districts applied to property within the City and adopts the City's Zoning Map. 106.20.020 - Zoning Map and Zoning Districts 106.20.020 The Council hereby adopts the City of Citrus Heights Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Code by reference as though it were fully included here.

A. Zoning districts established. The City of Citrus Heights shall be divided into zoning districts that implement the Citrus Heights General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the Zoning Map.

B. Interpretation of zoning district boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the location of the boundary shall be determined by the Director as follows.

1. Where a zoning district boundary approximately follows a lot, alley, or street line, the lot line and street and alley centerlines shall be construed as the district boundary;

2. If a zoning district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the vacated or abandoned street or alley.

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CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE Contents
Article 2 - Zoning Districts & Allowable Land Uses
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TABLE 2-1 - ZONING DISTRICTS
Zoning District
Symbol Name of Zoning District
General Plan Land Use Designation
Implemented by Zoning District
Residential Districts
RD-1, 2, 3, 4 RD-1, 2, 3, 4 Very Low Density Residential RD-5, 7 RD-5, 7 Low Density Residential
RD-10, 15, 20 RD-10, 15, 20 Medium Density Residential
RD-25, 30 RD-25, 30 High Density Residential
MH Mobile Home Medium Density Residential
Commercial and Industrial Districts
BP Business and Professional Office Business Professional LC Limited Commercial General Commercial
SC Shopping Center General Commercial
GC General Commercial General Commercial
AC Auto Commercial General Commercial
CR Commercial Recreation Open Space
MP Industrial Office Park Industrial
Special Purpose Districts
O Recreation Open Space/Public
SPA Special Planning Area All
Overlay/Combining Districts
COR Corridor Overlay Transition Overlay
ITEM 11 Agenda Packet Page 67
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CHAPTER 106.22 - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
Sections:
106.22.010 - Purpose
106.22.020 - General Requirements for Development and New Land Uses 106.22.030 - Allowable Land Uses and Permit Requirements 106.22.040 - Exemptions from Planning Permit Requirements 106.22.050 - Temporary Uses
106.22.010 - Purpose 106.22.010
This Chapter describes the City’s requirements for the approval of proposed development and new land uses. The permit requirements established by this Zoning Code for specific land uses are in Chapters 106.24 through 106.30. 106.22.020 - General Requirements for Development and New Land Uses 106.22.020 Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

A. Allowable use. The land use must be allowed by this Zoning Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 106.22.030 (Allowable Land Uses and Permit Requirements).

B. Permit and approval requirements. Any planning permit or other approval required by Section 106.22.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 106.22.040 (Exemptions from Planning Permit Requirements).

C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Chapter, the provisions of Article 3 (Site Planning and Project Design Standards), and any applicable conditions imposed by a previously granted planning permit.

D. Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the City’s subdivision ordinances. 106.22.030 - Allowable Land Uses and Permit Requirements 106.22.030 A. Allowable land uses. The uses of land allowed by this Zoning Code in each zoning district are listed in Chapters 106.24,Table 2-2, and 106.26, Table 2-5, together with the type of planning permit required for each use. Each land use listed in Tables 2-2 and 2-5 is defined in Article 8 (Glossary).

1. Establishment of an allowable use.
a. Any one or more land uses identified by Tables 2-2 and 2-5 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirements of Subsection B., and compliance with all applicable requirements of this Zoning Code.
b. Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B. for any individual use. For example, a new building proposed in the BP zoning district with a health club ITEM 11 Agenda Packet Page 68
CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE Development and Land Use Approval Requirements 106.22.030 Article 2 - Zoning Districts & Allowable Land Uses
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on the ground floor and professional offices on the second floor would require Use Permit (UP) approval because Table 2-5 requires Use Permit approval for "fitness/health facility," even though an "Office" is listed in the BP zone as a permitted use, requiring only a Zoning Clearance.

2. Use not listed.
a. A land use that is not listed in Tables 2-2 or 2-5, and is determined by the Director to not be included in Article 8 (Glossary) under the definition of a listed land use is not allowed within the City, except as otherwise provided by Subsection A.3, or Section 106.22.040 (Exemptions from Planning Permit Requirements).
b. A land use that is not listed in the tables within a particular zoning district is not allowed within that zoning district, except as otherwise provided in Subsection A.3, or Section 106.22.040 (Exemptions from Planning Permit Requirements).

3. Similar and compatible use may be allowed. The Director may determine that a proposed use not listed in this Article is allowable as follows:
a. Required findings. The Director may determine that a proposed use is similar to and compatible with a listed use and may be allowed only after first making all of the following findings:
(1) The characteristics of, and activities associated with, the use are similar to one or more of the listed uses and will not involve a greater intensity than the uses listed in the applicable zoning district;
(2) The use will be consistent with the purposes of the applicable zoning district; (3) The use will be consistent with the General Plan and any applicable specific plan; (4) The use will be compatible with the other uses allowed in the district; and (5) The use is not listed as allowable in another zoning district.

A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.
b. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.
c. Referral for determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting. d. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 106.72 (Appeals).

B. Permit requirements. Tables 2-2 and 2-5 within Chapters 106.24 and 106.26 provide for land uses that are:

1. Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a Zoning Clearance (Section 106.62.020). These are shown as "P" uses in the tables;

2. Allowed subject to the approval of a Minor Use Permit (Section 106.62.050), and shown as "MUP" uses in the tables;
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3. Allowed subject to the approval of a Use Permit (Section 106.62.050), and shown as "UP" uses in the tables;

4. Allowed subject to the type of City approval required by a specific provision of Chapter 106.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and

5. Not allowed in particular zoning districts.

Note: a land use authorized through the approval of a Zoning Clearance, Minor Use Permit, or Use Permit may also require Design Review approval (Section 106.62.040), a Building Permit, or other permit required by the Municipal Code.
106.22.040 - Exemptions from Planning Permit Requirements 106.22.040 The planning permit requirements of this Zoning Code do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all zoning districts subject to compliance with this Section.

A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B. below are exempt from the planning permit requirements of this Zoning Code only when:

1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Article (Zoning Districts and Allowable Land Uses), Article 3 (Site Planning and Project Design Standards), and, where applicable, Chapter 106.70 (Nonconforming Uses, Structures, and Parcels); and

2. Any permit or approval required by regulations other than this Zoning Code is obtained (for example, a Building Permit).

B. Exempt activities and land uses. The following are exempt from the planning permit requirements of Tables 2-2 and 2-5 when in compliance with Subsection A. above.

1. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit.

2. Fences and walls. See Section 106.30.050 (Fences and Walls).

3. Interior remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

4. Repairs and maintenance.
a. Single dwellings. Ordinary repairs to, and maintenance of single dwellings, provided that the work does not change the approved land use or structure.
b. Multi-unit dwellings, and non-residential structures. Ordinary repairs to, and maintenance of multi-unit residential and non-residential structures, if:
(1) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and
(2) Any exterior repairs employ the same design, materials, and color as the original construction.

5. Small, portable residential accessory structures. A single portable structure per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that are exempt from ITEM 11 Agenda Packet Page 70
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Building Permit requirements in compliance with the Municipal Code and the Uniform Building Code.

Additional structures may be approved in compliance with Section 106.42.200 (Residential Accessory Uses and Structures), where allowed by the applicable zoning district. All accessory structures shall comply with the maximum lot coverage requirements of the applicable zoning district.

6. Solar collectors. The addition of solar collectors to the roof of a building, provided that the collectors comply with applicable height limit requirements.

7. Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth.

8. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zoning district.

These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. See Section 106.30.120 for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 106.44 (Telecommunications Facilities).
106.22.050 - Temporary Uses 106.22.050
Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 106.62.030 (Temporary Use Permit).

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CHAPTER 106.24 - RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS

RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS
Sections:
106.24.010 - Purpose
106.24.020 - Purposes of the Residential and Open Space Zoning Districts 106.24.030 - Residential and Open Space District Allowable Land Uses and Permit Requirements 106.24.040 - Residential and Open Space District Subdivision Standards 106.24.050 - Residential and Open Space District Residential Density Standards 106.24.060 - Residential and Open Space District Site Planning and Building Standards 106.24.010 - Purpose 106.24.010
This Chapter lists the land uses that may be allowed within the residential and open space zoning districts established by Section 106.20.020 (Zoning Map and Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size. 106.24.020 - Purposes of the Residential and Open Space Zoning Districts 106.24.020 The purposes of the individual residential zoning districts and the manner in which they are applied are as follows.

A. RD-1 through RD-4 (Very Low Density Residential) zoning districts. The RD-1 through RD-4 districts are applied to areas appropriate for large-lots and detached single dwellings, together with hobby farming and keeping of animals, public and quasi-public uses, and similar and compatible uses. The RD-1 through RD-4 zoning districts are consistent with and implement the Very Low Density Residential land use designation of the General Plan.

B. RD-5 and RD-7 (Low Density Residential) zoning districts. The RD-5 and RD-7 districts are applied to areas appropriate for detached single dwellings, duplexes in specified circumstances, and related, compatible uses. The RD-5 and RD-7 zoning districts are consistent with and implement the Low Density Residential land use designation of the General Plan.

C. RD-10 through RD-20 (Medium Density Residential) zoning districts. The RD-10 through RD-20 districts are applied to areas appropriate for a variety of housing types, including small-lot single dwellings, and various types of multi-unit housing (for example, duplexes, triplexes, and apartments). The RD-10 through RD-20 zoning districts are consistent with and implement the Medium Density Residential land use designation of the General Plan.

D. RD-25 and RD-30 (High Density Residential) zoning district. The RD-25 and RD-30 districts are applied to areas appropriate for various types of small lot housing products, multi-unit housing, including duplexes, group houses, and apartments. The RD-25 and RD-30 zoning districts are consistent with and implement the High Density Residential land use designation of the General Plan.

E. MH (Mobile Home) zoning district. The MH district is applied to areas appropriate for mobile home parks and manufactured housing. The MH zoning district is consistent with and implements the Medium Density Residential land use designation of the General Plan.

F. O (Recreation/Open Space) zoning district. The O zoning district is applied to open space and scenic areas, waterways, and other areas of recreational value to protect the physical, social, recreational, aesthetic, and economic resources of the City. Land uses allowed in the O zoning district will encourage and protect the City’s tourist and recreation resources. The O zoning district is consistent with and implements the Open Space and Public land use designations of the General Plan.

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106.24.030 - Residential and Open Space District Allowable Land Uses and Permit Requirements 106.24.030
A. General permit requirements. Table 2-2 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the planning permit required to establish each use, in compliance with Section 106.22.030 (Allowable Land Uses and Permit Requirements).

B. Permit requirements for certain specific land uses. Where the last column in Table 2-2 ("Specific Use Regulations") includes a section number, the referenced section determines whether the use requires a Zoning Clearance, Minor Use Permit, or Use Permit. The referenced section may also refer to other requirements and standards applicable to the use.

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TABLE 2-2 P Permitted use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Residential and Open Space Zones UP Conditional use, Use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed

PERMIT REQUIRED BY ZONE
LAND USE (1) RD- RD- RD- RD- Specific Use
1 - 2 3 - 4 5 - 7 15 - 30 Regulations

AGRICULTURAL & OPEN SPACE USES
Animal keeping S S S S S S S 106.42.030
Beekeeping P P P — — — P 106.42.030
Community garden P P P P P P P
Crop production, horticulture, orchard, vineyard P P — — — — P Medical marijuana cultivation S S S S S S S 50-702
Non-medical marijuana cultivation S S S S S S S 50-802

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Equestrian facility UP UP — — — — UP 106.42.030
Golf course UP UP — — — — P
Meeting facility, public or private UP UP UP UP UP UP — Park or playground, public P P P P P P P
Private residential recreation facility MUP MUP MUP MUP MUP MUP MUP School, elementary through secondary UP UP UP UP UP — —

RESIDENTIAL USES
Accessory dwelling unit P P P P P — P 106.42.015
Condominium conversion — — UP UP UP — — 106.42.050, 060 Condominium, townhouse, row house, or cluster development — — — P P — — 106.42.050 Duplex - Corner parcel — — P P P — —
Duplex - Interior parcel — — UP P P — — 106.42.150
Home occupation P P P P P P P 106.42.100
Mobile home park UP UP UP UP UP UP — 106.42.140
Mobile/manufactured home P P P P P P P 106.42.140
Multi-unit dwelling - 3 or more units — — — P P — — 106.42.150 Residential accessory uses and structures P P P P P P P 106.42.200 Residential care facility, 6 or fewer clients P P P P P P P Residential care facility, 7 to 20 clients UP UP UP UP P — — Residential care facility, 21 or more clients — — — UP UP — — Rooming or boarding house — — — UP UP — —
Single dwelling P P P P P P MUP 106.42.220
Small Lot Housing Product — — — S S — — 106.42.230
Supportive/Transitional Housing, 6 or fewer clients P P P P P P P Supportive/Transitional Housing, 7 or more clients UP UP UP UP UP — —

RETAIL TRADE
Accessory retail and services — — — MUP MUP MUP —
Key to Zone Symbols
RD Residential O Recreation/Open Space
RD-10 MH O
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TABLE 2-2 P Permitted use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Residential and Open Space Zones UP Conditional use, Use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed

PERMIT REQUIRED BY ZONE
LAND USE (1) RD- RD- RD- RD- Specific Use
1 - 2 3 - 4 5 - 7 15 - 30 Regulations

SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
Medical services - Extended care UP UP UP UP UP — —

SERVICES
Adult day care - 6 or fewer clients P P P P P P —
Adult day care - 7 or more clients UP UP UP UP UP UP —
Cemetery UP UP UP UP UP — UP
Child day care - Small and large family day care homes P P P P P P P Child day care center UP UP UP UP UP UP —
Lodging - Bed and breakfast inn (B&B) UP UP UP UP UP — — Public safety facility P P P P P P P

TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Telecommunications facility S S S S S S S 106.44
Transmission facility P P P P P P P 106.42.180
Utility facility P P P P P P P
Utility infrastructure P P P P P P P
Key to Zone Symbols
RD Residential O Recreation/Open Space
MH Mobile Home
Notes:
(1) See Article 8 for land use definitions.

RD-10 MH O
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106.24.040 - Residential and Open Space District Subdivision Standards 106.24.040 Each subdivision shall comply with the minimum parcel size requirements in Table 2-3. Minimum lot depth shall be determined by the review authority in the subdivision review process. Subdividers are advised that Chapter 106.42 (Standards for Specific Land Uses) may require a specific land use to be on a parcel larger than required by this Section.

TABLE 2-3 - MINIMUM PARCEL SIZE STANDARDS
Zone Lot Type (2)
Minimum Parcel Size (1)
Net Area (3) Width
RD-1 All 1 acre 75 ft
RD-2 All 20,000 sf 75 ft
RD-3 All 10,000 sf 65 ft
RD-4 All 8,500 sf 65 ft
RD-5 Single family – Interior lot 5,000 sf 50 ft
Single family – Corner lot 6,000 sf 60 ft
Duplex – Interior lot 6,000 sf 60 ft
Duplex – Corner lot 7,000 sf 70 ft
RD-7 Single family – Interior lot 4,000 sf 40 ft
Single family – Corner lot 5,000 sf 50 ft
Duplex – Interior lot 6,000 sf 60 ft
Duplex – Corner lot 7,000 sf 70 ft
RD-10, 15 Single family – Interior lot 3,000 sf 40 ft
Single family – Corner lot 4,000 sf 50 ft
Duplex – Interior lot 4,000 sf 60 ft
Duplex – Corner lot 5,000 sf 70 ft
Multi-unit – Interior lot 5,000 sf 50 ft
Multi-unit – Corner lot 6,000 sf 60 ft
RD-20, 25,
30 Single family – Interior lot 2,500 sf 40 ft
Single family – Corner lot 3,000 sf 40 ft
Duplex – Interior lot 3,500 sf 40 ft
Duplex – Corner lot 4,000 sf 40 ft
Multi-unit – Interior lot 5,000 sf 50 ft
Multi-unit – Corner lot 6,000 sf 60 ft
MH See Section 106.42.140 ( Mobile Homes and Mobile Home Parks)
O All 3 acres 200 ft
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Notes:
(1) A condominium, townhouse, small lot housing product development or common interest project may be subdivided with smaller parcels for ownership purposes, with the minimum lot area determined through subdivision review, provided that the overall development site complies with the minimum parcel size, and the total number of any dwellings is in compliance with the maximum density for the applicable zone.
(2) Minimum parcel size requirements for lot types not listed shall be determined by the review authority in the subdivision process.
(3) Net area is the gross area of the parcel, subtracting any existing or proposed access easements within the parcel, but including drainage and public utility easements. 106.24.050 - Residential and Open Space District Residential Density Standards 106.24.050 Each residential development shall not exceed the following maximum residential density (number of dwelling units per acre) requirement for the applicable zoning district, except in compliance with Chapter 106.32 (Affordable Housing Requirements and Incentives).

A. RD districts.

1. Maximum density - All RD districts. For a subdivision of five lots or more, the maximum allowable residential density shall be as identified for the applicable residential zoning district on the Zoning Map by the numerical suffix to the "RD" zoning symbol, which expresses the maximum allowable number of dwelling units per gross acre. For example, RD-1 allows a maximum of one dwelling per acre, RD-15 allows a maximum of 15 dwellings per acre, etc. This requirement does not apply to a proposed subdivision of four or fewer lots.

2. Maximum density - RD-1 through RD-4. No more than one detached single family dwelling is allowed on a single parcel in the RD-1, 2, 3, and 4 zones, provided that an accessory dwelling unit may also be allowed in compliance with Section 106.42.015 (Accessory Dwelling Units).

3. Minimum density - RD-20 and above. Within the RD-20 and higher density zoning districts, each proposed residential development shall provide a minimum of 50 percent of the maximum density of the applicable zoning district. For example, a project in the RD-20 zone shall provide a minimum density of 10 units per acre. This standard shall not apply to parcels under 2 acres in net area prior to subdivision.

B. MH district.

1. The maximum allowable residential density within the MH zoning district is established for mobile home parks by Section 106.42.140 (Mobile Homes and Mobile Home Parks).

2. The maximum residential density for residential uses other than a mobile home park is one dwelling unit per parcel.

C. O district. The maximum allowable residential density within the O zoning district is one dwelling unit per parcel.

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106.24.060 - Residential and Open Space District Site Planning and Building Standards 106.24.060
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2-4, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and Project Design Standards) of this Zoning Code.

TABLE 2-4 - RESIDENTIAL AND OPEN SPACE DISTRICT DEVELOPMENT STANDARDS Requirement by Zoning District
Development Feature RD-1, 2, 3, 4 RD-5, 7 RD-10, 15 RD-20, 25, 30 MH O Setbacks Minimum setbacks required. See Section 106.30.100 for setback measurement instructions, and exceptions to these requirements.

Front 20 ft 15 ft
20 ft for garage facade
25 ft 20 ft 20 ft
Side - Interior (each) 5 ft 5 ft 1 story - 10 ft
2 story - 20 ft
3 story - 30 ft
10 ft 10 ft
Side - Corner 15 ft 12.5 ft 25 ft 20 ft 20 ft
Rear RD-1, 2 - 25 ft
RD-3, 4 - 20 ft
20 ft 20 ft 10 ft 10 ft
Garage 20 ft from a garage door to the back of the nearest sidewalk, or the front property line where there is no sidewalk.

Fences See Section 106.30.050 (Fences and Walls)
Accessory structures See 106.42.200 (Residential Accessory Uses and Structures) Lot coverage (1) Maximum percentage of total net lot area occupied by primary structures, all accessory structures, and accessory dwelling units, but not including swimming pools.

Maximum coverage 30% 50% 50% 60% 40% 5%
Floor area ratio (FAR) Maximum floor area ratio for non-residential structures.

0.40 0.40 0.50 0.50 0.50 0.10
Height limit Maximum allowable height of structures. See Section 106.30.060 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. See Section 106.42.150 for special height limits for multi-unit projects.

Maximum height 30 ft 40 ft 50 ft 30 ft
Landscaping See Chapter 106.34 (Landscaping Standards)
Parking See Chapter 106.36 (Parking and Loading)
Signs See Chapter 106.38 (Signs)
Notes:
(1) Setbacks and Lot Coverages for Small Lot Housing Product (RD-10 through RD-30) shall be determined by the Review Authority or as specified in 106.42.230
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CHAPTER 106.26 - COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS

COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:
106.26.010 - Purpose
106.26.020 - Purposes of Commercial and Industrial Zoning Districts 106.26.030 - Commercial and Industrial District Land Uses and Permit Requirements 106.26.040 - Commercial and Industrial District General Development Standards 106.26.010 - Purpose 106.26.010
This Chapter lists the land uses that may be allowed within the commercial and industrial zoning districts established by Section 106.20.020 (Zoning Map and Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size. 106.26.020 - Purposes of Commercial and Industrial Zoning Districts 106.26.020 The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows.

A. BP (Business and Professional Office) district. The BP zoning district is applied to areas appropriate for various types of office uses, together with similar and related compatible uses. Multi-unit housing and mixed-use projects may be allowed. The BP zoning district is consistent with and implements the Business Professional land use designation of the General Plan.

B. LC (Limited Commercial) district. The LC zoning district is applied to areas appropriate for a mixture of land uses, with primarily small-scale retail and pedestrian-oriented office uses on the ground floors of commercial structures, and residential units allowed on upper floors. The LC zoning district is consistent with and implements the General Commercial land use designation of the General Plan.

C. SC (Shopping Center) district. The SC zoning district is applied to areas appropriate for a wide range of retail and service land uses, promoting the unified grouping of these uses with convenient off-street parking and loading.

Residential uses may also be accommodated as part of mixed use projects. Projects within this zone are intended to be designed to be an integral part of the surrounding neighborhood, and the larger community. The SC zoning district is consistent with the General Commercial land use designation of the General Plan.

D. GC (General Commercial) district. The GC zoning district is applied to areas appropriate for the general commercial and heavier types of commercial uses that would not be appropriate in the more restrictive commercial zones. Multi-unit housing and mixed-use projects may be allowed. The GC zoning district is consistent with the General Commercial land use designation of the General Plan.

E. AC (Auto Commercial) district. The AC zoning district is applied to areas appropriate for providing automotive sales and services, and compatible related uses. The zone is intended to promote the unified grouping of autooriented uses in locations where they will be convenient to the community. The AC zoning district is consistent with the General Commercial land use designation of the General Plan.

F. CR (Commercial Recreation). The CR zoning district is applied to areas for commercial uses normally considered to be recreation oriented and for commercial uses associated with major recreation areas. The CR zoning district is consistent with and implements the open space land use designation of the General Plan.

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G. MP (Industrial/Office Park) district. The MP zoning district is applied to areas appropriate for light industrial and business park land uses, including low-intensity manufacturing and assembly processes, research and development, and corporate headquarters offices. The land uses allowed and development standards required within the MP district are intended to protect adjacent areas from impacts while allowing indoor, clean, and quiet industry. Land uses in the MP zoning district are expected to be organized as a business park, with tenants that may include some commercial activities. The MP zoning district is consistent with and implements the Industrial land use designation of the General Plan.
106.26.030 - Commercial and Industrial District Land Uses and Permit Requirements 106.26.030 A. General permit requirements. Table 2-5 identifies the uses of land allowed by this Zoning Code in each commercial and industrial zoning district, and the planning permit required to establish each use, in compliance with Section 106.22.030 (Allowable Land Uses and Permit Requirements).

B. Permit requirements for certain specific land uses. Where the last column in Table 2-5 ("Specific Use Regulations") includes a section number, the referenced section determines whether the use requires a Zoning Clearance, Minor Use Permit, or Use Permit. The referenced section may also establish other requirements and standards applicable to the use.

C. Permit requirements based on scale of use. Where Table 2-5 identifies a use with an "S" and the last column in the table refers to this Subsection, the use is permitted with a Zoning Clearance if it is a building tenant that will occupy 15 percent or less of the total building floor area. Minor Use Permit approval is required when the use occupies more than 15 percent of the total floor area.

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TABLE 2-5 P Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Commercial and Industrial Zoning Districts UP Conditional use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) BP LC SC GC AC CR MP Regulations

INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Artisan/Craft Product manufacturing MUP MUP P P MUP — P Contract construction service - Indoor — — — P — — P
Contract construction service - Outdoor storage — — — MUP — — MUP Contract construction service - Outdoor work area — — — UP — — UP Manufacturing/processing - Light — — — UP — — P
Manufacturing/processing - Medium intensity — — — — — — — Manufacturing/processing - Heavy — — — — — — —
S S S S S S S 50-702
Non-medical marijuana cultivation S S S S S S S 50-802
Recycling - Small collection facility — MUP MUP MUP — — MUP 106.42.190 Storage - Outdoor — — — UP — — UP 106.42.170
Storage - Personal storage facility (mini-storage) — UP — UP — — MUP Storage - RVs, boats — — — UP — UP —
Storage - Warehouse, indoor storage — — — P — — P
Wholesaling and distribution — — — P — — P

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Adult entertainment business — S — S — — S 106.40
Bingo parlor — — — UP — — — 10.81 - 10.100
Card room — — UP UP — — — 10.26 - 10.54
Commercial recreation facility - Indoor, Minor — P P P — P P Commercial recreation facility - Indoor, Major — UP UP UP — MUP UP Commercial recreation facility - Outdoor UP — — UP — MUP UP Conference/convention facility UP — UP UP — UP —
Fitness/health facility UP P P P — P UP
Golf Course — — — UP — MUP UP
Library, museum P P P P — — —
Meeting facility, public or private UP UP UP UP — — UP
Park, playground P P P P — P UP
School - College, university UP UP UP UP — — —
School - Elementary, middle, secondary UP UP UP UP — — — School - Specialized education/training - Minor P P P P — — P School - Specialized education/training -Major UP UP UP UP — — UP Sports and entertainment assembly facility — — UP MUP — MUP MUP Studio - Art, dance, martial arts, music, etc. S P P P — — S 106.26.030.C Theater — — MUP MUP — MUP —
Key to Zone Symbols
BP Business and Professional Office AC Auto Commercial
LC Limited Commercial CR Commercial Recreation
SC Shopping Center MP Industrial/Office Park
GC General Commercial Notes:

Medical marijuana cultivation
(1) See Article 8 for land use definitions.

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TABLE 2-5 P Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Commercial and Industrial Zoning Districts UP Conditional use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) BP LC SC GC AC CR MP Regulations

RESIDENTIAL USES
Emergency shelter — — — S — — — 106.42.090
Home occupation P P P P — — — 106.42.100
Live/work unit MUP MUP UP UP — — — 106.42.110
Mixed use project residential component S S S S S — — 106.42.130 Multi-unit dwelling P P P P — — — 106.42.150
Single room occupancy (SRO) facility — — — UP — — —
Small Lot Housing Product S S S S — — — 106.42.230
Work/live unit UP — UP UP — — UP 106.42.110

RETAIL TRADE
Accessory retail uses P P P P P P P
Alcoholic beverage sales — S S S — S — 106.42.020
— UP UP UP — UP — 106.42.020
Brew Pub/Tavern — P P P — — — 106.42.020
Building/landscape materials sales — — P P — — —
Construction and heavy equipment sales and rental — — — UP P — P Convenience store S S S S S — S 106.42.070
Drive-through retail — UP UP UP — — — 106.42.080
Fuel dealer (propane for home and farm use, etc.) — — — P — — — General retail — P P P P — —
Groceries, specialty foods — P P P — — —
Mixed use project — S S S S — — 106.42.130
Night club — — UP UP — — —
Office-supporting retail S P P P — — S 106.26.030.C
Outdoor displays and sales — P P P P — — 106.42.160
Public auction, flea market — — — UP — — —
Restaurant, café, coffee shop S P P P P MUP S 106.26.030.C Smoking paraphernalia establishment S S S S S S S 106.42.230 Wood yard (firewood sales) — — — MUP — — —
Key to Zone Symbols
BP Business and Professional Office AC Auto Commercial
LC Limited Commercial CR Commercial Recreation
SC Shopping Center MP Industrial/Office Park
GC General Commercial
Notes:
(1) See Article 8 for land use definitions.

Bar
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TABLE 2-5 P Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Commercial and Industrial Zoning Districts UP Conditional use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) BP LC SC GC AC CR MP Regulations

SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM - Outdoor MUP MUP MUP MUP MUP MUP MUP 106.42.040
ATM - Within a building P P P P P P P
Bank, financial services P P P P — — P
Business support service P P P P — — P
Medical marijuana dispensary — — — — — — — 106.42.120
Medical services - Doctor office, clinic, or urgent care P P P P — — P Medical services - Extended care UP P — P — — —
Medical services - Hospital UP — — UP — — —
Medical services - Laboratory P P P P — — P
Medical services - Substance abuse treatment clinic — — — UP — — — 106.42.240 Office P P P P — — P

SERVICES - GENERAL
Adult day care UP P P P — — —
Catering service — P P P — — —
Child day care center MUP MUP MUP MUP — — MUP
Drive-through service — UP UP UP — — —
Equipment rental - Indoor — — P P — — P
Equipment rental - Outdoor — — — MUP — — MUP
Kennel, animal boarding — UP UP UP — — —
Lodging - Bed & breakfast inn (B&B) — UP UP UP — UP —
Lodging - Hotel or motel — — UP UP — UP —
Massage therapy P P P P — — — 22-596
Maintenance service - Client site services — P — P — — P 10.4.36 Mortuary, funeral home UP UP — P — — —
Personal services P P P P — — S 106.26.030.C
Personal services - Restricted — MUP MUP MUP — — —
Public facilities P P P P P P P
Repair service - Equipment, large appliances, etc. — — — P — — P Veterninary clinic, animal hospital UP UP P P — — P
Key to Zone Symbols
BP Business and Professional Office AC Auto Commercial
LC Limited Commercial CR Commercial Recreation
SC Shopping Center MP Industrial/Office Park
GC General Commercial
Notes:
(1) See Article 8 for land use definitions.

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Commercial Zoning Districts 106.26.030
TABLE 2-5 P Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Commercial and Industrial Zoning Districts UP Conditional use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) BP LC SC GC AC CR MP Regulations

TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Ambulance, taxi, and specialized transportation dispatch facility — MUP MUP MUP MUP — MUP Broadcasting studio P P P P — — P
Freight terminal — — — MUP — — P
Parking facility, public or commercial, surface MUP — MUP MUP MUP MUP MUP Parking facility, public or commercial, structured UP — UP UP UP UP UP Pipeline, utility transmission or distribution line UP UP UP UP UP UP UP Telecommunications facility S S S S S S S 106.44
Transit station or terminal — UP UP UP UP — —
Utility facility UP UP UP UP UP UP UP
Utility infrastructure P P P P P P P
Vehicle storage — — — UP UP — —

VEHICLE SALES AND SERVICES
Auto parts sales with no installation services — P P P P — — Auto/vehicle sales and rental — — — MUP P — —
Auto/vehicle sales, wholesale - 2 cars or less at any time P P P P — — P Auto/vehicle sales, wholesale - 3 or more cars, other vehicles — — — MUP P — — Mobile home, boat, or RV sales — — — MUP P — —
Service station — UP UP UP UP — UP
Vehicle services - Major repair/body work — — UP UP MUP — — Vehicle services - Minor maintenance/repair — UP UP P P — — Vehicle storage — — — UP UP — —
Key to Zone Symbols
BP Business and Professional Office AC Auto Commercial
LC Limited Commercial CR Commercial Recreation
SC Shopping Center MP Industrial/Office Park
GC General Commercial
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106.26.040 - Commercial and Industrial District General Development Standards 106.26.040 A. General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-6 and 2-7 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and Project Design Standards) of this Zoning Code.

TABLE 2-6 - BP, SC, LC, AND GC DISTRICT DEVELOPMENT STANDARDS Requirement by Zoning District
Development Feature BP
Business and
Professional Office
LC
Limited
Commercial
SC
Shopping
Center
GC
General
Commercial
Minimum lot size Minimum area and dimensions for parcels proposed in new subdivisions.

Area, width, depth No minimum
Residential density Maximum number of dwelling units allowed in a project. The actual number of units allowed will be determined by the City through subdivision or planning permit approval, as applicable.

Maximum density 20 units per net acre 20 units per net acre 40 units per net acre 40 units per net acre Setbacks (3) Minimum setbacks required for primary structures. See Section 106.30.100 for setback measurement instructions, and exceptions to these requirements.

Front 25 ft (1) 20 ft (1) 20 ft (1) 20 ft (1)
Side - Interior
(each)
20 ft (2) 25 ft (2) 25 ft (2) 25 ft (2)
Side - Corner 25 ft (1) 20 ft (1) 20 ft (1) 20 ft (1)
Rear 25 ft (2) 25 ft (2) 25 ft (2) 25 ft (2)
Garage 20 ft from a garage door to the back of the nearest sidewalk Floor area ratio (FAR) Maximum floor area ratio allowed for non-residential uses.

0.50 0.60 0.60 0.60
Height limit Maximum allowable height of structures. See Section 106.30.060 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.

Maximum height 24 ft and 2 stories within 50 feet of a residential zone, 50 ft and 4 stories elsewhere.

Landscaping See Chapter 106.34 (Landscaping Standards).

Parking See Chapter 106.36 (Parking and Loading).

Signs See Chapter 106.38 (Signs).

Notes:
(1) Setback area shall be used only for landscaping and pedestrian space. The front and/or side-corner setback may be reduced or eliminated by the review authority to accommodate the placement of a building at the back of the street sidewalk, and/or pedestrian space including outdoor sitting or eating areas. May not be reduced to allow parking closer to street.
(2) Setback only required when adjacent to a residential or open space zone. (3) Setback for Small Lot Housing Product shall be determined by the Review Authority or as specified in 106.42.030 ITEM 11 Agenda Packet Page 86
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TABLE 2-7 - AC, CR, AND MP DISTRICT DEVELOPMENT STANDARDS Requirement by Zoning District
Development Feature AC
Auto Commercial
CR
Commercial Recreation
MP
Industrial/Office Park
Minimum lot size Minimum area and dimensions for parcels proposed in new subdivisions.

Area, width, depth No minimum
Residential density Maximum number of dwelling units allowed in a project. The actual number of units allowed will be determined by the City through subdivision or planning permit approval, as applicable.

Maximum density 20 units per acre No dwellings allowed; 1 lodging unit per
500 sf of site area
None allowed
Setbacks Minimum and, where noted, maximum setbacks required for primary structures. See Section 106.30.100 for setback measurement instructions, and exceptions to these requirements.

Front 20 ft (1) 50 ft (1) 25 ft
Side - Interior (each) 25 ft (2) 25 ft (2) 50 ft adjacent to a residential zone, 20 ft elsewhere.

Side - Corner 20 ft (1) 50 ft (1) 25 ft
Rear 25 ft (2) 25 ft (2) 50 ft adjacent to a residential zone, 20 ft elsewhere.

Floor area ratio (FAR) Maximum FAR for non-residential structures

0.60 0.10 0.50
Height limit Maximum allowable height of structures. See Section 106.30.060 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.

Maximum height 24 ft if within 100 feet of a residential zone, 40 ft elsewhere. 50 ft Landscaping See Chapter 106.34 (Landscaping Standards).

Parking See Chapter 106.36 (Parking and Loading).

Signs See Chapter 106.38 (Signs).

Notes:
(1) Setback area shall be used only for landscaping and pedestrian space. The front and/or side-corner setback may be reduced or eliminated by the review authority to accommodate the placement of a building at the back of the street sidewalk, and/or pedestrian space including outdoor sitting or eating areas. May not be reduced to allow parking closer to street. (2) Setback only required when adjacent to a residential or open space zone.

B. Location of allowable activities. Within all commercial and industrial zones, no equipment, material, furniture, or appliances shall be stored and/or displayed outside of an enclosed building, or outside of a solid screen fenced area and be visible from a public street, unless they are normally used outdoors.

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CHAPTER 106.28 - SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS

SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS
Sections:
106.28.010 - Purpose
106.28.020 - Applicability of Overlay Zoning Districts
106.28.030 - Special Planning Area (SPA) Zoning District 106.28.040 - Corridor Overlay Zoning District
106.28.010 - Purpose 106.28.010
The provisions of this Chapter regulate development and new land uses in the special purpose and overlay zoning districts established by Section 106.20.020 (Zoning Map and Zoning Districts), and provide guidance for development within the overlay zoning districts in the form of standards that apply to proposed development in addition to the standards and regulations of the primary zoning district, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.
106.28.020 - Applicability of Overlay Zoning Districts 106.28.020 The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. Any perceived conflict between the provisions of this Chapter and any other provision of this Zoning Code shall be resolved in compliance with Chapter 106.12 (Interpretation of Zoning Code Provisions).

A. Mapping of overlay districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Section 106.20.020 (Zoning Map and Zoning Districts), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map. The overlay districts are applied to property through the rezoning process (Chapter 106.74).

B. Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific overlay district:

1. Any land use normally allowed in the primary zoning district by this Article may be allowed within an overlay district, subject to any additional requirements of the overlay district;

2. Development and new land uses within an overlay district shall obtain the zoning approvals required by this Article for the primary zoning district; and

3. Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district, all other applicable provisions of this Zoning Code (e.g., Article 3 - Site Planning and Project Design Standards), and the City’s Design Guidelines. 106.28.030 - Special Planning Area (SPA) Zoning District 106.28.030 A. Purpose. The SPA zoning district is intended to provide for flexibility in the application of Zoning Code standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Zoning Code standards would produce without adjustment. The City expects each project within a Special Planning Area to be of obvious, significantly higher quality than would be achieved through conventional design practices and standards.

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B. Allowable land uses and planning permit requirements. Allowable land uses within each SPA district are specified by each SPA adopting ordinance.

C. Zoning district development standards. Development standards that apply in a particular SPA district are as specified by the applicable SPA adopting ordinance.

D. Required findings. The Commission may recommend the approval of a requested rezoning to apply the SPA zoning district, and the Council may approve rezoning to SPA only after first making all of the following findings, in addition to those required for a rezoning by Section 106.74.060 (Findings).

1. The project is consistent with the General Plan and any applicable specific plan;

2. The project complies with all applicable provisions of this Zoning Code other than those modified by the SPA ordinance;

3. The approved modifications to the development standards of this Zoning Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;

4. The project complies with all applicable provisions of the City’s Design Guidelines;

5. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;

6. The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood;

7. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;

8. The site is adequate for the project in terms of size, shape, topography, and circumstances; and

9. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

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106.28.040 - Corridor (COR) Overlay Zoning District 106.28.040 A. Purpose. Portions of some major transportation corridors, where residential development fronts directly onto the street, have been identified in the General Plan as "transitional." These are areas that present special challenges for continued single-family residential uses, and where certain "light" ("low-impact" and/or "low intensity") commercial uses and a mixture of residential and light commercial uses are appropriate.

1. The Corridor (COR) overlay zone is to be applied in conjunction with a residential zoning district to expand on the uses and standards of that zoning district. The purpose of the COR overlay is to allow existing residential uses to continue, but also to allow a mix of new residential, business service, and professional office uses that are compatible with existing single-family residential uses in identified transition areas along major transportation corridors. This overlay zone is not intended to accommodate citywide demand for office space, most of which is better met in other "traditional" office and commercial zones, nor is the purpose to allow or foster strip-commercial / retail uses.

2. The COR overlay zone is intended to accomplish the following:
a. Allow compatible use conversions that extend the economic life of the existing residential structures; b. Allow owners to justify expenditures for repairs and modernization of their residential structures; c. Create both a buffer, and a true transition, between pure residential uses and major transportation corridors;
d. Allow for the conversion of existing structures, creating economic advantages for new users; e. Allow properties to take advantage of easy access onto major streets; f. Allow properties to take advantage of visibility from major streets; and g. Develop well designed and aesthetically pleasing mixed uses.

B. Allowable land uses and permit requirements.

1. Permitted uses. The following uses are permitted within the COR overlay zone:
a. All uses listed by Article 2 (Zoning Districts and Allowable Land Uses) as permitted in the applicable residential zone, including home occupations; and
b. Non-residential uses legally in existence on or before November 13, 2005.

2. Conditional uses. The following uses are allowed within the COR overlay zone subject to Use Permit approval (Section 106.62.050).
a. All conditional uses permitted in the underlying residential zone; b. New non-residential uses that meet the development and operating standards in Subsection C., and are consistent with the purposes in Subsection A.
(1) Examples of the type of uses that would be consistent in this overlay zone include various business and professional offices including those for insurance, real estate, law, photography, and advertising.

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(2) Uses generating a high volume of traffic, and Commercial/Industrial or other uses that create heightened levels of noise, odor, or nuisance conditions for surrounding residents, are prohibited in this zone (e.g. certain retail sales; certain medical offices); c. Expansion or enlargement of non-residential uses legally in existence on or before November 13, 2005; and
d. Expansion of existing retail sales and medical offices, only if the review authority determines that the resulting traffic generation is minimal.

3. Accessory uses. The following accessory uses are permitted within the COR overlay zone:
a. All accessory uses permitted in the underlying residential zone; b. Accessory uses legally in existence on or before November 13, 2005 [the effective date of the revised Corridor overlay]; and
c. Existing residential uses shall be allowed to construct a wood fence, masonry wall or other acceptable buffering feature 10 feet back from the front property line. Landscaping shall be required in the 10- foot setback area. The design of the wall and landscaping shall comply with the traffic safety visibility area requirements of Section 106.30.060.E (Height Limits and Exceptions - Height limits at street corners). The design of the wall and landscaping shall be reviewed by the Department to ensure compatibility of design, materials, and species.

4. Prohibited uses. The following uses are prohibited within the COR overlay zone. a. Automotive uses;
b. Check cashing;
c. Eating, drinking, and lodging uses, except for bed and breakfast inns; d. Entertainment uses;
e. Food, drug, and liquor sales;
f. Kennels;
g. Liquor sales;
h. Manufacturing and processing uses;
i. Recreation equipment sales;
j. Repair services, except for small appliance and minor household equipment repair; k. Retail sales exceeding 1,000 square feet;
l. Tattoo parlors;
m. Transportation facilities and services, except for transit shelters or bus benches; n. Other uses determined by the Commission to be of a similar nature, but not specifically named in this Section.

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C. Development and operating standards. Each use requiring Use Permit approval within the COR overlay zone shall comply with each of the following standards.

1. Height. Height regulations, shall be the same as otherwise provided for within the underlying residential zone.

2. Area and setback requirements. The area, lot width and yard requirements shall be the same as those of the underlying residential zone. Setbacks for rear and side yards, for any new construction, or addition to the dwelling, for purposes of housing a conditional use, shall be twice those required for residential uses.

Front yard setbacks shall be the same as those of the underlying residential zone.

3. Subdivision requirements. The intent of the COR overlay zone is to apply only to parcels fronting on a major corridor. If there is a request to subdivide a parcel within the COR overlay zone, there shall be a zone change hearing held simultaneously, to rezone the parcel no longer fronting on the major corridor, to remove the COR designation.

4. Other required conditions. Other required conditions shall be the same as those of the underlying residential zone.

5. Driveway consolidation. Wherever possible, new uses shall provide for consolidation of driveway access through parcel consolidation or reciprocal easements.

6. Hours of operation. Traffic generating hours shall reflect the underlying residential zoning, and shall be restricted to the hours of 8:00 am to 8:00 pm, or shorter, as deemed appropriate by the Commission, through the Use Permit process, to maintain compatibility with adjoining residential uses.

7. Signs. One freestanding monument sign is allowed per parcel. Maximum area is 24 square feet. Three feet of landscaping is required in every direction from the exterior portions of any part of the monument sign.

Maximum height of the sign is six feet. Spacing of freestanding signs shall be a minimum of 50 feet from adjacent freestanding signs on adjacent parcels. Parcels that have no public street frontage shall be allowed to advertise on a freestanding sign located on a contiguous parcel which fronts on a public street. Sign area may be increased by a maximum of 12 square feet in area and shall be in addition to the sign area allowed for the parcel having public street frontage. Wall mounted tenant identification signage to guide customers to a particular office is allowed, up to a maximum of 24 inches by 36 inches. The front yard setback for signage is 10 feet.

8. Equipment. No equipment shall be used that creates electrical or electronic interference, noise, vibration, fumes, odor, glare, smoke, dust, visual blight, conditions that constitute a nuisance, or hazardous conditions not normally associated with residential uses. Each application for a conditional use shall be reviewed by the City to ensure compatibility with adjoining uses.

9. Employees, clients, patrons. The number of employees, clients, and/or patrons may be limited by the availability of on-site parking and/or by traffic considerations. New high-traffic generating uses shall not be allowed.

10. Architecture/design modification. New structures or modification of existing structures for new uses must be architecturally compatible with adjoining residential uses, and shall require the submittal of a Design Review application in conjunction with the Use Permit application, for review and approval by the Commission.

11. Parking. Parking shall be provided as required by Chapter 106.36 (Parking and Loading). The location of parking within the subject site shall be determined through Use Permit or Design Review, and shall be limited ITEM 11 Agenda Packet Page 92
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to those areas of the site which minimize parking related impacts on adjoining residences. Under no circumstances shall parking be located closer than 10 feet from any property boundary.

12. Exterior lighting. Exterior lighting shall be minimal and shall not exceed typical lighting for a residence.

Allowed lighting shall not spill-over onto nor cause glare for adjoining properties. Any lighting associated with a use requiring a Use Permit and Design Review, shall be reduced in output or turned off during nonbusiness hours. Under no circumstances shall any lighting exceed a one foot-candle level in any location along the perimeter of the subject property, nor shall any luminaire be closer than 10 feet to any property line. Exterior lighting shall also comply with Chapter 106.35 (Outdoor Lighting).

13. Walls and fencing. Masonry walls may be required along the side and rear property lines to protect adjoining residential uses, refer to section 106.30.090 (Screening). Sound walls along the street are generally not allowed except where determined by the City to be necessary to protect sensitive uses.

Landscaping shall be installed adjacent to any required masonry wall. Each wall or fence shall also comply with the requirements of Section 106.30.050 (Fences and Walls).

14. Unique environmental features. Unique environmental features of the site including creeks, trees, and original landscaping (where desirable) shall be protected and incorporated into the site plan.

15. Other applicable regulations. Each use shall comply with provisions of health code regulations, the Americans with Disabilities Act, relevant uniform building codes, applicable provisions of the Alcohol, Tobacco, and Firearms Division of the federal Department of Treasury, and all other applicable federal, state, or local regulations.

D. Approval process. Except as otherwise provided in this Section, the requirements of Section 106.62.050 (Use Permit and Minor Use Permit) shall apply.

1. Each conditional use within the COR overlay zone shall require the submittal and approval of individual Use Permit and Design Review applications. Each application shall be prepared, submitted to the Department, and scheduled for public review and hearing before the Commission in compliance with Chapters 106.60 (Permit Application Filing and Processing), and 106.62 (Permit Review and Decisions).

2. The notice of the public hearing before the Commission for the Use Permit and Design Review required by Chapter 106.76 (Public Hearings) shall be mailed to property owners within a 500 foot radius of the project site, or greater distance at the discretion of the Department.

3. Public comment shall be included as part of the record for consideration by the Commission at the public hearing.

4. Upon acceptance of a properly filed application, the Commission shall determine whether to approve, approve with conditions, or deny the application. Applicants shall receive written notice of the decision, circulate it for public review, and schedule the application for public hearing before the Commission.

5. Decisions of the Commission may be appealed to the Council in compliance with Chapter 106.72 (Appeals).

E. Required findings for approval. The approval of a conditional use allowed by Subsection B. shall require that the review authority first make all of the following findings:

1. The use is compatible with adjacent land uses;

2. The proposed site layout and building designs are compatible with adjoining residential land uses;

3. The site is of an appropriate size and configuration for the new use, and is efficiently and aesthetically designed for the proposed operations;
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4. The use complies with the development standards in Subsection C., and all applicable design guidelines; and

5. The parking design emphasizes safety, minimizes traffic congestion, avoids aesthetic impacts, and does not negatively impact pedestrian circulation.

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106.28.050 – Sunrise MarketPlace (SMP) Overlay Zoning District6.28.040 A. Purpose. The Sunrise MarketPlace is home to the majority of the City’s shopping, dining, and entertainment facilities. The Sunrise Boulevard and Greenback Lane thoroughfares bisect this important district. These roadways serve significant cut-through traffic detracting from the General Plan goals to create an inviting and distinctive identity for the Sunrise MarketPlace to promote its image as the City’s premier destination to shop, work, live and play.

Certain land uses support cut-through traffic, but are contrary to broader quality of life, redevelopment, circulation, air quality, and economic development objectives.

1. The SMP Overlay zone is to be applied in conjunction with existing zoning districts to restrict certain uses within the Overlay Zone. The purpose of the overlay is to allow existing uses to continue, but also to ensure redevelopment of key locations within the district are supportive of City goals related to redevelopment of the Sunrise MarketPlace, walkability/bikeability goals, and transit use.

2. The SMP Overlay zone is intended to accomplish the following:
a. Allow compatible use conversions that extend the economic life of the existing structures; b. Allow owners to pursue redevelopment opportunities that are supportive of broader City goals; c. Create an environment that discourages cut-through traffic and encourages walking, biking, and transit;
d. Allow for the conversion of existing structures, creating economic advantages for new users; e. Control vehicular access onto major streets;
f. Allow properties to take advantage of visibility from major streets; and g. Develop well designed and aesthetically pleasing mixed uses.

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B. Allowable land uses and permit requirements.

1. Permitted and Conditionally Permitted uses. All uses listed by Article 2 (Zoning Districts and Allowable Land Uses) as permitted in the underlying applicable commercial zone, with the exception that the following uses are prohibited:
a. Service Stations
b. Vehicle Services- Major
c. Vehicle Service - Minor
d. Storage- Personal Storage Facility (mini-storage)
e. Ambulance, taxi, and specialized transportation and dispatch facility

2. Existing Uses. Existing uses legally in existence on or before December 1, 2022, which are prohibited by 106.28.050.B.1, may continue to operate, including transfers of ownership, provided the continuation shall comply with the requirements of Section 106.70.020 and Section 106.28.050.C.

C. Development and operating standards for prohibited use expansion. Each Prohibited Use within the SMP Overlay that seeks to expand or enlarge shall obtain a Use Permit and Design Review Permit Modification and comply with the underlying zoning requirements. Any addition, expansion or enlargement of a prohibited use shall comply with each of the following standards.

1. Driveway consolidation. Wherever possible, new uses shall provide for consolidation of driveway access through parcel consolidation or reciprocal easements. New driveways onto Greenback Lane or Sunrise Boulevard are strongly discouraged.

2. Active Transportation. Site design and layout shall prioritize circulation of active transportation modes (transit, bicycle, and pedestrian) above vehicular circulation.

3. Health Risk Assessment. Uses that result in the generation of operational air quality emissions shall complete an Air Quality Health Risk Assessment.

4. Design Standards. Any expanded use shall adhere to the applicable Design Guidelines within the Zoning Code. Any expansion shall include a comprehensive façade and site improvement for the entire impacted parcel and structure, not just the expanded area.

D. Required findings for approval. The approval of an expansion of a prohibited use allowed by Subsection B shall require that the review authority first make all of the following findings:

1. The use is consistent with the General Plan and Zoning Code;

2. The use is compatible with adjacent land uses;

3. The proposed site layout and building designs are compatible with adjacent land uses;

4. The site is of an appropriate size and configuration for the new use, and is efficiently and aesthetically designed for the proposed operations;

5. The use complies with the development standards in Subsection C., and all applicable design guidelines; and

6. The site design emphasizes safety, minimizes traffic congestion, avoids aesthetic impacts, and does not negatively impact circulation for active transportation modes.

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ARTICLE 3
Site Planning and Project Design Standards
Chapter 106.30 - Standards for all Development and Land Uses ............................................................................... 3-3 106.30.010 - Purpose and Applicability .................................................................................................................. 3-3 106.30.020 - Access .............................................................................................................................................. 3-3 106.30.030 - Building and Site Security ................................................................................................................. 3-4 106.30.040 - Creekside Development and Flood Hazard Mitigation ...................................................................... 3-6 106.30.050 - Fences and Walls ........................................................................................................................... 3-10 106.30.060 - Height Limits and Exceptions .......................................................................................................... 3-13 106.30.070 - Outdoor Lighting ............................................................................................................................. 3-14 106.30.080 - Performance Standards .................................................................................................................. 3-14 106.30.090 - Screening ........................................................................................................................................ 3-15 106.30.100 - Setback Requirements and Exceptions .......................................................................................... 3-16 106.30.110 - Solid Waste/Recyclable Materials Storage ..................................................................................... 3-20 106.30.120 - Undergrounding of Utilities .............................................................................................................. 3-20 Chapter 106.31 - Design Standards ............................................................................................................................. 3-21 106.31.010 - Purpose ........................................................................................................................................... 3-21 106.31.020 - Applicability ..................................................................................................................................... 3-21 106.31.030 - Residential Project Design .............................................................................................................. 3-21 106.31.040 - Commercial Project Design ............................................................................................................ 3-33 106.31.050 - Large-Scale Retail and Retail Center Design ................................................................................. 3-40 106.31.060 - Specific Commercial Uses .............................................................................................................. 3-47 106.31.070 - Industrial Project Design ................................................................................................................. 3-47 Chapter 106.32 - Affordable Housing Incentives ........................................................................................................ 3-52 106.32.010 - Purpose ........................................................................................................................................... 3-53 106.32.020 - Eligibility for Bonus, Incentives, or Concessions ............................................................................. 3-53 106.32.030 - Allowed Density Bonuses ............................................................................................................... 3-54 106.32.040 - Allowed Incentives or Concessions ................................................................................................ 3-57 106.32.050 - Parking Requirements in Density Bonus Projects .......................................................................... 3-58 106.32.060 - Bonus and Incentives for Housing with Child Care Facilities .......................................................... 3-59 106.32.070 - Continued Availability ...................................................................................................................... 3-59 106.32.080 - Location and Type of Designated Units .......................................................................................... 3-60 106.32.090 - Processing of Bonus Requests ....................................................................................................... 3-60 106.32.100 - Density Bonus Agreement .............................................................................................................. 3-61 106.32.110 - Control of Resale ............................................................................................................................ 3-63 106.32.120 - Judicial Relief, Waiver of Standards ............................................................................................... 3-64 Chapter 106.34 - Landscaping Standards ................................................................................................................... 3-65 106.34.010 - Purpose ........................................................................................................................................... 3-65 106.34.020 - Applicability ..................................................................................................................................... 3-65 106.34.030 - Landscape and Irrigation Plans ...................................................................................................... 3-65 106.34.040 - Landscape Location Requirements ................................................................................................ 3-66 106.34.050 - Landscape Standards ..................................................................................................................... 3-69 106.34.060 - Water Efficient Landscaping ........................................................................................................... 3-73 106.34.070 - Maintenance of Landscape Areas .................................................................................................. 3-76 ITEM 11 Agenda Packet Page 97
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Chapter 106.35 - Outdoor Lighting .............................................................................................................................. 3-79 106.35.010 - Purpose ........................................................................................................................................... 3-79 106.35.020 - Applicability ..................................................................................................................................... 3-79 106.35.030 - Definitions ....................................................................................................................................... 3-80 106.35.040 - General Lighting Design and Development Standards ................................................................... 3-80 106.35.050 - Outdoor Lighting Plans ................................................................................................................... 3-82 106.35.060 - Signs ............................................................................................................................................... 3-82 106.35.070 - Outdoor Performance, Sport and Recreation Facilities .................................................................. 3-83 106.35.080 - Energy Conservation Guidelines .................................................................................................... 3-83 Chapter 106.36 - Parking and Loading ........................................................................................................................ 3-85 106.36.010 - Purpose ........................................................................................................................................... 3-85 106.36.020 - Applicability ..................................................................................................................................... 3-85 106.36.030 - General Parking Regulations .......................................................................................................... 3-85 106.36.040 - Number of Parking Spaces Required ............................................................................................. 3-86 106.36.050 - Disabled/Handicapped Parking Requirements ............................................................................... 3-92 106.36.060 - Bicycle and Motorcycle Parking ...................................................................................................... 3-92 106.36.070 - Reduction of Parking Requirements ............................................................................................... 3-93 106.36.080 - Parking Design and Development Standards ................................................................................. 3-95 106.36.090 - Loading Space Requirements ......................................................................................................... 3-99 Chapter 106.38 - Signs ................................................................................................................................................ 3-100 106.38.010 - Purpose ......................................................................................................................................... 3-100 106.38.020 - Applicability ................................................................................................................................... 3-100 106.38.030 - Building Permit and Master Sign Plan Requirements ................................................................... 3-101 106.38.035 - Exemptions from Sign Permit Requirements ................................................................................ 3-102 106.38.040 - Prohibited Signs ............................................................................................................................ 3-105 106.38.050 - General Requirements for All Signs .............................................................................................. 3-106 106.38.060 - Zoning District Sign Standards ..................................................................................................... 3-110 106.38.070 - Standards for Specific Sign Types................................................................................................ 3-114 106.38.080 - Nonconforming Signs .................................................................................................................... 3-121 106.38.090 - Judicial Review ............................................................................................................................. 3-121 Chapter 106.39 - Tree Preservation and Protection ................................................................................................. 3-122 106.39.010 - Purpose ......................................................................................................................................... 3-122 106.39.020 - Applicability ................................................................................................................................... 3-122 106.39.030 - Tree Permit Application Requirements ......................................................................................... 3-124 106.39.040 - Arborist's Report ........................................................................................................................... 3-125 106.39.050 - Standard Policies and Procedures for Approved Work ................................................................. 3-126 106.39.060 - Tree Mitigation .............................................................................................................................. 3-130 106.39.070 - Tree Permit Approval or Denial ..................................................................................................... 3-131 106.39.080 - Post Approval Procedures ............................................................................................................ 3-132 106.39.090 – Fees and Penalties ...................................................................................................................... 3-134 ITEM 11 Agenda Packet Page 98
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d. The review authority may waive or approve a substitute for the requirements of this Subsection if the review authority first determines that:
(1) The relationship of the proposed uses make the required screening unnecessary; (2) The intent of this Section can be successfully met by means of alternative screening methods; (3) Physical constraints on the site make the required screening infeasible; or (4) Physical features of the site or adjoining parcels (e.g. topography, vegetation, etc.) make the required screening unnecessary.

2. Mechanical equipment, loading docks, and refuse areas. a. Roof or ground mounted mechanical equipment shall be screened from public view from adjoining public streets and rights-of-way and adjoining areas zoned for residential uses. This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, refuse storage areas, and utility services, electrical transformers, gas meters, etc. b. The method of screening shall be architecturally compatible with the colors, materials, and architectural style of other on-site development.

3. Outdoor storage and work areas. See Section 106.42.170 (Outdoor Storage).

4. Outdoor building materials and garden supply areas. See Section 106.42.160 (Outdoor Displays and Sales).

C. Fence and wall standards. Where screening is provided in compliance with this Section in the form of a fence or wall, the fence or wall shall comply with all applicable requirements of Section 106.30.050 (Fences and Walls). 106.30.100 - Setback Requirements and Exceptions 106.30.100 A. Purpose. This Section provides standards for the use and minimum size of setbacks. Setbacks provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between incompatible activities; and space for privacy, landscaping, and recreation.

B. Setback requirements.

1. Minimum setbacks for all structures. Each structure shall comply with the setback requirements of the applicable zoning district, and with any setbacks established for specific uses by Article 4 (Standards for Specific Land Uses), except as otherwise provided by this Section. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-ofway.

2. Infill development within previously approved projects. Where the City has established specific setbacks for individual parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required by this Zoning Code.

3. Exemptions from setback requirements. The minimum setback requirements of this Zoning Code apply to all development and new land uses, except the following:
a. A fence or wall to the extent allowed by Section 106.30.050 (Fences and Walls); ITEM 11 Agenda Packet Page 99
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b. Decks, earthworks, steps, terraces, and other site design elements that are placed directly upon grade and do not exceed a height of 18 inches above the surrounding grade at any point; c. A sign in compliance with Chapter 106.38 (Signs); and d. A retaining wall less than three feet in height above finished grade. A higher wall may be allowed within a required setback with Design Review by the Director.

C. Measurement of setbacks. A required setback
from a street shall be measured from the edge of
the abutting street/public right-of-way, and its
proposed widening and extensions as indicated by
the City Engineer. The width of any street or
highway that does not appear in the Master Streets
and Highways Plan shall be determined from the
standards for street widths and improvements in
the Subdivision Ordinance and/or City standards
(Municipal Code Title 22).

1. Front yard setbacks. The front yard
setback shall be measured at right angles
from the nearest point on the front
property line of the parcel, to the nearest
point of the wall of the structure, except as
follows. The front property line is the most
narrow dimension of a lot adjacent to a
street.
a. Offer of dedication. The front setback shall be measured at right angles from the nearest point on the edge of an Irrevocable Offer of Dedication (IOD).
b. Private street. The front setback shall be
measured at right angles from the nearest point on
the edge of the recorded access easement of a
private street, or the edge of the pavement,
whichever is greater.
c. Flag lot. The front setback on a flag-shaped lot
shall be measured from the nearest point of the wall
of the structure to the property line intersected by
the access strip, establishing a setback line parallel
to the property line nearest to the public street or
right-of-way; except that any fencing proposed
along the access strip shall comply with the setback
requirements applicable to the adjacent parcels.

See Figure 3-6.
d. Corner lot. The measurement of the front setback shall be from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, or if there is a predominant development pattern in the vicinity of the property, the Director shall determine the property line to be used for front yard setback measurement.

Figure 3-6 – Flag Lot Setbacks
Figure 3-5 – Location of Required Setbacks
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e. Double-frontage lot. Proposed development on a double-frontage lot shall comply with the front yard setback requirements of the applicable zoning district on both street frontages.

2. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yard setbacks.

3. Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, or the inside edge of the sidewalk, whichever results in the greatest setback from the roadway.

4. Rear yard setbacks.
a. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. b. Where a parcel has no rear property line because its side property lines converge to a point, an assumed line 10 feet long within the parcel, parallel to and at a maximum distance from the front property line, shall be deemed to be the rear property line for the purpose of determining the depth of the required rear yard. See Figure 3-7.

D. Limitations on uses of setbacks.

1. Structures. A required setback shall not be occupied by structures other than:
a. The fences and walls permitted by Section 106.30.050 (Fences and Walls); b. The projections into setbacks allowed by Subsection E.; and c. Residential accessory structures as allowed by Section 106.42.200 (Residential Accessory Uses and Structures).

Figure 3-7 – Rear Setback on Irregular Lot
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2. Storage. No front or street side setback shall be used for the accumulation, placement or storage of automobiles, other motor vehicles, recreational vehicles, trailers, building materials, scrap, junk or machinery except for:
a. Automobiles, other motor vehicles, recreational vehicles, and/or trailers parked within a designated off-street parking area, and which shall be operable, registered, and licensed as allowed under Section 106.36.080(B)(2).
b. Building materials required for construction on the parcel, immediately before and during a construction project which has a valid Building Permit in force. Storm discharge Best Management Practices (BMPs) shall be used to prevent runoff from these materials into the storm drainage system. c. Materials stored behind a fence that is at least six feet high and in compliance with Section 106.30.050 (Fences and Walls).

3. Parking. See Section 106.36.080 (Parking Design and Development Standards) for all parking requirements within setbacks.

E. Allowed projections into setbacks.

1. Primary structure into rear setback. Within a residential zoning district, a primary structure may project into a required rear yard setback provided that an area equal to the projection is provided as a yard or court within the buildable area of the lot. In no event shall the rear yard setback be less than 10 feet for a onestory building, or 15 feet for a two-story building.

2. Accessory structures. See Section 106.42.200 (Residential Accessory Uses and Structures).

3. Architectural features. A cornice, sill, eave, canopy, chimney, window bay, media niche, or similar architectural feature may project into a required setback by a maximum of 24 inches; provided that the length of a projecting chimney, canopy or window bay along the wall from which it projects shall be limited to a maximum of 10 feet.
a. Accessory structure. An accessory structure shall maintain a minimum three-foot setback from property lines for any portion of the structure.
b. Front porch. A front porch may encroach five feet into the front setback. c. Window bay. A window bay with glass comprising at least 50 percent of the total area of its vertical surfaces, may project 24 inches into a required setback when the finished floor of the window bay is at least 15 inches above the finished floor of the room. The roof overhang above the window bay shall not project beyond 24 inches into the setback area.

4. Existing legal non-conforming setback. Additions to structures with existing legal non-conforming side yard setbacks in RD-1,2,3, and 4 zones may maintain the non-conforming setback distance for the expansion with the Director’s approval.

F. Setback requirements for specific structures.

1. Accessory structures. See Section 106.42.200 (Residential Accessory Uses and Structures).

2. Fences. See Section 106.30.050 (Fences and Walls).

3. Decks or other site design element. Detached decks, freestanding solar devices, steps, terraces, and other site design elements which are placed directly upon the grade, and which exceed a height of 18 inches ITEM 11 Agenda Packet Page 102
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above the surrounding grade at any point, shall conform to the setback requirements of this Zoning Code for detached accessory structures. (Note: a site design element less than 18 inches above grade is exempt.)

4. Swimming pool, hot tub, etc. A swimming pool shall be set back: 20 feet from a front property line; 12½ feet from a street side property line; and three feet from a rear or interior property line as measured to the water’s edge.

5. Air conditioning and mechanical equipment. Ground-mounted air conditioning equipment shall comply with the front and street side setback requirements of the applicable zoning district. Air conditioning equipment requires no setback from a side or rear property line. Other types of mechanical equipment shall be set back a minimum of five feet from side and rear property lines. A mechanical unit on the ground shall be screened from public view with a solid wood or masonry fence. 106.30.110 - Solid Waste/Recyclable Materials Storage 106.30.110 A. Purpose. This Section provides standards which recognize the City's support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

B. Applicability. These requirements apply to new multi-unit residential, and nonresidential development, or changes to existing multi-unit residential or nonresidential development that increase gross floor area by 25 percent or more.

C. Extent of storage area required. Solid waste and recyclables storage areas shall be provided in the number, dimensions, and types required by the waste hauler. Additional storage areas may be required by the Director as deemed necessary.

D. Enclosure requirements. Each storage area shall be fully enclosed by a six-foot high masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. See Figure 3-8.

1. Location and access. Adequate access for vehicle
maneuvering and refuse pick-up shall be provided.
a. Residential zoning district. An enclosure shall be located in compliance with the front and street side setback requirements of the applicable zone, and 25 feet from an interior side or rear property line abutting property that is also in a residential zoning district. b. Non-residential zoning district. An enclosure shall be located 15 feet from a front or street side property line in a non-residential zoning district, and as required by the interior side and rear setback requirements of the applicable zoning district.

2. Gates and landscaping. Gates shall be solid metal and continuously maintained in working order.

Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 106.34 (Landscaping Standards).
106.30.120 - Undergrounding of Utilities 106.30.120
All electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television and other wiring conduits, and similar facilities shall be placed underground by the developer. The Director may grant a modification, including a complete waiver of the undergrounding requirement, after considering the voltage, project size, and location of the proposed development.

Figure 3 -8 – Storage Area Enclosure
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CHAPTER 106.36 - PARKING AND LOADING

PARKING AND LOADING
Sections:
106.36.010 - Purpose
106.36.020 - Applicability
106.36.030 - General Parking Regulations
106.36.040 - Number of Parking Spaces Required
106.36.050 - Disabled/Handicapped Parking Requirements
106.36.060 - Bicycle Parking
106.36.070 - Motorcycle Parking
106.36.080 - Reduction of Parking Requirements
106.36.090 - Parking Design and Development Standards
106.36.100 - Loading Space Requirements
106.36.110 - Trip Reduction
106.36.010 - Purpose 106.36.010
The requirements of this Chapter are intended to ensure that sufficient but not excessive off-street parking facilities are provided for all uses, and that parking facilities are properly designed, attractive, and located to be unobtrusive while meeting the needs of the specific use. The City discourages providing parking in excess of that required by this Chapter. 106.36.020 - Applicability 106.36.020
Each land use and structure shall provide off-street parking and loading areas in compliance with this Chapter. This Chapter shall also apply to changes to, or expansion of a land use or structure. A land use shall not be commenced and a structure shall not be occupied until the improvements required by this Chapter are completed and approved by the Director.
106.36.030 - General Parking Regulations 106.36.030
A. Timing of installation. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this Chapter are in place and approved by the City.

B. Permanent facilities required. Each required parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve. The approval of a Temporary Use Permit (Section 106.62.030) may allow the temporary use of a parking or loading space for other purposes.

C. Unrestricted facilities required. An owner, lessee, tenant, or other person who controls the operation of a site with required parking or loading spaces shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the Director.

D. Truck or Trailer Parking. The parking of a motor vehicle used for commercial or industrial purposes and rated more than one (1) ton capacity and trailers used for commercial or industrial purposes shall not be parked or stored in any residential zone except when loading, unloading, or rendering service.

E. State-mandated exemptions. Per Government Code 65863.2, parking is not required for any residential, commercial, or other development project within ½ mile of public transit (see Section 106.80.020 for definition of “public transit”). These rules do not apply to requirements for ADA parking spaces, EV charging spaces, or existing grandfathered contracts with the city to provide public parking.

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F. Residential Parking and Storage. No front or street side setback shall be used for the accumulation, placement or storage of automobiles, other motor vehicles, recreational vehicles, trailers, building materials, scrap, junk or machinery except as allowed in Section 106.30.100 (D)2). 106.36.040 - Number of Parking Spaces Required 106.36.040 Each land use shall be provided the number of off-street parking spaces required by this Section. See Section 106.36.060 for off-street parking requirements for bicycles and motorcycles.

A. Parking requirements by land use.

1. Minimum number required. Each land use shall provide the number of off-street parking spaces required by Table 3-7, except where a greater number of spaces are required through Minor Use Permit or Use Permit approval. Regardless of the requirements of Table 3-7, each non-residential land use shall provide a minimum of five off-street spaces, except where the review authority determines that the number of spaces required by Table 3-7 is sufficient.

2. Use not listed. A land use not specifically listed by Table 3-7 shall provide parking as required by the Director. The Director shall use the requirements in Table 3-7 as a guide in determining the number of offstreet parking spaces required.

3. Measurement of floor area. In any case where Table 3-7 establishes a parking requirement based on floor area in square feet (for example: 1 space per 1,000 sf of floor area), the floor area shall be construed to mean gross interior floor area.

4. Use with accessory components. The review authority may require a single use with accessory components to provide parking for each component, where the review authority determines that separate vehicle trips will likely be generated by each component. For example, a hotel with a meeting room may be required to provide the parking spaces required by Table 3-7 for a hotel (i.e., the guest rooms), and for a meeting room.

5. Bench or bleacher seating. Where fixed seating is provided as benches, bleachers, pews, or similar seating, a seat shall be defined as 24 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-7.

B. Expansion of structure, change in use. When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this Chapter except where the number of additional spaces required is 10 percent or less of the number of existing spaces. See also Subsection E. (Nonconforming parking).

C. Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as an integrated center with shared parking and no spaces reserved for a particular use, parking shall be provided as required by Table 3-7 for a retail complex. When a multitenant center includes one or more uses that will need more parking than retail uses (for example, a fitness center, restaurant, or theater) additional parking shall be required for the high parking demand use unless a parking reduction is approved in compliance with 106.36.070 (Reduction of Parking Requirements).

D. Excessive parking. The City discourages providing more off-street parking than required by this Chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. An offstreet parking lot that exceeds the amount required by Table 3-7 by 20 percent or more shall require Minor Use Permit approval, a determination by the review authority that information provided by the applicant documents a year round need for the additional parking, and the provision of additional landscaping and pedestrian amenities to the satisfaction of the review authority.

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106.36.080 - Parking Design and Development Standards 106.36.080 Required parking areas shall be designed and constructed in compliance with this Section.

A. Location of parking. Off-street parking areas shall be located as follows:

1. Residential Required single-family residential parking. Residential parking shall be located on the same site as each residential unit served; except for a mixed use project developed in compliance with Section 106.42.130 (Mixed Use Projects).
a. Single-family residential. Required parking may be located within the required front and interior side setback provided the required parking occurs on an approved driveway at least 20 feet in length and is perpendicular to the street. Alternate locations may be approved by the Director provided the design of the driveway is aesthetically pleasing, compatible with the surroundings and will not create a pedestrian or vehicular hazard.
b. Multi-unit residential. Required parking shall not occupy any required front setback, or a side or rear setback.

2. Multi-unit residential. Required parking shall not occupy any required front setback, or a side or rear setback.

3. Nonresidential parking. Nonresidential parking shall be located on the same site as the use served, or within 300 feet of the parcel when off-site parking is approved in compliance with Section 106.36.070.G (Offsite parking), with reasonable access to and from the use for which the spaces are required.

B. Residential parking restrictions Additional residential parking standards No residential front or street side setback shall be used for the accumulation, placement or storage of automobiles or other motor vehicles, building materials, scrap, junk or machinery except for those items listed in Section 106.30.100(D)(2).

Required parking for single-family residences may be located within the required front and interior side setback in compliance with Section 106.36.080.A.1.a. Temporary (overnight) parking is allowed within required setback areas only on an approved, paved driveway, in compliance with Section 106.36.080 (Parking Design and Development Standards). The following parking restrictions apply to all residential zones:

1. Residential parking surface. Pavement Parking within a front setback shall be limited to the required driveway plus 12 feet abutting and parallel to the driveway. The additional 12 feet of width shall be located adjacent to the interior side property line of a corner lot. Alternate locations for the additional pavement may be approved by the Director and City Engineer. The total approved parking surface width in the front of the lot shall not exceed 50 percent of the lot frontage. The Director and City Engineer may grant an exception for exceeding the allowed limits for lots located on a collector or arterial street, where the owner proposes a circular driveway. This Subsection does not apply to front setback areas that were paved to a greater extent than allowed by this Section, prior to October 5, 2006.

2. Temporary (overnight) parking is allowed within required setback areas only on an approved, paved driveway, in compliance with Section 106.36.080 (Parking Design and Development Standards). The following parking restrictions apply to all residential zones:

3. Acceptable parking surfaces include concrete, asphalt, decomposed granite, inlaid brick or stone, or parking strips composed of the above mentioned materials. Other pervious material may be accepted per approval of director.

4. Parking may not occur within any required clear vision triangle (Section 106.30.060 Figure 3-4) area on a corner lot.

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2.5. Recreational vehicle and trailer parking. The storage (parking for any period longer than 72 hours) The following standards apply to the parking and storage of a recreational vehicle, trailer, boat, and/or other mobile equipment, or portions of parts of components thereof, in a residential zone shall be allowed only when all portions of the vehicle are located entirely within the property boundaries on a paved surface and do not extend into the public right-of-way. Storage of a recreational vehicle, trailer, boat, and/or other mobile equipment is not allowed within the front or street side yard setback unless located on required parking spaces or approved paved surfaces per Section 106.36.080(B)(2). When located within any side or rear yard, a recreational vehicle and/or boat must maintain a three-foot-wide continuous fire accessway from the front of the property. The use of any recreational vehicle for residential occupancy is prohibited except on property zoned for mobile home parks or camping.
a. All portions of the vehicle must be located entirely within the property boundaries, and do not extend into the public right of way.
b. Storage of a recreational vehicle, trailer, boat, and/or other mobile equipment is not allowed within the front or street side yard setback unless located on a required parking spaces or on an approved paved parking surfaces per Section 106.36.080(B)(3). When located within any side or rear yard, a recreational vehicle and/or boat must maintain a three-foot-wide continuous fire accessway from the front of the property. The use of any recreational vehicle for residential occupancy is prohibited except on property zoned for mobile home parks or camping.

C. Access to parking. Access to parking shall be provided as follows for all parking areas other than for individual single dwellings, and duplexes. Site design shall minimize the amount of paved surfaces and driveway lengths and widths while providing for safe and suitable access for vehicular circulation.

1. Direction of travel. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. Single dwellings and duplexes are exempt from this requirement.

2. Stacking area for non-residential parking. A commercial or industrial use shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a stacking area for vehicles entering and exiting the parking area. The City Engineer may require a greater distance for uses with high traffic volumes or located along heavily traveled arterials. See Figure 3-43.

3. Clear height above parking. A minimum unobstructed
clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential uses.

D. Access to adjacent sites. The City may require the design of a parking area to provide vehicle and pedestrian connections to parking areas on adjacent properties or to connect with adjoining public walkways, to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the Director, to guarantee the continued availability of the shared access between the properties.

E. Parking stall and aisle design.

1. Minimum dimensions.

Figure 3-43 – Queuing Area
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a. Parking spaces. Each parking space shall be a minimum of nine feet wide and 19 feet long.

Compact car spaces with minimum dimensions of eight feet by 16 feet may be allowed within a parking lot interior, up to a maximum of 25 percent of the total number of spaces. Compact spaces shall be dispersed throughout the parking lot. Parallel parking spaces shall have minimum dimensions of nine feet wide and 24 feet long.
b. Parking lot aisles. Each parking lot aisle shall comply with the minimum dimension requirements in Table 3-8.

TABLE 3-8 - MINIMUM PARKING LOT AISLE DIMENSIONS
Parking Angle Aisle Width
45 degree 20 ft for a 2-way aisle
14 ft for a 1-way aisle
60 degree 20 ft for a 2-way aisle
18 ft for a 1-way aisle
90 degree 24 ft for a 2-way aisle
23 ft for a 1-way aisle
Parallel parking 24 ft for a 2-way aisle
12 ft for a 1-way aisle

2. General configuration. Tandem parking, or the parking of vehicles inline shall be prohibited in multi-unit residential and commercial zoning districts.

3. Employee parking. Where Table 3-7 requires employee parking, the spaces shall be identified by the employer as "employee parking" and shall be located as far away as possible from the main entrance.

4. 90-degree single-loaded parking aisles. A parking lot aisle that provides access to parking spaces on one side only may be reduced to a width of 22 feet provided a landscaped planter at least five feet in width, or a two-foot planter with a walkway, is installed adjacent to the aisle.

5. Dead-end aisles. Dead-end aisles are discouraged. When used, 90 degree angle stalls with adequate turning space are required, as approved by the Engineering Division.

F. Landscaping. Landscaping shall be provided in compliance with Section 106.34 G. Lighting. See Chapter 106.35 (Outdoor Lighting).

H. Striping and identification. Parking spaces shall be clearly outlined with double stripes painted on the parking surface (see Figure 3-44). Car pool spaces shall be clearly identified for car pool use only. The re-striping of a parking space or lot shall require the approval of a re-striping plan by the Director.

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I. Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the Director.

J. Wheel stops/curbing. Continuous concrete curbing at least four inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas (except stormwater swales), and structures, and walkways that are less than six feet in width.

In addition to curbing, wheel stops shall be employed for any parking stall adjacent to a walkway that is less than six feet in width and has parking adjacent to it on one side. If parking adjoins both sides of the walkway, wheel stops shall be provided if the width of the walkway is less than 9 feet.

1. Individual wheel stops may be provided in lieu of continuous curbing when parking is adjacent to a landscaped area to which drainage is directed.

2. When provided, wheel stops shall be placed to allow for 30” of vehicle overhang area within the dimension of the parking space. Wheel stops shall be placed 30” from the curb.

3. Parking spaces may be designed to allow vehicle overhang of a landscape area only where the width of the landscape area is increased two additional feet over the width required by Section 106.34.040.D (Parking areas). The same overhang allowance shall apply where parking spaces directly abut a pedestrian walkway.

The overhang allowance shall not be considered as part of the design width of the walkway.

In parking areas adjacent to vegetated stormwater swales or infiltration basins, curb stops alone may be used or cuts may be provided in the concrete curbing to allow water to enter the stormwater treatment planting area.

Figure 3-44 – Parking Lot Striping
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K. Drainage facilities. Drainage facilities shall be provided in all public parking areas adequate to handle the drainage requirements of the site, to alleviate the creation of flooding and drainage problems for the site or any surrounding property.

1. New parking lots and significantly redeveloped sites with existing parking shall be required to install Best Management Practices (BMPs) for their storm water discharge.

2. Post BMPs may include vegetated swales, rain gardens, storm water basins with a low flow channel to cleanse the runoff, an underground stormwater vault, or other Low-Impact Design solutions approved by the City. Low-Impact Design solutions are preferred to underground vaults.

3. Stormwater vaults and basins will require an access agreement for the City to conduct periodic inspections of the post BMP system.
106.36.090 - Loading Space Requirements 106.36.090
All retail and wholesale stores, warehouses, supply houses, buildings devoted to manufacturing, hotels, hospitals or other buildings where large amounts of goods are received or shipped shall provide adequate space to handle the volume and frequency of truck traffic to the building or shopping center, as required by the review authority.

A. Number of spaces required. The minimum number of spaces shall be determined in compliance with the estimated volume of truck traffic and loading requirements as approved by the Director.

B. Space design. Each required loading space shall be not less than 10 feet wide, 35 feet long and 14 feet high, exclusive of driveways. Loading docks shall not face the public right-of-way unless adequate screening is provided as required by the review authority.

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J. Sign maintenance.

1. Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times.

2. Any repair to a sign shall be of materials and design of equal or better quality as the original sign.

3. A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance, and may be abated in compliance with the Municipal Code.

4. When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed.

K. Sign removal. When a business, activity, or entity that is the subject of an on-site sign leaves the site, the sign shall be removed within 10 days thereafter.
106.38.060 - Zoning District Sign Standards 106.38.060
Each sign shall comply with the sign type, area, height, and other restrictions provided by this Section, in addition to the provisions of Section 106.38.070 (Standards for Specific Sign Types).

A. Setback requirement for freestanding signs. A freestanding sign shall be set back a minimum of 5 feet from a dedicated public right-of-way, except where this Zoning Code requires a different setback for a specific sign type.

B. Residential zone sign standards. Each sign in the residential zoning districts shall comply with the requirements in Table 3-11, except for signs that are allowed by standards for a specific land use in Chapter 106.42.

TABLE 3-11 - SIGN STANDARDS FOR RESIDENTIAL ZONES
Allowed
Sign Types
Maximum
Sign Height
Maximum Number of Signs
Allowed per Parcel
Maximum Sign Area
Allowed per Parcel
Single Dwelling, Duplex, Triplex, Home Occupation
Wall 6 Comply with
Maximum Sign Area
Allowed per Parcel
Standard
1 1 sf
Multi-Unit Residential Project or Structure
Wall or freestanding Wall signs: below edge
of roof;
Freestanding: 4 ft
1 of either allowed sign type per
entrance or street frontage 50 sf total for all signs
Non-Residential Use
Wall Below edge of roof 1 allowed per street frontage Total combined sf of all wall signage shall not
exceed .50 (one-half) sf
for each linear ft of
primary building frontage
Freestanding 6 ft; height may be
increased by one
additional foot up to 10 ft
max with increased
setback as per
106.38.080.E.5
1 allowed per entrance or street
frontage Total combined of all
freestanding signs shall
not exceed 100 sf
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CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE ARTICLE 4
Standards for Specific Land Uses
Chapter 106.40 - Adult Oriented Business Regulations .............................................................................................. 4-3 106.40.010 - Purpose, Intent and Application ........................................................................................................ 4-3 106.40.020 - Definitions ......................................................................................................................................... 4-3 106.40.030 - Findings ............................................................................................................................................ 4-3 106.40.040 - Allowed Zones .................................................................................................................................. 4-3 106.40.050 - Distance Requirements..................................................................................................................... 4-4 106.40.060 - Development and Performance Standards and Regulations............................................................ 4-5 106.40.070 - Amortization of a Nonconforming Adult-Oriented Business Use .................................................... 4-10 106.40.080 - Extension of Time for Nonconforming Adult-Oriented Business Use ............................................. 4-11 106.40.090 - Enforcement.................................................................................................................................... 4-12 Chapter 106.42 - Standards for Specific Land Uses .................................................................................................. 4-13 106.42.010 - Purpose and Applicability................................................................................................................ 4-14 106.42.015 – Accessory Dwelling Units............................................................................................................... 4-14 106.42.020 - Alcoholic Beverage Sales ............................................................................................................... 4-18 106.42.030 - Animal Keeping............................................................................................................................... 4-21 106.42.040 - Automated Teller Machines (ATMs) ............................................................................................... 4-23 106.42.050 - Condominiums ................................................................................................................................ 4-24 106.42.060 - Condominium Conversion............................................................................................................... 4-24 106.42.070 - Convenience Stores........................................................................................................................ 4-28 106.42.080 - Drive-Through Facilities .................................................................................................................. 4-29 106.42.090 - Emergency Shelters........................................................................................................................ 4-30 106.42.100 - Home Occupations ......................................................................................................................... 4-31 106.42.110 - Live/Work and Work/Live Units....................................................................................................... 4-34 106.42.120 - Marijuana Dispensaries, Deliveries, and Businesses ..................................................................... 4-36 106.42.130 - Mixed Use Projects ......................................................................................................................... 4-37 106.42.140 - Mobile Homes and Mobile Home Parks.......................................................................................... 4-39 106.42.150 - Multi-Unit Dwelling and Group Quarters Projects ........................................................................... 4-40 106.42.160 - Outdoor Displays and Sales ........................................................................................................... 4-41 106.42.170 - Outdoor Storage ............................................................................................................................. 4-43 106.42.180 - Power Transmission Facilities ........................................................................................................ 4-44 106.42.190 - Recycling Facilities ......................................................................................................................... 4-45 106.42.200 - Residential Accessory Uses and Structures ................................................................................... 4-47 106.42.220 - Single Dwellings.............................................................................................................................. 4-49 106.42.225 – Small Lot Housing Product Projects............................................................................................... 4-50 106.42.230 - Smoking Paraphernalia Establishments ......................................................................................... 4-51 106.42.240 - Substance Abuse Treatment Clinics............................................................................................... 4-51 106.42.250 – Temporary Uses............................................................................................................................. 4-52 106.42.260 – Two-Unit Housing Developoment .................................................................................................. 4-52 Chapter 106.44 - Telecommunications Facilities........................................................................................................ 4-60 106.44.010 - Purpose........................................................................................................................................... 4-60 106.44.020 - Definitions ....................................................................................................................................... 4-60 106.44.030 - Applicability ..................................................................................................................................... 4-60 106.44.040 - Satellite TV and Dish Antenna Standards....................................................................................... 4-60 106.44.050 - Wireless Telecommunications Facilities ......................................................................................... 4-61 106.44.060 - Amateur Radio Antennas................................................................................................................ 4-69 ITEM 11 Agenda Packet Page 112
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106.42.010 - Purpose and Applicability 106.42.010
A. Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

B. Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

1. Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

2. Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Article 2 (Zoning Districts and Allowable Land Uses), except where a planning permit requirement is established by this Chapter for a specific use.

3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Zoning Districts and Allowable Land Uses) and 3 (Site Planning and Project Design Standards).
a. The applicability of the standards in this Chapter to the specific land uses listed is determined by Article 2 (Zoning Districts and Allowable Land Uses).
b. In the event of any conflict between the requirements of this Chapter and those of Articles 2 (Zoning Districts and Allowable Land Uses) or 3 (Site Planning and Project Design Standards), the requirements of this Chapter shall control.
106.42.015 – Accessory Dwelling Units
This Section establishes standards for accessory dwelling units and junior accessory dwelling units. An accessory dwelling unit may be created by conversion of floor area in a pre-existing primary dwelling unit, by an addition thereto, or created within a new or existing residential accessory structure. Except as otherwise specified by this Chapter, all accessory dwelling units shall comply with all provisions applicable to a primary dwelling unit. Nothing in this Chapter shall provide an exception to the requirements of the Building Code.

A. Allowed Location. An accessory dwelling unit is allowed on any property developed with residential living unit(s).

B. Limitation on number of units. No more than one accessory dwelling unit shall be located on a parcel developed with a single dwelling except the parcel may also have one junior accessory dwelling unit provided the junior accessory dwelling unit complies with Section 106.42.105.D.8. Accessory dwelling units are not included when calculating the density of a parcel.

C. Relationship to primary use.

1. Design, style. An accessory dwelling unit shall be incidental to the primary single-family residential use of the site in terms of location and appearance and shall not alter the character of the primary structure. The architectural style, exterior materials, and colors of the accessory dwelling unit shall be compatible with the primary dwelling unit.

2. Timing of construction. An accessory dwelling unit may be constructed simultaneously with or after the primary dwelling. In addition, an existing dwelling that complies with the development standards for accessory ITEM 11 Agenda Packet Page 114
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dwellings in Subsection D below, may be considered an accessory dwelling unit, and a new primary unit may be constructed which would then be considered the primary dwelling unit.

3. Term of Rentals. Accessory dwelling units or junior accessory dwelling units shall not be rented for periods of less than thirty one (31) days. This provision shall not apply to accessory dwelling units lawfully constructed prior to January 1, 2020.

D. Development standards. The following standards apply to all newly constructed accessory dwelling units unless an exception is provided in Section 106.42.015.D.9.

1. Setback requirements. An accessory dwelling unit shall comply with the setback requirements of the applicable zoning district except that the side and rear yard setbacks may be four feet.

2. Height limit. An attached accessory dwelling unit shall comply with the height limits of the applicable zoning district except that a detached accessory dwelling unit shall not exceed a maximum height of 18 feet, plus an additional two feet to accommodate roof pitch to align with roof pitch of the primary dwelling unit. Where the accessory dwelling unit is above a detached residential accessory structure, it shall not exceed 25 feet in height.

3. Allowed floor area.
a. The floorspace of an attached accessory dwelling unit shall not exceed 60 percent of the floorspace of the primary dwelling or 1,200 square feet, whichever is less. Regardless of the size of the primary dwelling, an attached accessory dwelling unit shall be allowed the minimum size as follows:
(1) 850 square feet for an accessory dwelling with zero to one bedrooms; or (2) 1,000 square feet for an accessory dwelling with two or more bedrooms. b. The floorspace of a detached accessory dwelling unit shall not exceed 1,200 square feet, regardless of the size of the primary dwelling.
c. For purposes of computing the floorspace of an accessory dwelling unit, all enclosed areas accessed from within the accessory dwelling unit shall be included. For purposes of computing the floorspace of the primary dwelling, all living area shall be included when calculating the floorspace of the primary dwelling.

4. Off-street parking requirements. Additional off-street parking is not required for an accessory dwelling unit.

5. Separate entrance required. An attached accessory dwelling unit shall have an entrance separate from the entrance to the primary dwelling.

6. Window/Balcony placement.
a. An accessory dwelling unit that is 15 10 feet or less from a residential unit on an adjacent parcel shall not have second floor windows that directly face windows in the other unit. b. A detached accessory dwelling unit located closer than 10 feet to a side lot line or 20 feet from a rear lot line shall have no second floor windows facing the side or rear except obscured glass or clerestory windows, unless the review authority determines that other types of windows will not significantly interfere with the privacy of residents on adjacent parcels.
c. Any Balconies above the ground floor shall not be located within 10 feet to a side or rear lot line.

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7. Junior Accessory Dwelling Unit: As an alternative to the standard accessory dwelling units, a parcel with a single dwelling may have one junior accessory dwelling in addition to a standard accessory dwelling unit. a. A unit is considered a junior accessory dwelling unit provided each of the following standards are met:
(1) The unit is created within the walls of the proposed or existing single-family residence, including attached garages.
(2) The unit does not exceed 500 square feet in size.
(3) The unit has at least an efficiency kitchen. The efficiency kitchen shall be removed if the junior accessory unit ceases.
(4) The unit has bathroom facilities that are either separate from or shared with the residence in which the unit is contained.
(5) The unit has exterior access separate from the entrance to the dwelling in which it is contained. b. Either the junior accessory dwelling unit or the residence in which the junior dwelling unit is contained must be occupied by the owner. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
c. Prior to the issuance of the building permit, the owner shall show proof of a recorded deed restriction. The deed restriction, which shall run with the land including the transfer of ownership, will prohibit the following:
(1) The junior accessory dwelling unit shall not be sold separately from the single dwelling. (2) The junior accessory dwelling unit shall be restricted in size and attributes as describe in Government Code 65852.22.

8. Exceptions. An accessory dwelling unit shall be allowed as follows, regardless of whether the development standards contained in this section can be met.
a. For lots with single-family dwelling, one of the following:
(1) One interior accessory dwelling unit or one junior accessory dwelling unit per lot constructed within an existing or proposed single-family or accessory structure, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit or junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of section 106.042.015.5.; or
(2) One new, detached accessory dwelling unit with a minimum four-foot side and rear setbacks, up to eight hundred (800) square feet and that meets the height requirements of Section 106.42.010(D)(2) on a lot with an existing or proposed single family dwelling. A junior accessory dwelling unit may also be built within the existing or proposed dwelling of such residence in connection with the accessory dwelling unit.
(3) Front yard setbacks shall not be applied to an attached or detached ADU if it would prohibit the construction of an ADU that is at least 800 square feet with 4-foot side and rear yard setbacks.

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b. For lots with an existing multi-family dwelling:
(1) Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi-family complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area; and
(2) Up to two (2) detached accessory dwelling units may be constructed, provided they meet the height requirements of Section 106.42.010(D)(2). Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area. For the purpose of this subsection, a structure with two or more attached dwellings on a single lot is considered a multi-family dwelling structure.

Multiple detached single-unit dwelling on the same lot are not considered multi-family.

E. Zoning Clearance. The Director shall issue the Zoning Clearance in compliance with Section 106.62.020.

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106.42.020 - Alcoholic Beverage Sales 106.42.020
A. Purpose. Establishments that sell or serve alcoholic beverages receive special attention from the City because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. The City shall review all establishments selling alcoholic beverages.

B. Distance requirements. No on-sale or off-sale liquor establishment shall be maintained within 500 feet of any other on-sale or off-sale liquor establishment, or within 500 feet from the following "consideration points":

1. Schools (public or private);

2. Churches or other places of worship;

3. Hospitals, clinics, or other health care facilities; and

4. Public parks and playgrounds and other similar uses.

The distance of 500 feet shall be measured between the nearest entrances used by patrons of the establishments along the shortest route intended and available for public passage to other establishments, or to the nearest property line of any of the consideration points.

C. Exceptions for distance requirements. Veterans clubs, bonafide restaurants, food markets, supermarkets, drugstores, brew pubs, taverns, cardrooms, or any other retail establishment where off-sale of alcoholic beverages constitute less than 20 percent of total sales, fraternal organizations, and existing alcohol serving establishments may be closer than 500 feet from one another or any of the consideration points.

BD. Permit requirements. Each on-sale and off-sale liquor establishment shall require Use Permit approval, except for:

1. A bona-fide restaurant;

2. An on-sale or off-sale establishment that closes Brew pubs, taverns or commercial recreation facilities-indoor, that close no later than 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday; and

3. Food markets, supermarkets, drugstores, or any other retail establishment in which off-sale of alcoholic beverages constitutes less than 20 percent of total sales. The owner/operator shall submit evidence of total sales to the City Finance Department, upon request by City officials to verify compliance with this requirement.

C E. Performance and development standards.

1. Exterior lighting of the parking areas shall be sufficient to ensure a minimum intensity of at least one footcandle of light throughout the parking surface at all times.

2. The noise levels generated by the operation of such establishment shall not exceed 60 dBA on adjoining properties zoned for residential purposes and 65 dBA for commercially zoned property.

3. All establishments shall be required to have a public telephone listing. Exterior public telephones that permit incoming calls may not be located on the premises.

4. It shall be the responsibility of the applicant licensee to provide all employees with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed ITEM 11 Agenda Packet Page 118
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necessary for responsible alcoholic beverage service shall include the following topics and skills development:
a. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws.
b. The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle.
c. Methods for dealing with intoxicated customers and recognizing underage customers.

5. Off-sale liquor establishments shall provide litter and trash receptacles at convenient locations inside and outside the premises. In addition, those operators of such establishments shall remove trash and debris on a daily basis.

6. Convenience Stores (with or without associated gasoline sales) shall not sell:
a. Wine in bottles or containers less than 750 ml except for wine based coolers; b. Wine coolers, whether made of wine or malt products, in quantities of less than a factory four-pack; c. Beer and/or malt beverages not in original factory package; d. Beer in single containers less than 32 ounces;
e. Distilled spirits in containers less than 375 ml; and f. Distilled spirits at convenience stores that sell gasoline.

D. Security Measures. Project shall incorporate a variety of security measures that provide safety for employees and patrons of the store.

1. Window placement and design shall allow for window surveillance by employees of all outside areas from the employees primary work positions. Windows shall be clear of any signs, merchandise, or other materials at all times, between three feet and six feet in height from ground level. No more than 25 percent of the combined total window area may be covered with signage, advertising, etc. as described in the signage regulations section of the Zoning Code.

2. Building security systems and employee training shall be used to resist crime attempts. The following minimum measures shall be implemented. Alternate security measures may be approved by the Chief of Police.
a. Employers shall provide employee training on safety and security, education on alcohol awareness, checking various forms of identification, and detecting and preventing illegal activity; b. Store shall have an interior layout that provides visibility for the cashier e.g. low display counters, two-way mirrors, or other methods that would provide visibility including corners or hidden areas; c. The cashier station shall be designed to be visible from the parking area. Windows or doors shall not be blocked with posters or signs. Counters shall be maintained free from excess displays to enhance the visibility of the cashier station;
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d. A timed drop safe shall be provided adjacent to the cashier station. Premises shall be posted accordingly;
e. The installation of height tape next to exit;
f. A prominently displayed video camera for identifying criminals. The video camera should include a device that records 24 hours of video directly on to a DVD/DVR recorder; and g. The owner shall maintain a library of the recorded digital video for a minimum of 7 days.

E. Required signs. Signs shall be posted prohibiting loitering and the consumption of alcoholic beverages in the business or in the parking areas, and any other signs as required by the City.

F. Optional conditions. Further conditions that may be imposed upon the issuance of a Use Permit or the issuance of a Business License for businesses selling alcoholic beverages for on-sale or off-sale liquor establishments may include: The additional conditions may include: for on-sale or off-sale liquor establishments may include:

1. Special security measures including off-duty police or licensed security guards, robbery and burglar alarm systems;

2. Limitations on hours of operation; and

3. Other conditions deemed appropriate in furtherance of the purposes of this ordinance.

G. Violations. If the Director or the Chief of Police or their designees determine there has been a violation of this Section or any of the conditions set forth in a Use Permit issued in compliance with this Section, a report of those violations may be presented to the Commission for review. The Commission may require the annual review of the Use Permit or revocation of the Use Permit based on non-compliance. Violations of conditions set forth in a Business License shall follow the procedures as provided in the City’s Municipal Code Chapter 22 (Businesses).

H. Non-conforming establishments/improvements. Notwithstanding Chapter 106.70 (Nonconforming Uses, Structures, and Parcels), any on-sale or off-sale liquor establishment lawfully existing prior to the effective date of the ordinance adopting this Section and licensed by ABC, shall obtain a Use Permit when a change in the mode of operation would require a Use Permit as described in Section 106.42.020.B.in compliance with Section 106.62.050 (Use Permit and Minor Use Permit) when:

1. The establishment changes its retail liquor license, including a change within a license classification; or

2. The establishment substantially changes its mode or character of operation.

I. Modification to on-sale or off-sale liquor establishments. Any on-sale or off-sale liquor establishment which becomes lawfully established on or after the effective date of this Section and is licensed by the ABC, shall obtain or modify a modification to its Use Permit before when a change in the mode of operation would require a Use Permit as described in Section 106.42.020.B.:

1. The establishment changes its retail liquor license, including a change within a license classification; or

2. The establishment substantially changes its mode or character of operation.

J. Bonafide restaurants. A bonafide restaurant that sells alcoholic beverages may only admit persons under the age of 21 during the hours when meal service is available to its patrons.

K. One-day on-sale licenses. The requirements of this Section shall not apply to applications for one-day licenses in compliance with Business & Professions Code Section 24045.1.

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permit to the Review Authority for revocation or modification pursuant to Section 106.64.090 (Permit Revocation or Modification).
106.42.070 - Convenience Stores 106.42.070
Where allowed by Article 2 (Zoning Districts and Allowable Land Uses), convenience stores shall comply with the requirements of this Section.

A. Permit requirement. A convenience store is a permitted use in the zones where a convenience store is identified as allowable by Article 2 (Zoning Districts and Allowable Land Uses), except that a Use Permit is required if:

1. The site is less than 500 feet from a residential zone; or The store will be open for business between the hours of 10:00 p.m., and 7:00 a.m Sunday through Thursday and 11:00 p.m. and 7:00 a.m. Friday and Saturday.

2. The site is less than 1,000 feet from the property line of a K-12 public or private school; or

3. The store will be open for business between the hours of 10:00 p.m., and 7:00 a.m.

4. Any alcoholic beverages are to be sold.

B. Alcoholic Beverage Sales. Conveince stores in which alcoholic beverages are sold shall comply with regulations set forth in Section 106.42.020 (Alcoholic Beverage Sales).

C.B. Outdoor lighting. Project lighting levels shall be as follows: one foot-candle of minimum maintained illumination per square foot of parking surface during business hours and 0.25 foot-candles of minimum maintained illumination per square foot of surface on any walkway, alcove, passageway, etc., from one-half hour before dusk to one-half hour after dawn. All light fixtures shall be vandal-resistant, and shall also comply with the requirements of Section 106.30.070 (Outdoor Lighting).

D.C. Litter removal. Management shall be responsible for the removal of litter from adjacent property and streets that results from this project (with adjacent property owner consent).

E. D. Security Plan. Project shall incorporate a variety of security measures that provide safety for employees and patrons of the convenience store.

1. Windows. Window placement and design shall allow for window surveillance by employees of all outside areas from the employees primary work positions. Windows shall be clear of any signs, merchandise, or other materials at all times, between three feet and six feet in height from ground level. No more than 25 percent of the combined total window area may be covered with signage, advertising, etc. as described in the signage regulations section of the Zoning Code.

2. Security systems. Building security systems and employee training shall be used to resist crime attempts.

The following minimum measures shall be implemented. Alternate security measures may be approved by the Chief of Police.
a. Employers shall provide employee training on safety and security, education on alcohol awareness, checking various forms of identification, and detecting and preventing illegal activity; b. Store shall have an interior layout that provides visibility for the cashier e.g. low display counters, two-way mirrors, or other methods that would provide visibility including corners or hidden areas; ITEM 11 Agenda Packet Page 121
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c. The cashier station shall be designed to be visible from the parking area. Windows or doors shall not be blocked with posters or signs. Counters shall be maintained free from excess displays to enhance the visibility of the cashier station;
d. A timed drop safe shall be provided adjacent to the cashier station. Premises shall be posted accordingly;
e. The installation of height tape next to exit;
f. A prominently displayed video camera for identifying criminals. The video camera should include a device that records 24 hours of video directly on to a DVD/DVR recorder; and g. The owner shall maintain a library of the recorded digital video for a minimum of 7 days.

F. E. Required signs. Signs shall be posted prohibiting loitering and the consumption of alcoholic beverages in the business or in the parking areas, and any other signs as required by the City. 106.42.080 - Drive-Through Facilities 106.42.080
Where allowed by Article 2 (Zoning Districts and Allowable Land Uses), drive-through facilities shall comply with the requirements of this Section.

A. General standards.

1. Design objectives. A drive-through facility shall be designed and operated to mitigate problems of congestion, excessive pavement, litter, and noise.

2. Limitation on location. A drive-through facility shall be planned and designed to minimize its visibility from a public right-of-way.

3. Screening. The drive-through aisle and stacking area shall be screened from the view of the street by a combination of decorative low walls, berming, and landscaping, as determined by the review authority.

B. On-site circulation standards. A drive-through facility shall be provided internal circulation and traffic control as follows.

1. Drive-through aisle design.
a. The entrance and exit of a drive aisle shall both be a minimum of 25 feet from any driveway providing access to the site from a public street.
b. Each drive aisle shall be designed with a minimum 10-foot interior radius at curves and a minimum 10-foot width.

2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drive-through service that is separated from other on-site traffic circulation on the site. a. Location. A stacking area shall not be located adjacent and parallel to a street or public right-of-way, unless the review authority determines that there is no feasible alternative. b. Capacity. A drive-through aisle that provides access to a service window shall be designed to provide the following length of stacking space, measured from the service window to the entry point into the drive-through lane.

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1. A site designated for industrial or commercial land uses in an adopted plan;

2. A site within an undeveloped area designated for residential use in an adopted plan; or

3. A site designated for residential use in an adopted plan and surrounded by existing residential uses.

For the purposes of this Zoning Code, a substation is any facility with 100,000 volts or greater capacity that either converts electrical energy to a lesser voltage for the purpose of sub-regional or localized distribution, functions as a transition point from overhead to underground electrical transmission lines, or acts as the point of convergence for two or more transmission lines.

D. Mitigation measures.

1. Overhead electrical transmission lines of 100,000 volts or greater capacity shall be designed and installed in a manner to minimize adverse visual impacts. When feasible, SMUD shall relocate and combine existing overhead transmission poles and lines with new installations. If feasible, lines shall be placed underground.

2. Substations shall be designed and constructed to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet shall be provided on all public street frontages.

3. SMUD proposals to the Council to locate and construct electrical transmission lines and/or substations subject to this Zoning Code shall include a discussion of mitigation measures to be utilized and a plan indicating the specific site treatments to be employed.

4. Where new or relocated overhead lines abut a public or private street, poles shall not be sited within, or otherwise encroach upon sidewalks or other pedestrian or bicycle pathways. 106.42.190 - Recycling Facilities 106.42.190
This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Reverse vending machines. Reverse vending machines shall comply with the following standards.

1. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.

2. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.

3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions.

The sign area shall be subject to the overall site sign area limitations in Section 106.38.060 (Zoning District Sign Standards).

4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. All outdoor lighting shall comply with the requirements of Chapter 106.35 (Outdoor Lighting).

B. Small collection facilities. A small collection facility shall comply with the following standards.

1. Location requirements. A small collection facility shall:
a. Not be located within 50 feet of any dwelling; and
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b. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

2. Maximum size. A small collection facility shall not occupy more than 600 square feet, not including space that would be periodically needed for the removal of materials or exchange of containers.

3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4. Operating standards for small collection facilities. A small collection facility shall:
a. Not use power-driven processing equipment, except for reverse vending machines; b. Accept only glass, metal, or plastic containers, paper, and reusable items; c. Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and of a capacity sufficient to accommodate materials collected and the collection schedule; and
d. Be screened where determined by the review authority to be necessary to limit visibility.

5. Maintenance standards. Collection receptacles and each small collection facility site shall be maintained as follows.
a. No receptacle shall obstruct a required parking space or disrupt either automobile or pedestrian traffic to or within the site. Each receptacle shall be located so as not to be detrimental to the appearance of the neighborhood or so as to create a public or private nuisance, as determined by the review authority.
b. Each receptacle shall be kept clean, well maintained, neatly painted, and in good operating condition. c. Each receptacle shall be clearly marked with the name of the nonprofit organization doing the collection, the recycling business sponsoring or collecting the materials, and the local telephone numbers of each.
d. Each receptacle shall be emptied on a regular basis, but not less than once every two weeks.

Materials stored shall not be allowed to overflow the containers. The external stacking or collection of materials outside of collection receptacles is prohibited. e. Any litter or spillage shall be immediately removed and cleaned. f. Upon termination of the use, all receptacles shall be removed and the site restored to its original condition within 48 hours.

6. Signs. Non-illuminated signs may be provided as follows:
a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
b. Additional directional signs, consistent with Chapter 106.38 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-ofway.

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7. Parking requirements.
a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use.
b. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.
106.42.200 - Residential Accessory Uses and Structures 106.42.200 This Section provides standards for residential accessory uses and structures, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). These requirements do not apply to accessory dwelling units, which are instead regulated by Section 106.42.015 (Accessory Dwelling Units).

A. Relationship to primary use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

B. Timing of installation. An accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless construction in advance of a primary structure is authorized through Minor Use Permit approval.

C. Attached structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits and site coverage; and shall also comply with any applicable requirements of Subsection E below, for the specific type of structure.

D. Detached structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection E below, establishes a different requirement for a specific type of accessory structure. A residential accessory structure may be located between the primary dwelling and a street only with Design Review approval.

1. Setback requirements.
a. Front setback. An accessory structure shall not be located within a required front setback except as may otherwise be provided by Subsection E below.
b. Side and rear setbacks. An accessory structure shall maintain interior side and rear setbacks of at least five feet; except that the Director may authorize a minimum side and/or rear setback of three feet.
c. Separation between structures. An accessory structure shall maintain at least a five-foot separation from other accessory structures and the primary dwelling unit. d. Double-frontage lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot, unless it is setback at least 75 feet from any street lot line. e. Reverse corner lot. On a reverse corner lot that abuts a key lot, no accessory structure shall be located less than 12.5 feet from the street property line. See Figure 4-3. f. Garages accessible from an alley. Where an accessory garage is accessible to vehicles from an alley, it shall be located not less than 25 feet from the opposite side of the alley.

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2. Location. A residential accessory structure may be located between the primary dwelling and a street only with Design Review approval.

2.3. Height limit. An accessory structure shall not exceed a maximum height of 16 feet. An accessory structure with a height greater than 16 feet shall increase the required five foot setback one foot for each foot above 16 feet (i.e., an 18-foot high structure shall be set back seven feet.) An accessory structure that is unable to meet the setback requirement previously described may have a height greater than 16 feet authorized by Minor Use Permit approval.

3.4. Lot coverage. Residential accessory structures shall be included when calculating lot coverage requirements of Section 106.24.060 (Residential District Site Planning and Building Standards). a. The combined square footage of all accessory structures shall not exceed 2,400 square feet unless authorized through Minor Use Permit approval.

E. Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection D above, as applicable.

1. Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:
a. The five-foot separation from the primary dwelling unit required by Subparagraph D.1.c (Separation between structures), above does not apply;
b. The structure shall comply with the coverage and size limitations of Subparagraph D.3 (Coverage and size limitations), above; and
c. No part of a detached patio cover shall be closer than five feet to a rear property line, five feet to interior side, and 12.5 feet to street side property line.

2. Carports. The five-foot separation from the primary dwelling unit required by Subparagraph D.1.c (Separation between structures), above does not apply to a carport. Design review is required for a carport located between the front property line and the residence.

3. Swimming pools. A non-commercial swimming pool is an allowed accessory use in any zoning district, provided that no swimming pool shall be located within a required front or side setback, closer than three Figure 4-3 – Accessory Structure on Reverse Corner Lot
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Breezeway. A structure used to provide shelter between and connect two or more structures. A breezeway for the purpose of this code, shall be at least five (5) feet wide, use similar materials and be architecturally compatible with existing structures, connect two or more entrances/exits and provide cover for a paved surface. For the purpose of connecting two structures to avoid the maximum accessory structure size of Section 106.42.200(3)(a), a breezeway cannot be longer than ten (10) feet.

Brew Pub. A facility where patrons are served beer produced on the premises for on-site consumption, and which may also include food sales. Brew pubs produce less than 5,000 barrels of beverage (all beverages combined) annually. May include “Tap Room”, which is defined separately.

Broadcasting Studio. Commercial and public communications use including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers or mobile units, which are instead defined under "Telecommunications Facilities".

Buildable Area. The portions of a lot other than required setback areas.

Building and Landscape Materials Sales. A retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.

Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Building Frontage. A building wall adjacent to a parcel boundary that abuts a public right-of-way. A primary building frontage provides the main pedestrian entrance to the building. A secondary building frontage abuts a side street, rear entrance, or has an entrance from other than a public right-of-way. See Figure 8-1.

Building Height. See Section 106.30.060 (Height Limits and Exceptions).

Building Official. The Building Official of the City of Citrus Heights.

Business Support Service. An establishment within a building that provides services to other businesses.

Examples of these services include:
• Blueprinting • Outdoor advertising services
• Computer-related services (rental, repair) • Mailing and mail box services • Copying and quick printing services • Protective services (other than office related) • Courier, messenger, and delivery services,
small scale, without fleet vehicle storage (see
also “Freight Terminals”)
• Security systems services
• Film processing and photofinishing (retail)
Figure 8-1 – Building Frontages
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Lodging.

1. Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging, where meals may be provided subject to applicable Environmental Health Department regulations.

2. Hotel or Motel. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Lot Area. The area included within the lot lines of a lot, expressed in square feet or acres. Gross lot area is the total area within the lot lines, exclusive of adjacent dedicated street rights of way. Net lot area is the gross area of the lot, not including the area of easements on the lot for streets or driveways that are not for the exclusive use of the lot.

Lot Coverage. The percentage of total lot area occupied by primary structures, all accessory structures, and accessory dwelling units, but not including swimming pools.

Lot, or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Zoning Code. Types of lots include the following. See Figure 8-3 (Lot Types).

1. Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the lot is considered an interior lot.

2. Cul-de-sac lot. A lot located partly or entirely on the "turnaround" portion of a cul-de-sac street.

3. Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

4. Interior Lot. A lot abutting only one street.

5. Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.

6. Reverse corner Lot. A corner lot, the rear of which abuts a key lot.

7. Through Lot. A lot with frontage on two generally parallel streets Figure 8-3 – Lot Types
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Lot Coverage. See "Site Coverage."
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 8-4 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.

Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 8-4 (Lot Features)):

1. Front Lot Line. On an interior lot, the property line separating the parcel from a street or public right of way.

The front lot line on a corner lot is the line with the shortest frontage. (If the street-fronting lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2. Interior Lot Line. Any lot line not abutting a street.

3. Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

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

Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 8-4 (Lot Features). The Director shall determine lot width for parcels of irregular shape.

Figure 8-4 – Lot Features
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Restaurant, Café, Coffee Shop. A retail business selling ready-to-eat food and/or beverages for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Does not include restaurants with alcohol service, which are separately defined (see “Alcoholic Beverage Sales).

Retail Complex. A primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.

Review Authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Zoning Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 6 (Planning Permit Procedures).

Rooming or Boarding House. A dwelling or part of a dwelling where lodging is furnished for compensation to five or more persons living independently from each other. Meals may also be included. Does not include fraternities, sororities, convents, or monasteries, which are separately defined under "Organizational House." S. Definitions, "S."
School. A public or private academic educational institution, including:
• Boarding school • High school
• Community college, college, or university • Military academy • Elementary, middle, and junior high schools
School. Specialized Education/Training. Facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Day Care"). See also the definition of "Studio - Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction.

Examples include the following:
• Art school • Language school
• Ballet and other dance school • Martial arts
• Business, secretarial, and vocational school • Music school • Computers and electronics school • Professional school (law, medicine, etc.) • Drama school • Seminaries/religious ministry training facility • Driver education school
• Establishments providing courses by mail
• Tutoring Centers

1. Minor Specialized Education/Training. Facility with no more than 100 students on-site at any one time and where the operational characteristics of the school are unlikely to cause significant impacts on surrounding land uses or the community.

2. Major Specialized Education/Training. Facility with more than 100 students on-site at any one time or the operational characteristics of the school are likely to cause significant impacts on surrounding land uses or the community.

Second Hand Store. A retail store that buys and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects. Does not include bookstores ("Retail Stores"); secondhand farm and construction equipment ("Construction, Farm, and Heavy Equipment Sales"); junk dealers, or scrap/dismantling yards (Recycling Facilities - Scrap and Dismantling Yards"); the sale of antiques and collectibles ("Retail Stores"); the sale of cars and other used vehicles ("Auto and Vehicle Sales, Leasing, and Rental, Used"); or pawnshops ("Personal Services - Restricted").

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Warehouse Retail. A retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers.

Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include:
• Agents, merchandise or commodity brokers, and commission merchants • Assemblers, buyers and associations engaged in the cooperative marketing of farm products • Merchant wholesalers
• Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.

Work/Live Unit. See "Live/Work Unit, Work/Live Unit."
X. Definitions, "X." No specialized terms beginning with the letter "X" are defined at this time.

Y. Definitions, "Y."
Yard. An area between a lot line and a structure, unobstructed and unoccupied from the ground upward, except for projections permitted by this Zoning Code. See also "Setback," and Section 106.30.100 (Setback Requirements and Exceptions). See Figure 8-6.

1. Front Yard or Setback. An area extending across the full width of the lot between the front property line and the primary structure, and includes the front setback required by the applicable zoning district.

2. Rear Yard or Setback. An area extending the full width of the lot between a rear property line and the primary structure, and includes the rear setback required by the applicable zoning district..

3. Side Yard or Setback. An area between a side property line and the primary structure extending between the front and rear yards, and includes the side and street side setbacks required by the applicable zoning district.

Figure 8-6 – Yards or Setbacks
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STAFF
REPORT
Hearing Date: August 13, 2024
File Number: PLN-24-10
Application Type: Zoning Ordinance
Update
Assessor’s Parcel Number(s): Citywide
Prepared by: Steffane Lui, Assistant
Planner, [email protected]
Project Name: Zoning Code Update – Various Chapters
Project Address: N/A
Gross Acreage: N/A Net Acreage: N/A Net Density: N/A
Current Zoning: N/A Proposed Zoning: N/A
Surrounding Zoning: Surrounding Land Use
Designation
Actual Use:

On-site:

Not Applicable
Citywide
North:

South:

West:

East:

Environmental Status:
(X) Exempt Section 15061(b)(3)
() Negative Declaration
() Mitigated Negative Declaration
() Previous Negative Declaration
() Environmental Impact Report
() Previous Environmental Impact Report
Planning Department Recommendations:
(X)Recommend approval and forward to the City Council for final action ()Approve with conditions
()Denial
Applicant: City of Citrus Heights
Planning Division
Property
Owner:

Citywide Ordinance
Community Development Department
Planning Division
6360 Fountain Square Dr.

Citrus Heights, CA 95621
www.citrusheights.net
(916) 727-4740
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REQUEST
The Planning Division requests the Planning Commission review the attached proposed Zoning Code Amendments. The proposed amendments include changes to various chapters of the Zoning Code including clarification and reorganization of sections pertaining to Recycling, Parking, Alcoholic Beverage Sales, and Convenience Stores. The Planning Commission’s decision will be forwarded to the City Council for final action.

SUMMARY RECOMMENDATION
The Planning Division recommends the Planning Commission make the following motions:

Motion 1: Recommend the City Council adopt a Resolution to find the proposed amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the Guidelines in that adoption of the proposed Ordinance will not result in any impacts on the physical environment; and
Motion 2: Recommend the City Council adopt an Ordinance amending sections of Chapter 106 of the City of Citrus Heights Municipal Code (Zoning Code Section) as shown in Exhibit A.

BACKGROUND
The City’s land use and zoning regulations are contained in Title 106 (Zoning) of the City’s Municipal Code (hereinafter referred to as the Zoning Code). The Zoning Code carries out the policies of the General Plan by providing standards and guidelines for the continuing orderly development of the City.

On occasion, refinements to the Zoning Code are necessary to clarify existing standards, implement new ones, reflect changes in law, and address changing business types and their activities. Staff proposes to modify various sections of the Zoning Code by reorganizing, unbundling, and providing additional clarification to ensure the code is easier to navigate. Sections that have been changed include Recycling, Parking, Alcoholic Beverage Sales, and Convenience Stores. The approval of these amendments does not approve any development project. Rather, they amend and clarify the certain sections of the Zoning Code for consistency and ease of navigation

PROJECT DESCRIPTION
This staff report includes a table of the proposed changes. The table lists the code section number, the topic and a brief discussion of the change. Exhibit A includes a complete list of the zoning amendments in underline/strikeout text format.

Recycling
Over the past few years, the City Council has adopted several Strategic Goals that focused on reducing blight. Significant efforts have been made through the creation of the City’s Beautification Team, whose focus is to clean up sidewalks and other public spaces. Other efforts included the adoption of a Shopping Cart Ordinance, which provides a regulatory framework to address carts removed from their place of business and abandoned throughout the City. While these efforts have been effective, concerns remain of blight associated with small recycling centers. While center operators employ efforts to maintain their spaces, observations have shown the areas surrounding the centers are littered with abandoned shopping carts, have increased calls for services in the vicinity and other blight inducing activities.

There are currently four recycling centers in operation. These centers do provide community benefits by allowing consumers to recoup deposit paid on the beverage containers at the point of sale, reduce items ITEM 11 Agenda Packet Page 135
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going to the landfill, and support an environmentally responsible community. However, blight is still associated with the centers. To support blight reducing measures, the update includes removing recycling centers from the land use table. This revision allows existing centers to remain in operation but would not permit any additional centers.

Other efforts to reduce blight associated with the centers will be ongoing. Staff is working with recycling center operators to seek solutions and improve the appearances of the centers.

Parking
As listed in Table 1, several updates to the Parking Section are proposed. The majority of the changes to the parking standards are minor and most changes were made for clarity. The changes unbundle and reorganize sections to clearly differentiate standards for required residential parking and additional residential parking. An addition to the Zoning Code is the listing of surfaces allowed for parking. While this is new to the Code, it is not new regulations. The allowed parking surface materials were enforced through Code Enforcement. Adding the surface materials into the Zoning Code will be easier for the public so all regulations are in one document as well as provide staff the ability to provide consistent information.

Alcoholic Beverage Sales
The sale of alcohol is a highly regulated business activity requiring approvals from the State of California Department of Alcoholic Beverage Control (ABC) and in many instances, both the Planning Commission and the City Council. In efforts to promote economic development and reduce governmental obstacles, amendments to Alcoholic Beverage Sales Section 106.42.020 are proposed. The goal of these amendments is to lessen the time and costs businesses incur when establishing a location yet still provide oversight and special attention necessary. Table 1 includes a listing of all the changes and additional information is discussed below.

As mentioned, businesses selling alcohol are highly regulated. ABC is the state agency of authority who issues the “liquor license.”. As part of their review, ABC regulates how many licenses can be issued in a census tract (called concentration) as well as considers the location’s adjacency to certain uses (schools, playgrounds, churches, etc.). If an area is considered “over concentrated” ABC requires the business to obtain approval from the local authority, called a Letter of Public Convenience and Necessity (PCN)1 . For
the City of Citrus Heights, PCNs are reviewed and granted by the City Council. Additionally, the City’s Zoning Code requires a Use Permit based upon separation standards.

Since both ABC and the City’s Zoning Code provided distance separation requirements, staff is proposing to remove those standards from the Zoning Code and rely on ABC’s regulations. Staff supports this change to reduce the burden on the applicant to process two City applications (Use Permit and PCN) since in most cases, the issuance of the liquor license will require City Council approval due to over-concentration. In Citrus Heights there are 22 census tracts and of those, 15 are considered over concentrated. This means that a proposal to sell alcohol within those census tracts would require approval from the City Council through a PCN application.

While the remaining seven census tracts are not over-concentrated, meaning a PCN would not be required, staff feels comfortable the revisions proposed provide the necessary standards and operating restrictions to ensure the business is not a detriment to the community. While the proposed amendments exempt the Use Permit requirement, it is a limited exemption and applicable to those businesses proposing to operate no later than 10 PM Sunday through Thursday and 11 PM Friday and Saturday. Alcohol related businesses 1 PCNs for restaurants do not require City approval; ABC reviews and grants PCNs for restaurants.

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proposing later hours (convenience store, liquor store, bars, pubs, etc.) will still require a Use Permit. This provides staff the ability to consider the businesses proximately to sensitive uses including residential properties, schools, youth centers, etc. It is worth noting that this exemption currently exists within the code but was limited in applicability to brew pubs, taverns, and recreation centers. Table 1 provides an overview of each of the proposed amendments.

While the amendments are lifting regulations in which we are customarily used to reviewing, staff feels sufficient oversight remains even if an alcohol related business does not require a Use Permit or PCN.

This oversight can be met when the City received notification from ABC of their receipt of a liquor license application. This notification provides the City the opportunity to “protest” the issuance of the license based upon a variety of factors including calls for service in the surrounding area or its proximity to other uses (day care, other establishments, etc.).

SUMMARY OF ALL CHANGES
The table below includes all the changes proposed for the Zoning Code Update.

TABLE 1
Article 2 – Zoning Code Districts and Allowable Land Uses Code Section Change
106.26.030 - Commercial and
Industrial District Land Uses and
Permit Requirements
 Remove Recycling- Small collection facility from land use table
 Remove “Storage – RVs, boats” use from Use Table
o use was combined with “Vehicle Storage” in a
previous Zoning Code Change
 Remove “Vehicle storage” use from “Transportation,
Communications & Infrastructure” and add to “Vehicle
Sales and Services”
Article 3 – Site Planning and Project Design Standards
Code Section Change
Contents- Added Section 106.38.070 Standards for Specific Sign Types  Section was missing from contents
106.30.100 Setback Requirements
and Exceptions
Added clarification to the corner lot setback requirements 106.36.030 General Parking
Regulations
Moved and redirected the provisions of this section to
106.36.080 (Parking Design and Development Standards)
 Added new item F-Renamed “Residential parking
restrictions” section to “Residential Parking and Storage” o Moved “Residential Parking and Storage” under
106.36.030 General Parking Regulations
 Renamed “Residential parking” to “Required single-family residential parking”
 Moved temporary overnight parking requirements under
“Required single-family residential parking”
Renamed “Residential parking restrictions to “additional residential parking standards”
ITEM 11 Agenda Packet Page 137
Zoning Code Update
August 13, 2024 Page 5 of 7
Removed title for “residential parking surface”
Added a list of acceptable parking surfaces consistent with Code Enforcement requirements.

Added Parking may not occur within any required clear vision triangle (Section 106.30.060 Figure 3-4) area on a corner lot.

Restructured “Recreational vehicle and trailer parking” section 106.38.060 Zoning District Sign
Standards
Table 3-11 – Remove Maximum Sign Height of 6 ft. for Single Dwelling, Duplex, Triplex, Home Occupation
 Sign dimensions will comply with Maximum Sign Area
Allowed per Parcel (1SF)
Article 4 – Standards for Specific Land Uses
Code Section Change
106.42.015 Accessory Dwelling
Units
Changes to Accessory Dwelling Units section include the following:
 Change the 15-foot restrictions for ADU windows to 10 feet on a second story consistent with second story residential addition windows and privacy standards.
 Adds second story balcony placement regulations to reflect regulations for ADU window placement.
106.42.020 Alcoholic Beverage
Sales
Changes to the Alcoholic Beverage Sales section include the following:
 Remove distance requirements
 Change hours of operation requirements to include all alcohol beverage sale locations (not limit to brew pubs, taverns, and commercial recreation facilities indoor)
106.42.070 Convenience Stores Changes to Convenience Stores section include the following:
 Remove distance requirements
106.42.190 Recycling Facilities Changes to the Recycling Facilities Section include the following:
 Remove “sitting and” for grammar and clarification.
106.42.200 Residential Accessory
Uses and Structures
Changes to Residential Accessory Uses and Structures include the following:
 Moved “A residential accessory structure may be
located between the primary dwelling and a street only
with Design Review approval” to create its own bullet.

Article 8 – Glossary
Code Section Change
106.80.020 Definitions of
Specialized Terms and Phrases
Added definitions for the following terms:
 Breezeway
Photos for Figure 8-3 and Figure 8-4 corrected
 Moved photos after definitions
Added Tutoring Center as an example to School-specialized education/training
Moved Figure 8-6 – Yards or Setbacks after “Yard” definition ITEM 11 Agenda Packet Page 138
Zoning Code Update
August 13, 2024 Page 6 of 7
ITEM 11 Agenda Packet Page 139
Zoning Code Update
August 13, 2024 Page 7 of 7

CONCLUSION
The proposed Zoning Code amendment is consistent with the General Plan and will not be detrimental to the public interest, health, safety, convenience, or welfare of the city. The proposed modifications are intended to update the Zoning Code based on changing trends, new legal requirements or best practices; therefore, staff recommends approval of the amendments.

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act (CEQA Guidelines Section 15061(b)(3) in that adoption of the proposed Ordinance will not result in any impacts on the physical environment; and under the general rule that the proposed amendments to the Municipal Code do not have the potential to have a significant effect on the environment.

RECOMMENDATION
The Planning Division recommends the Planning Commission make the following motions:

Motion 1: Recommend the City Council adopt a Resolution to find the proposed amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines; and
Motion 2: Recommend the City Council adopt an Ordinance amending sections of Chapter 106 of the City of Citrus Heights Municipal Code (Zoning Code Section) as shown in Exhibit A.

Exhibit A: Redline of Zoning Code Text
ITEM 11 Agenda Packet Page 140
August 12, 2024
Casey Kempenaar
Community Development Director
City of Citrus Heights
6360 Fountain Square Dr.

Citrus Heights, CA 95621
RE: August 13 Planning Commission Meeting Agenda Item 5 Dear Casey,
I am writing on behalf of the Sunrise Marketplace Property and Business Improvement District in support of staff’s proposed Zoning Changes as relates to Recycling Operations and Alcohol Beverage Sales. Unfortunately, I am unable to attend the meeting to voice our support and ask that you accept this letter instead.

While the Recycling centers do provide a service for residents, they are also magnets for homeless and others to loiter around and cause disruption at adjacent businesses. These centers by their nature tend toward a blighted appearance. Currently, there are sufficient recycling centers to meet the needs of residents and the homeless. We support limiting the amount of these centers to the existing businesses and no more.

As our businesses continue to struggle to recover from the impacts of the pandemic, we applaud the streamlining of permitting and utilizing ABC standards and restrictions when approving alcohol related businesses. The entitlement process can be a long and expensive endeavor, landlords and tenants will appreciate the businessfriendly action by the City. We also support InterCal’s proposed use for a vacant space at Greenback Square. The Center has several vacant spaces. The Bourbons and More business will fill one of these spaces, generating footsteps and making the center more attractive for other tenants to consider. The store will be differentiated from other liquor stores by its higher end, unique product offering.

We appreciate your consideration of our input and support continued efforts to make the City of Citrus Heights business friendly.

Warmest Regards,
Kathilynn Carpenter
Executive Director, Sunrise MarketPlace PBID
ITEM 11 Agenda Packet Page 141
Printed on Recycled Paper

CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE: September 11, 2024
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FROM: Meghan Huber, Economic Development & Community Engagement Director
SUBJECT: Approval of Economic Development Support Fund Grant Request by the Citrus Heights Chamber of Commerce
Summary and Recommendation
The City’s Economic Development Support Fund – Part I provides grants and sponsorships to business associations, businesses, and other economic development-related organizations for events, marketing, and promotions, studies to further economic development, and other economic development-related activities that promote the program goals. The Citrus Heights Chamber of Commerce has submitted an application request in the amount of $25,000, comprised of three parts:
$10,000 – annual Chairman’s Circle sponsorship
The City of Citrus Heights has been a Chairman’s Circle sponsor of the Chamber of Commerce for the previous ten years (beginning in 2012).
$7,000 – annual cost to rent Citrus Heights Community Center facilities to host monthly Chamber luncheons
The Chamber included this additional grant request beginning in Fiscal Year 21/22 to pilot hosting monthly chamber luncheons at this new location within city limits. Previously, the Northridge Country Club in Fair Oaks event space and catering was utilized as it was the closest venue that could regularly accommodate this size of event. Since partnering on hosting, the Chamber has consistently expressed gratitude and excitement to be now able to host events within Citrus Heights. Additionally, they have supported multiple local restaurants within Citrus Heights by utilizing them for catering services.

ITEM 12 Agenda Packet Page 142
Subject: Economic Development Support Fund grant request by the Citrus Heights Chamber of Commerce Date: September 11, 2024