Agenda packet — Etna City Council, November 3, 2025 (part 2 of 2)

Any person having an interest in the sign or the property may appeal the determination of the code enforcement officer ordering removal or compliance by filing a written notice of appeal with the city clerk within ten (10) days after the date of mailing the notice, or ten (10) days after receipt of the notice if the notice was not mailed. The appeal shall be heard by the city council or a committee of the city council which the city council is authorized to create by resolution. Such a committee, if created, shall be called the sign code board of appeals.

Notwithstanding the above, in cases of emergency, the code enforcement officer may cause the immediate removal of a dangerous or defective sign without notice.

Disposal of signs—Fees.

Any sign removed by the code enforcement officer pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of abatement or removal shall include any and all incidental expenses incurred by the city in connection with the sign abatement or removal.

If the costs are to be assessed against the property, a hearing to confirm such cost shall be held before the city council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of such property owner as shown on the last equalized assessment roll. If proof is made that notice, as required to be given herein, has in fact been given, the failure of any owner or owners to receive such notice shall not invalidate any proceedings hereunder either as to removal or abatement of such sign or the cost or assessment made in connection therewith. If a cost assessment is confirmed by the city council, such assessment shall be added to and collected with the next property tax bill and shall be treated as a real property tax or assessment and have the same priority as such tax or assessment.

4. 5.

1. 2.

17.64.120 Construction standards.

Compliance With Building Code. All signs shall comply with the appropriate detailed provisions of the city building code relating to design, structural members, and connections.

Signs shall also comply with the applicable provisions of the electrical code of the city and the additional construction standards hereinafter set forth in this section.

Supports and Braces. Metal supports or braces shall be designed for and have sufficient strength to support any sign which is attached thereto.

Sign Anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

Detached Signs. All detached sign structures or poles shall be self-supporting structures erected on and permanently attached to concrete foundations. Such structures or poles shall be fabricated only from painted steel or such other materials as may be approved by the city clerk.

Glass. When glass is used for sign letters or transparent panels, it shall be at least double strength thickness for display areas up to and including three hundred (300) square inches.

When glass is used for sign letters or transparent panels for display areas in excess of three hundred (300) square inches at least one-quarter (0.25) inch wire glass shall be used and the maximum span between supports shall be four (4) feet.

Electric Signs. All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Standards, the Underwriters’ Laboratories, Inc., or other similar institution of recognized standing. The full number of illuminating elements thereof shall be kept in satisfactory working condition or immediately repaired or relocated.

Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. All electric signs shall have a disconnect switch located in accordance with the provisions of this title and the electrical code adopted by the city council.

Strength of Parapet Wall. A parapet wall must be designed for and have sufficient strength to support any sign which is attached thereto.

17.64.130 Maintenance of signs.

Generally. Each sign shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of such sign. The code enforcement officer shall require compliance or removal of any sign determined to be in violation of this section in accordance with the provisions of Section 17.64.110 (Removal and disposition of signs by city).

Abandoned Signs. Any sign which is located on property which becomes vacant and unoccupied for a period of three (3) months or more, or any sign which was erected for an occupant or business unrelated to the present occupant or their business, or a sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be promptly removed by the owner of the sign or owner of the premises.

Dangerous or Defective Signs, No person shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises.

Illegal Signs. No person shall erect or maintain or permit to be erected or maintained on any premises owned or controlled by them any sign which does not comply with the provisions of this chapter.

17.64.140 Variances.

When the strict application of the provisions of this chapter would result in unnecessary hardship or a result inconsistent with the general purposes of this chapter, a variance from the provisions of this chapter may be granted in accordance with Chapter 17.72 (Use Permits and Variances).

No “use variance” shall be granted. A “use variance” is one which permits a particular type of sign to be located in a zoning district in which it is prohibited by this chapter.

Use permits.

Where a conditional use permit is authorized or required by this chapter, such permit may be granted at the discretion of the city council. The council shall consider all the factors relating to the proposed sign, whether such sign will adversely affect the public health, safety, and welfare, and whether the application complies with Section 17.64.010 (General) relating to the purpose of this chapter.

The decision to grant or deny a conditional use permit or to impose conditions on a conditional use permit may not be based on the content of messages except to the extent needed to determine legality under federal or state law.

Before granting a conditional use permit, the city council shall consider all of the factors relating to the proposed sign and, based on the evidence submitted, make the following findings, as applicable:

The proposed sign will not produce adverse spillover effects (glare, flashing, etc.) on other nearby land uses.

The sign is architecturally compatible, in terms of comparative scale and scope, with building heights in the existing neighborhood.

The sign does not impose a foreign or inharmonious element to the existing skyline.

The location and placement of the sign will not endanger motorists or pedestrians.

The sign will not materially obstruct any prominent view of a structure or facade of historical or architectural significance.

The sign will not materially obstruct any prominent view of a natural feature of regional or statewide significance.

The sign will not materially obstruct views of users of adjacent buildings to side yards, front yards, or open space. The sign will not adversely affect the visual quality of a public open space as a public recreation facility, square, plaza, courtyard, or other similar use.

The sign's lighting will not cause hazardous or unsafe driving conditions for motorists.

17.64.150
A.

1. 2.

3. 4.

5. 6.

7. 8.

Appeals.

Any person aggrieved or dissatisfied with the action of staff resulting from the administration of this chapter may appeal therefrom to the city council in accordance with Section

17.120.020 (Appeals of administrative action).

When deciding to affirm, modify, or reverse the action or decision appealed, the city council shall not consider the content or graphic design of messages other than to determine legality under federal or state law.

17.64.160
A.

Violations.

In the event any person should erect, alter, relocate, or maintain a sign in violation of the provisions of this chapter, the same is declared a public nuisance and the city attorney is authorized to bring and prosecute an action in court of competent jurisdiction to enjoin such person from continuing such violation. Any person violating the provisions of this chapter is guilty of an infraction.

17.64.170
CHAPTER 17.68

NONCONFORMING USES, STRUCTURES, AND PARCELS
Sections:

17.68.010

17.68.020

17.68.030

17.68.040

17.68.050

17.68.060
Purpose and applicability.

Continuation and maintenance.

Modification or expansion.

Destruction and replacement.

Abandonment of nonconforming status.

Nonconforming parcels.

Purpose and applicability.

This chapter establishes special regulations for nonconforming land uses, structures, and parcels that were lawful prior to the adoption or amendment of this title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or future amendments. It is the intent of these regulations to allow the continuation of nonconformities under limited conditions outlined herein and reconstruction in the event of disaster. Generally, any expansion of nonconforming uses or structures is prohibited; however, this chapter establishes special regulations for the potential expansion of nonconformities where specific findings can be made.

17.68.010
Continuation and maintenance.

Nonconforming Uses. A lawfully established nonconforming use may continue to operate in perpetuity, be transferred, or be sold; provided, that the use shall not be enlarged or intensified, nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming. Likewise, plans for any use approved as of the date the ordinance codified in this chapter becomes effective may be carried out as approved. Any extension of such approval for which the applicant was entitled to apply as of the effective date may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. The person asserting the nonconforming use must present evidence that the use existed before enactment of the regulations prohibiting or discontinuing the use.

Nonconforming Structures. A nonconforming structure may be maintained or improved as follows:

17.68.020
A.

A nonconforming structure shall be maintained and repaired as necessary to keep the building or structure in sound condition. Maintenance does not include replacement of the structure.

Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable safety standards and the building code.

Structural alteration of a nonconforming structure is permitted to improve safety or to reduce fire hazard.

1. 2.

3. Modification or expansion.

Nonconforming Uses. A legal nonconforming use may be modified or expanded, subject to the granting of a use permit in accordance with Chapter 17.72 (Use Permits and Variances).

17.68.030
A.

Nonconforming Structures. An addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this title and provided such modifications do not expand the extent of nonconformity or result in additional nonconformities.

Destruction and replacement.

If a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, the structure may be repaired or rebuilt and reoccupied in the same manner in which it originally existed if the restoration is started within two (2) years of the date of the damage and is diligently pursued to completion.

17.68.040
Abandonment of nonconforming status.

If a nonconforming use is discontinued for a continuous period of one (1) year or more, rights to nonconforming status shall terminate. A determination that a use has been abandoned requires both evidence of discontinuance of the use, and an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license is not considered a continuation of the use. Without further action by the city, any subsequent use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this title.

17.68.050
Nonconforming parcels.

Any lot or parcel of land of record on the effective date of the ordinance codified in this title may be used as a building site even when it has less area or width then required by the regulations for the district in which it is located provided there are no adjoining parcels under the same ownership.

The applicant shall submit a site plan in accordance with Section 17.76.020 {Site Plan). Upon review of the site plan and the finding that the application otherwise complies with all other provisions of this title, the city clerk or their designee may approve the site plan. If the city clerk or their designee denies the application or imposes conditions unacceptable to the applicant, the applicant may file the request with the city council who may approve the use if it finds the application otherwise complies with all other provisions of this title.

17.68.060
CHAPTER 17.72

USE PERMITS AND VARIANCES
Sections:

17.72.010

17.72.020

17.72.030

17.72.040

17.72.050

17.72.060

17.72.070

17.72.090

17.72.100
Administrative permits.

Conditional use permits.

Variances.

Application.

Public hearing.

Action by the city council on a use permit.

Action by the city council on a variance.

Modification of site plan for which a use permit has been granted.

Revocation of use permits.

Revocation of variances.

Administrative permits.

Uses requiring an administrative permit. Uses shall be required to obtain an administrative permit as specified in this section.

Application.

Application for an administrative permit shall be made on a form prescribed by the city clerk and accompanied by a fee established by the city council. If the applicant does not own the property for which a permit is requested, the application shall be signed by the owner of the property.

No public hearing is required for the review and processing of an administrative permit.

The city clerk or their designee may grant or deny an application for an administrative permit under the provisions of this section.

Written notice of decision shall be provided within ten (10) days of the date of decision to the applicant and to all parties who submitted comments or who provided contact information to receive notice. The notice shall include:

The application request as acted upon by the city clerk or their designee; The action taken by the city clerk or their designee;
A brief statement explaining the criteria and standards considered relevant to the decision;
A statement of the standards relied upon in rendering the decision; Findings as listed for each entitlement for the decision based on the criteria, standards, and facts set forth; and
The deadlines, criteria, and fees for filing an appeal.

Revocation. After providing a ten (10)-day notice to the permittee and holding a hearing, the city council may revoke any administrative permit that has been granted pursuant to the provisions of this section upon finding any of the following, based on substantial evidence:

Any of the terms or conditions of the permit have been violated.

17.72.010
A.

1. 2.

3. 4.
a.
b.
c.
d.
e.
f.

1. 2. A law, including any requirement in this title, has been violated in connection with the permit.

The permit was obtained by fraud.

Appeals. If the applicant or any other person is dissatisfied with a city staff action regarding an administrative permit, they may appeal said action pursuant to Section 17.120.020 (Appeals of Administrative Action).

3. D.

Conditional use permits.

A conditional use permit may be issued in the manner specified in this chapter for any of the uses or purposes for which such conditional use permits are required by the terms of this title.

17.72.020

17.72.030
A. The city council may approve variances from the terms of this title only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by the other property in the vicinity and under identical zoning classification.

B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise authorized by the zoning district governing the parcel of property.

Variances.

Application.

Application for a conditional use permit shall be made to the city council in writing on a form prescribed by the city clerk and shall be accompanied by a site plan of sufficient detail to show the detail of the proposed use of land or building. Such application shall be accompanied by a fee established by resolution of the city council.

Application for a variance shall be made to the city council in writing on a form prescribed by the city clerk and shall be accompanied by a detailed statement justifying a variance and plans and elevations necessary to show the detail of the proposed variance. Such application shall be accompanied by a fee established by resolution of the city council.

The city shall have thirty (30) days to determine if the application is complete and will give written notice of any additional information required to make the application complete.

17.72.040
A.

Public hearing.

A public hearing by the city council shall be held within forty-five (45) days after the filing of an application for a conditional use permit or variance that has been determined complete for processing provided that compliance with the California Environmental Quality Act has been completed. Notice of the hearing shall be given in the manner set forth in Section 17.120.010 (Notice Required).

17.72.050
Action by the city council on a use permit.

In order to grant any conditional use permit, the findings of the city council shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of

17.72.060
A.
such proposed use, or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the city.

B. The city council may designate such conditions in connection with approval of a conditional use permit as it deems necessary to secure the purposes of this title and may require that such conditions will be complied with by the permittee.

C. The city council shall render its decision on any conditional use permit within thirty-five (35) days following close of the public hearing. Failure of the city council to render its decision within the period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this paragraph, is an administrative function, the authority and responsibility for performing which is imposed upon the city council, and the action thereon by the city council shall be final and conclusive.

Action by the city council on a variance.

In order to grant any variance, the findings of the city council shall be:

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

That the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

The variance is not for and does not authorize a use or activity which is not otherwise permitted in the relevant zoning district.

17.72.070
A.

Modification of site plan for which a use permit has been granted.

Any use permit granted pursuant to this chapter shall be conducted only in accordance with a site plan submitted pursuant to Section 17.76.020 (Site plan) and approved at the time of issuance of the use permit. In the event the holder of a use permit desires to modify said site plan, an application shall be filed for modification of the site plan for approval or disapproval of the city council, in accordance with the same procedure for the issuance of a use permit as provided in this chapter. Notwithstanding the foregoing, minor alterations of the site plan may be granted by the city clerk or their designee, if they find that such modification does not materially change the site plan or have the potential to adversely impact adjacent property owners and is otherwise in full compliance with all other provisions of this code or any other laws, rules, or regulations relating thereto.

17.72.080
Revocation of use permits.

The city may move to revoke an approved use permit if: the use permit is not used within one (1) year from the date of approval, in the event the use permitted is abandoned or not utilized for a period of one (1) year, or the permittee fails to comply with the conditions of approval of the permit.

Any use permit granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit are violated, or if any law or ordinance is violated in connection therewith, or if the city council finds that the continuance of the use permit will endanger the public health, safety, or welfare.

17.72.090
A.

B.
c. The city council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing.

Revocation of variances.

A. The city may move to revoke an approved variance if not used within one (1) year from the date of approval, or in the event the use for which the variance is approved is abandoned or not utilized for a period of one (1) year.

B. Any variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such variance are violated or if any law or ordinance is violated in connection therewith, or if the city council finds, that the continuance of the variance will endanger the public health, safety, or welfare.

C. The city council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing.

17.72.100
CHAPTER 17.76

SPECIAL PROVISIONS
Sections:

17.76.010

17.76.020

17.76.030

17.76.040

17.76.050

17.76.060

17.76.070

17.76.080

17.76.090

17.76.100

17.76.110

17.76.120

17.76.130

17.76.140

17.76.150

17.76.160

17.76.170

17.76.180

17.76.190

17.76.200

17.76.210

17.76.220

17.76.230

17.76.240

17.76.250

17.76.260

17.76.270
Application.

Site plan.

Official plan lines.

Second dwelling units.

Manufactured homes.

Manufactured home parks.

Recreational vehicles.

Recreational vehicle parks.

Open space requirements for multifamily developments.

Single-room occupancy.

Emergency shelters.

Fences, walls, hedges, and equivalent screening.

Outdoor lighting.

Temporary structures.

Temporary uses.

Commercial outdoor dining and seating.

Community gardens.

Garage sales.

Height limits.

Setback exceptions.

Dish-type or satellite antennas.

Cargo containers.

Trash and recycling enclosures.

Screening.

Cannabis and cannabis products.

Low barrier navigation centers.

Employee housing.

Application.

All regulations specified in this chapter shall be subject to the general provisions, conditions, and exceptions contained in this title.

17.76.010
Site plan.

When a site plan is required by this title, the applicant shall submit at least one (1) copy of the site plan to the city clerk for review. The site plan should be drawn to scale and shall indicate clearly and with full dimensions the information required.

Site plan requirements:

Exterior boundary lines, dimensions, and size of the property.

North arrow and scale.

Name of property owner, property address, and assessor parcel number(s).

Label all adjacent streets or rights-of-way.

17.76.020
A.

1. 2.

3. 4.

All existing and proposed buildings and structures, including their location, size (approximate square footage), height, and proposed or existing use (e.g., home, garage, fence, etc.).

Location and name of adjacent and on-site streets/alleys.

Location and dimensions of all existing/proposed easements, points of access, driveways and parking areas, and pavement type.

All areas proposed for grading or landscaping.

Distances from all structures to property lines, easements, and other structures on the property.

Any nearby buildings relevant to the application and their use.

Any existing significant natural features, such as watercourses.

The city shall approve, approve with such conditions as are deemed necessary to protect the public health, safety, peace, comfort, and general welfare, or disapprove the site plan.

In approving the site plan, the city or city council shall ascertain that all applicable provisions of this title are complied with.

Revisions by the applicant to an approved site plan shall be made pursuant to the initial application procedure set forth in this chapter.

5. 6.

7. 8.

9. 10.

11. C.

Official plan lines.

Whenever an official plan line has been established for any street, required setbacks shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

17.76.030
Second dwelling units.

The following development standards shall apply to second dwelling units:

The second dwelling unit shall have been constructed prior to January 1, 2017, and in accordance with all laws in effect at the time.

The maximum square footage of a second dwelling unit is one thousand two hundred (1,200) square feet.

A maximum building height of twenty-five (25) feet is permitted.

Second dwelling units shall comply with the setback requirements of the zoning district in which they are located, except that a rear yard setback of no less than five (5) feet shall be permitted.

Either the second dwelling unit or the primary dwelling unit must be occupied by the owner of the property.

The required off-street parking for the primary dwelling unit plus one (1) off-street parking space per bedroom for the second dwelling unit must be provided.

One (1) second dwelling unit per parcel is allowed.

The second dwelling unit can be attached or detached from the primary dwelling unit.

The second dwelling unit shall be architecturally compatible with the primary dwelling unit or the immediate neighborhood.

17.76.040
A.

The second dwelling unit shall be compatible with the scale of the adjoining residence and blend into the existing neighborhood.

All HVAC or other mechanical units shall be placed not in public view or shall be screened from public view by a fence, wall, or permanent landscaping.

The second dwelling unit shall not exceed the allowable density for the lot upon which it is located.

Manufactured homes.

Pursuant to Government Code Section 65852.3(a), a manufactured home shall be permitted on any lot zoned for a conventional single-family dwelling if such manufactured home is placed on a permanent foundation in compliance with Health and Safety Code Section 18551. Said manufactured home is subject to all requirements for a single-family residence in the applicable zone district in which it is proposed to be located. Manufactured homes which are more than ten (10) years old are not permitted. Proof of the date of manufacture of the manufactured home shall be required at the time of building plan check submittal.

17.76.050
Manufactured home parks.

Site Area. A manufactured home park shall have a minimum site area of two (2) acres and shall have not less than three thousand (3,000) square feet of area for each manufactured home space located on the site.

Density of Development. The maximum number of manufactured homes permitted per acre shall be in accordance with the zoning district in which the manufactured home park is located.

Open Space. A minimum of one hundred (100) square feet of outdoor or indoor recreation area shall be provided for each manufactured home lot exclusive of required yards or vehicle parking areas. The minimum size for any single outdoor recreation area shall be two thousand five hundred (2,500) square feet.

Location Restrictions. No manufactured home space or dwelling unit shall be located in a front, side, or rear yard required of the zoning district within which it may be located.

Accessory Structures. No accessory structure other than a carport, garden structure, storage building, sun or wind shelter shall be erected within a manufactured home space for the use of the occupants of an individual manufactured home.

Separation Requirements. The minimum distance between manufactured homes shall be ten (10) feet. The minimum distance between an accessory structure on one site and a manufactured home on an adjacent site shall be ten (10) feet.

Landscaping and Screening. All areas not used for access, parking, circulation, recreation, or services shall be completely landscaped and permanently maintained. At a minimum, no less than five (5) feet of side and rear yard adjoining a property line of a manufactured home park shall. The city council may require additional landscaping and fences or walls where necessary to ensure privacy, protect adjoining property, insulate against wind, noise or glare, or screen unsightliness.

17.76.060
A.

Recreational vehicles.

No motorhome, recreational vehicle, camper van, or other vehicle shall be used for human habitation or occupied for living or sleeping quarters except when installed within a licensed recreational vehicle park or mobile home park. Recreational vehicles or motor homes maintained

17.76.070
upon any lot, piece, or parcel of land, other than a recreational vehicle park or manufactured home park, shall comply with the following conditions:

Outside Maintenance. Such vehicles shall not be parked or maintained in any required setback.

Use as a Residence. Such vehicles shall not be used for sleeping quarters, nor shall any sanitary or cooking facilities contained therein be used.

Connected to Utilities. Such vehicles shall not be connected to utilities, including but not limited to water, wastewater, electricity, or gas.

Temporary exceptions to the above restrictions may be granted when the use of such vehicle is necessary to the construction of permanent structure(s) within the city limits. Prior to such temporary use, an administrative permit for such use shall be obtained from the city pursuant to Section 17.72.010 (Administrative permits). Said permit shail permit use for a period not to exceed one hundred twenty (120) days. Any extension or renewal of said permit shall be at the discretion of the city council. The subject permits shall state the specific location of the vehicle and shall not be transferable.

17.76.080 Recreational vehicle parks.

Purpose. This section establishes standards for the development and operation of recreational vehicle (RV) parks to ensure RV parks conform to applicable state laws and regulations, are compatible with surrounding land uses, and provide a suitable environment for travelers and other occupants.

Compliance with State Law. All RV parks shall conform to Title 25, Chapter 5 of the California Administrative Code, Division 13 of the and all other state laws and regulations that apply to RV parks. In the event of conflict between this section and any controlling state law or regulation, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more restrictive provision shall apply.

Occupancy Requirements.

Maximum Length of Occupancy. No more than thirty (30) days in one (1) continuous stay, and no more than ninety (90) days in any consecutive three hundred sixty-five (365)-day period.

Permitted Vehicles. Occupancy of an RV space is limited to one (1) RV and one (1) additional motor vehicle. Permanent buildings are prohibited within RV spaces.

Tag of Certification. An RV which stays for more than thirty (30) continuous days in a RV park shall have a tag of certification documenting compliance with state and federal RV manufacturing requirements. A tag of certification may be issued by:

The California Department of Housing and Community Development under Section 4032, Title 25, Division 1, Chapter 3 of the California Code of Regulations ("state insignia") or other state or Canadian province; or The Recreational Vehicle Industry Association (RVIA) or a third-party certification company recognized by the city as being substantially equivalent.

Registration Required.

RV parks shall maintain a register listing the name, home address, vehicle identification number, and length of each of each park occupant. Erasures or alterations on the register is prohibited and unlawful.

1. 2.

3. a.
b.

4. a.
b. Each register page shall include a statement that the register is open to city inspection at all times. Registers shall be kept in a conspicuous place and shall be made available for city inspection upon request.

5. City Verification. The city has the authority to allow a designated city staff member to visit an RV park, record vehicle identification numbers, vehicle license numbers and vehicle model types in spaces.

D. Development Standards.

1. Park Size and Dimensions,
a. Minimum RV park area; Five (5) acres total and two thousand (2,000) square feet per RV space,
b. Minimum street frontage: One hundred (100) feet.

2. RV Space Size and Dimensions,
a. Minimum RV space area; One thousand (1,000) square feet, b. Minimum RV space depth: Forty (40) feet,
c. Minimum RV space frontage on an internal RV park road: Twenty (20) feet.

3. RV Park Roadways,
a. Minimum internal roadway width: Twenty-eight (28) feet, b. Minimum entry roadway width: Thirty-two (32) feet or sixteen (16) feet for one way traffic originating and terminating in a two-way roadway, c. Roadways shall be paved to a thickness and material to meet city standards.

4. Setbacks.

Structures and vehicles shall be setback the minimum distance from exterior park boundaries as required by the applicable zoning district.

Structures and vehicles shall be setback a minimum often (10) feet from vehicles in separate spaces, buildings, and roadways.

The main entrance of a park shall have an additional ten (10) feet of landscaped setback above the minimum front setback of the applicable zoning district.

Permanent Buildings.

RV parks may contain one (1) or more permanent buildings solely to serve residents of the park.

Permanent buildings shall comply with the development standards of the applicable zoning district and the setback requirements in subsection (D)(4) of this section.

Permanent buildings may not occupy more than fifteen (15) percent of an RV park.

Permanent buildings may be used only for the following purposes:

RV park administration and office.

Recreational amenities and meeting areas.
a.
b.
c.

5. a.
b.
c.
d.

II.
iii. Sales of packaged food, sundries and other convenience items customarily sold by convenience stores,
iv. Storage of park equipment, excluding commercial storage for nonresidents of the RV park.

V. Other subordinate uses as described in the conditional use permit for the RV park which are necessary and customary in order to operate a park.

Amenities. RV parks shall provide amenities in proportion to the area of each park as follows:

6. Restrooms: One (1) restroom building for the first fifty (50) spaces, plus one (1) additional building for each additional one hundred (100) spaces. Restrooms shall include toilets and shower facilities.

Solid waste stations; One (1) soiid waste station per two hundred (200) spaces in addition to a sewer connection for each space.

Recreation centers: One (1) recreation center per two hundred (200) spaces.

Recreation centers may contain swimming pools, picnic shelters, horseshoe pits, athletic fields, volleyball courts, shuffleboard courts, tennis courts, and similar facilities.

Landscaping.

All required front setbacks and RV park entrances shall be landscaped consistent with city standards and requirements.

The minimum landscaped area for each RV space is ten (10) percent of the space area or two hundred (200) feet, whichever is greater. At least one (1) tree shall be planted, if not already present, and maintained within each RV space.

No more than seventy (70) percent of a space shall be nonpermeable (paved) area.

The minimum landscaped area for the RV park is twenty (20) percent of total area, including individual RV space landscaping. Required amenities listed in subsection (6)(c) of this section, including recreational buildings and pools, may be counted within the park landscaping requirement.

Sewer. Each RV space shall be connected to a sewer lateral meeting city standards which is connected to the RV park master sewer system. The RV park master sewer system shall be connected to the city sewer system. Septic tank connections are prohibited.

Water. Each vehicle space shall be connected to a water lateral meeting city standards which is connected to the RV park master water system, providing potable, safe and sanitary water. The RV park master water system shall be connected to the city water system.

10. Accessory buildings and awnings. An RV space may contain temporary accessory building as follows:

Accessory Buildings. One factory-enamel-coated metal shed per RV space, not to exceed fifty (50) square feet in area, which is portable and not permanently affixed to the ground. Permitted use of such shed may include storage of the personal effects of the occupant or shelter for a pet.
a.
b.
c.

7. a.
b.
c.

8. 9.
a.

All accessory buildings and awnings within RV spaces shall be the property of the occupants of the space and shall not remain on the space after the occupants have vacated the space; nor shall the park owner own or maintain such accessory buildings or awnings on spaces.

11. Signs. RV parks may have identification, directory, and directional signs pursuant to Chapter 17.64 (Signs).
b.

Open space requirements for multifamily developments.

On each multifamily development of five (5) units or more within any zoning district, except the Town Center (T-C) district, whether such development is on a single recorded lot or on two (2) or more adjacent recorded lots, such development shall be provided with usable and accessible open space for the recreation and outdoor living enjoyment of the development’s residents and their guests. Such open space shall not be less than twenty-five (25) percent of the size of residential living space and shall satisfy the following criteria:

Open space may be provided in more than one location.

To qualify as required open space, such area shall have no area less than twenty (20) square feet and at least fifty (50) percent open to the sky or trees above and free of any overhead structural or architectural projections.

Open space shall be landscaped and/or otherwise improved to serve the outdoor needs of occupants. Improvements may consist of plantings, gardens, walkways, patios, pools, shade elements, recreation equipment and facilities, and such other appurtenances as are appropriate to serve the outdoor living needs of the residents.

Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, and non-landscaped areas shall not be included in calculating required open space.

17.76.090
A.

Single-room occupancy.

The following development standards shall apply to single-room occupancy residential units:

Tenancy of single-room occupancy residential units shall not be less than thirty (30) days.

Each unit shall accommodate a maximum of two (2) persons.

No unit may exceed four hundred (400) square feet.

Single-room occupancy residential unit facilities shall provide individual or shared bathing facilities and may provide individual or shared kitchen facilities.

Common laundry facilities shall be provided at a rate of one (1) washer and dryer per ten (10) units, with a minimum of one (1) washer and dryer.

An on-site management office or manager's unit shall be provided.

Each unit shall have a separate closet.

On-site parking shall be provided in accordance with Chapter 17.60 (Off-Street Parking).

17.76.100
A.

Emergency shelters.

The following development standards shall apply to emergency shelters:

A maximum of fifteen (15) beds is permitted.

17.76.110
A.

B. Emergency shelters shall provide on-site parking pursuant to Chapter 17.60 (Off-Street Parking).

C. The maximum term of staying at an emergency shelter is six (6) months in a consecutive twelve (12)-month period.

D. Onsite management and security shall be provided during the hours the emergency shelter is in operation.

E. Outdoor lighting shall be provided in accordance with Section 17.76.130 (Outdoor lighting).

17.76.120 Fences, walls, hedges, and equivalent screening.

An administrative fence permit shall be obtained from the city prior to the installation of any fence or wall.

No fence or wall shall hereafter be constructed to exceed six (6) feet in height within the area encompassed by the rear yard setback or the side yard setback to the front yard setback line, nor shall any fence, wall, hedge, or equivalent screening exceed four (4) feet in height within the area encompassed by the front yard setback.

When there is no requirement for a front yard setback, the maximum height of any fence, wall, hedge, or equivalent screening within a front yard or along the front lot line shall be limited to six (6) feet.

No fence, wall, hedge, or equivalent screening shall be located within three (3) feet of a fire hydrant such that it hinders access to the hydrant as determined by the fire chief.

The applicant shall submit a site plan for any proposed fence or wall to the city for review and approval. The site plan shall include all property dimensions, outlines of existing structures, location of all driveways and streets, and any other access onto the property, and shall clearly delineate the proposed fences and/or walls. An elevation of the proposed fence or wall with height measurements shall also be included.

All fences and walls shall be constructed of durable and weather-resistant materials as approved by the city. The use of cardboard or other corrugated material, tarps, barbed wire, rope, electrified fence, glass, razor wire, or similar materials in conjunction with a fence or wall, or by itself within any zoning district, is prohibited.

Fences and walls used for noise control shall be made of materials most suited for noise reduction, and which minimize reflective sound.

Decorative columns, post caps, or similar features not more than one (1) foot in height may be added on top of fences or walls. Such features shall be consistent with the design and materials of the fence or wall and shall not be less than eight (8) feet apart generally.

A single arbor-style entry element, substantially open to the passage of light and air, may be allowed provided the entry element is located over a walkway or pathway and does not exceed eight (8) feet in height, five (5) feet in width, and three (3) feet in depth.

Fences, walls, hedges, equivalent screening, and combinations thereof shall be measured in height from the uphill perspective if located on a grade or slope.

Where the topography of sloping sites, a difference in grade between adjoining sites, purposes of animal control, or other similar consideration warrants an increase in height to maintain a level of privacy or effectiveness of screening as typically provided by such fence, wail, hedge, or equivalent screening under similar circumstances, up to two (2) feet may be A.

K.
added to the height limits in subsection (A) of this section and administratively approved subject to the following:

No fence, wall, hedge, or equivalent screening that exceeds four (4) feet in height shall be located within five (5) feet of the front property line; Lattice, decorative wrought iron, or other material that is at least fifty (50) percent open to the passage of light and air when viewed horizontally, excluding framing, may be added to the top of a fence or wall provided the lattice, decorative wrought iron, or other material is determined by the city clerk, or their designee, to be compatible with the design and materials of the fence or wall;
The proposed height increase shall not create a hazard to vehicular or pedestrian traffic:

Review of the proposed height increase shall include consultation with fire, law enforcement, and public works, and notification to all owners of property that border the proposed fence or wall; and
Permits for fences and walls that exceed the height limits in subsection (A) of this section shall not be issued until ten (10) days have elapsed from the approval thereof and, in the event an appeal is filed, shall not be issued until a decision has been made by the appropriate decision-making body.

Notwithstanding the foregoing, the street intersection of a corner lot shall have no fence, hedge, wall, or equivalent screening exceeding three (3) feet in height within a triangle of twenty-five (25) feet along the side of each street, or ten (10) feet along the side of each alley, as measured from the intersection unless the owner of such property obtains a use permit for a greater height by a showing that no hazard exists to vehicular or pedestrian traffic. Such permit may be granted by the city council provided all provisions of this code are otherwise satisfied and the city council determines no safety hazard is created by the greater height.

Ordinary maintenance and repairs may be made to any nonconforming fence or wall provided the fence or wall is not enlarged, expanded, or relocated and no more than fifty (50) percent of the nonconforming fence or wall is replaced within a one (l)-year period.

When more than fifty (50) percent of the nonconforming fence or wall is to be replaced within a one (1 )-year period, the entire fence or wall shall be brought into compliance.

Fences, walls, hedges, and equivalent screening that do not meet the above standards shall only be authorized upon the applicant first obtaining a conditional use permit.

Applicants aggrieved by a decision made under this section may appeal the decision to the city council pursuant to Section 17.120.020 (Appeals of Administrative Action).

1. 2.

3. 4.

5. L.

Outdoor lighting.

Purpose. It is the purpose of this section is to accomplish the following:

Promote a safe, glare-free, and pleasant nighttime environment for residents and visitors:

Protect and improve safe travel for all modes of transportation; Prevent nuisances caused by unnecessary light intensity, glare, and light trespass; Protect the ability to view the night sky by restricting unnecessary upward projection of light;

17.76.130
A.

1. 2.

3. 4.

Better ensure land use compatibility; and
Promote lighting practices and systems that conserve energy.

Applicability.

New Outdoor Lighting. All outdoor lighting fixtures installed after the effective date of this section, when located on a property used for a public, quasi-public, multifamily, commercial, industrial, or institutional use, shall conform to the requirements established by this section.

Existing Outdoor Lighting. All existing outdoor lighting fixtures installed prior to the effective date of this section, when not in conformance with this section and located on a property used for a public, quasi-public, multifamily, commercial, industrial, or institutional use, shall be brought into conformance within one (1) year of the effective date of this section.

Exemptions.

The following are exempt from the provisions of this section:

Seasonal displays using multiple low wattage bulbs of approximately fifteen (15) lumens or less, provided that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe condition.

All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

Streetlights, vehicular lights, and all temporary emergency lighting needed by law enforcement, the fire department, and other emergency services.

All lighting required by state or federal regulatory agencies.

The city clerk or their designee may authorize additional property specific exemptions when proposed outdoor lighting does not conflict with the purposes of this section. An application for such an exemption must be made in writing and include an outdoor lighting plan pursuant to subsection (E) of this section.

General requirements. The following general standards apply to all non-exempt outdoor lighting fixtures:

All outdoor lighting fixtures shall be designed, located, and installed aimed downward or toward structures located on the same premises, retrofitted if necessary, and maintained in order to prevent glare, light trespass, and light pollution.

Fixtures and lighting systems shall be in good working order and maintained in a manner that serves the original design intent of the system.

Outdoor lighting shall be designed to avoid harsh contrasts in light levels between the property on which it is located and adjacent properties.

Fixture Types. All new outdoor lighting shall use full cut-off luminaries with the light source downcast and fully shielded with no light emitted above the horizontal plane, with the following exceptions:

Fixtures that have a maximum output of four hundred (400) lumens or less, regardless of the number of bulbs, may be left unshielded provided the fixture has an opaque top to prevent the light from shining upward.

5. 6.

1. 2.

1. a.
b.
c.
d.

2. D.

1. 2.

3. 4.
a.
b. Motion activated flood lights that have an output of three thousand (3,000) lumens or less, provided that the lamps are not illuminated more than five (5) minutes per activation, the lamp is not visible from adjacent residences or public streets, no direct glare is produced, and the fixture Is oriented downward to prevent light from shining upward,
c. Floodlights that do not meet the definition of "full cut-off" may be used if permanently directed downward, if no light is projected above the horizontal plane, and if fitted with external shielding to prevent glare and off-site light trespass. Unshielded floodlights and "barnyard"-type fixtures are prohibited.

5. Accent Lighting. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. For national flags, statues, public art, or other objects of interest that cannot be illuminated with down lighting, upward lighting may only be used in the form of one narrow-cone spotlight that confines the illumination to the object of interest.

6. The provisions of this section are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed herein, provided that the city clerk or their designee has approved any such alternative. A proposed alternative may be approved if it provides at least approximate equivalence to the applicable specific requirements of this section, or if it is otherwise satisfactory and complies with the intent of this section.

E. Outdoor lighting plans.

1. An outdoor lighting plan shall be submitted in conjunction with an application for a building permit for new multifamily, commercial, or industrial structures five thousand (5,000) square feet and larger. The building official or their designee may request outdoor lighting plans from applicants for other types of projects due to project location, size, or proposed use, as necessary. An outdoor lighting plan shall include at least the following:

Manufacturer specification sheets, cut-sheets, or other manufacturer provided information for all proposed outdoor lighting fixtures to show fixture diagrams and light output levels;
The proposed location, mounting height, and aiming point of all outdoor lighting fixtures, preferably on a site plan; and.

If building elevations are proposed for illumination, drawings for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance level of the elevations, and the aiming point for any remote light fixture.

If needed to review the proposed outdoor lighting fixture installation, the building official or their designee may require additional information following the initial outdoor lighting plan submittal, including but not limited to a written narrative to demonstrate the objectives of the lighting, photometric data. Color Rendering Index (CRI) of all lamps and other descriptive information on the fixtures, computer generated photometric grid showing foot-candle readings every ten (10) feet within the property or site and ten (10) feet beyond the property lines (an iso-foot-candle contour line style plan may be acceptable), and/or landscaping information to describe potential screening. a.
b.
c.

2. 3. The building official, or their designee, may approve, deny, or require modifications to any outdoor lighting plan in order to meet the purpose of this section.

17.76.140 Temporary structures.

A conditional use permit for any such temporary structure shall be required in accordance with procedures set forth in Chapter 17.72 (Use Permits and Variances). Any non-complying aspects of the temporary structure shall only be approved by the city council if it makes the findings required by Section 17.72.060 (Action by the city council on a use permit).

B. In cases where the city council is able to make the findings required by Section 17.72.060, the city council may, but is not obliged to, issue a temporary approval for a specific time period, not to exceed twelve (12) months.

C. All temporary structures, which may not otherwise be subject to building code requirements, shall still meet all of the accessory building setback requirements of this title.

17.76.150 Temporary uses.

Purpose. The purpose of this section is to allow for those short-term and intermittent activities that the city council determines would be compatible with adjacent and surrounding uses.

Temporary Use Permit Required. Upon approval of a temporary use permit, the city council may allow a short-term and/or intermittent use in any zoning district.

Activities. Only those short-term and intermittent activities with no potential to significantly impact the environment or to detrimentally affect those working and living in the vicinity may be approved by the city council.

Applications. Applications for temporary use permits shall be made and processed in accordance with the procedures for conditional use permits set forth in Chapter 17.72 (Use Permits and Variances).

In cases where the city council is able to make the findings required by Section 17.72.060 (Action by the city council on a use permit), the city council may, but is not obliged to, issue a temporary approval for a specific time period, not to exceed twelve (12) months.

Commercial outdoor dining and seating.

No person or business shall place or caused to be placed any outdoor dining or seating for commercial purposes or use without first obtaining an outdoor dining and seating permit.

Applications for outdoor dining and seating permits shall be accompanied by an outdoor seating plan and the applicable fee established by resolution of the city council.

The city clerk or their designee, in acting upon any application for an annual outdoor dining and seating permit, shall either approve, approve with conditions, or deny the issuance of a permit based on the following principles and standards:

That the proposed outdoor dining and seating are in compliance with all applicable provisions of this section;
That the proposed outdoor dining and seating are so arranged as to ensure the protection of public health, safety, and general welfare, and prevent interference with users of the right-of-way and holders of other permits; and

17.76.160
A.

1. 2.

3. That the proposed outdoor dining and seating and associated business will properly comply with the provisions and development standards prescribed in this title, or as prescribed by the city council.

D. All outdoor dining and seating shall conform to the following standards:

1. A minimum of four (4) feet of ciear space on the sidewalk is required for the safe passage of pedestrians.

2. All umbrellas used in outdoor dining and seating areas shall be a minimum height of seven (7) feet.

3. The outdoor dining and seating area shall be operated and maintained in accordance with the approved outdoorseating plan.

4. When located within twenty (20) feet a fire hydrant or standpipe fixture, the placement of outdoor dining and seating furniture, apparatus, decoration, or appurtenance used in connection therewith shall be reviewed and approved by the fire chief.

5. Heating and cooling devices may be provided, such as gas heaters and misters.

Descriptions of the proposed devises and their locations must be included in the outdoor dining and seating permit application.

6. Any use of portable heating devices shall require the prior written approval of the fire department.

7. There shall be no smoking by patrons or employees within the sidewalk dining area.

8. No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the outdoor dining and seating shall be:
a. Located in or project or protrude into the required pedestrian passageway:
b. Be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure; or
c. Be attached to the sidewalk or sidewalk surface, nor shall any of those items cause damage to the sidewalk in any manner.

9. Any table service provided shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may provide outdoor dining and seating for their patrons.

10. As a condition of the issuance of the outdoor seating permit, the permit holder shall defend, indemnify and hold harmless the city and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the city clerk.

17.76.170 Community gardens.

Purpose and Applicability. This section establishes standards for community gardens to provide the following benefits:

Strengthen the health and social fabric of the community by encouraging and supporting community gardens.

Encourage sustainable food production and distribution.

Increase community access to fresh local produce.

1. 2.

3. B. Performance Standards.

The growing, production, or sale of agricultural products may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dust, or electrical disturbance perceptible by a person beyond the lot line of the subject lot.

The cultivation of cannabis is prohibited in community gardens.

Sales and Donations.

When located within a mixed-use or commercial zoning district, the sale of agricultural products grown and produced on-site is permitted.

The donation of agricultural products grown and produced on-site is permitted in all zoning districts where community gardens are allowed.

If selling or donating products to the public, the use shall comply with all applicable food safety laws, including the California Health and Safety Code.

Garbage and Compost.

Garbage and compost receptacles must be screened from the street and adjacent properties by utilizing landscaping, fencing, or storage structures and all garbage shall be removed from the site weekly.

Compost piles and containers must be set back at least ten (10) feet from residential buildings when a community garden abuts a residential use or mixed-use development.

Farm Equipment. Use of mechanized farm equipment is not permitted in the R-1-10, R-1- 12, R-2, R-3, and T-C zoning districts, and when the community garden is located within one hundred (100) feet of a residential use in any zoning district, with the following exceptions:

1. 2.

3. D.

1. 2.

Heavy equipment may be used initially to prepare the land for agricultural use.

Landscaping equipment designed for household use is permitted.

Equipment when not in use must be enclosed or otherwise screened from sight.

Exceptions. Exceptions to the foregoing provisions may be granted by the city council with a use permit provided the use would not increase vehicular traffic, parking congestion, noise, nuisance odors, or negatively impact the public health, safety, peace, comfort, or general welfare.

1. 2.

3. F.

17.76.180 Garage sales.

Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted, at the same address, more than one (1) garage sale within thirty (30) calendar days and more than two (2) garage sales during any calendar year. No single garage sale shall continue for more than two (2) consecutive days.

Property Permitted to be Sold. It is unlawful for any person or persons to sell or offer to sell at any garage sale any property other than personal property accumulated for personal use by the occupant or occupants residing at the address at which said sale is to be held; provided, however, nothing herein shall prohibit neighbors in the same residential area from conducting a combined garage sale at one specified address.

Advertising. It is unlawful to place a sign or other form of advertisement of a proposed garage sale upon any public property within the city. It is unlawful to exhibit a sign or other form of advertisement for more than two (2) days prior to the day said sale is to commence, or to allow such sign to remain after 6:00 p.m. on the termination date of such sale. Two signs only, not exceeding twenty (20) by thirty (30) inches in size, may be placed in the front or side yard of the premises where the sale is conducted.

Hours of Operation. It is unlawful to conduct a garage sale before 8:00 a.m. or after 6:00 p.m.

Notification Prior to Sale. Prior to conducting any garage sale, any person proposing to conduct a garage sale shall notify the city, which such notification shall include all of the following:

Name and address of person proposing to conduct garage sale.

Location of proposed sale.

Date(s) during which the proposed sale is to be conducted.

Violation - Penalty. Any person violating any of the provisions of this section is guilty of an infraction with a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($100.00) for the second offense within one (1) year, and two hundred and fifty dollars ($250.00) for the third offense within one (1) year. Nothing herein shall be construed to prevent the city from seeking injunctive or other relief which may be necessary to enforce the provisions of this code.

1. 2.

3. F.

17.76.190 Height limits.

A. Buildings and structures up to ten (10) feet taller than the established height limit may be permitted in all zoning districts, upon first securing a use permit for the increased height limit. In any zoning district where a conditional use permit is secured for an increased height limit, all setbacks shall be increased by one (1) foot for each foot or portion of a foot in excess of the established height limit.

B. The exceptions to established height limits in subsection (A) of this section shall not apply to the height limits for fences, walls, hedges, and equivalent screening pursuant to Section

17.76.120 (Fences, walls, hedges, and equivalent screening).

C. Public utility distribution and transmission lines, and towers and poles for such lines, are allowed in all districts to greater heights than established for the district in which the structures are located.

Setback exceptions.

A. Where four (4) or more lots in a block have been improved with buildings, the minimum required front yard for the main building shall be the average of the front yards of the improved lots if less than the front yard requirements herein.

B. Architectural features such as cornices, eaves, and canopies shall not extend more than two (2) feet into the front, side, and rear yard setbacks.

C. Open uncovered porches or landing places shall not extend more than four (4) feet into any side yard setback, and not more than six (6) feet into any front yard setback.

D. On any parcel of land existing at the time of adoption of the ordinance codified herein and having an average width of less than fifty-five (55) feet, and the owner thereof owns no

17.76.200
adjoining land, then the width of each side yard may be reduced to ten (10) percent of the width of such parcel, but in no case to less than three (3) feet.

In case an accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this title applicable to the main building except as provided for in this title.

Notwithstanding subsections (G) and (H) of this section, an accessory building or structure in a residential or mixed-use zoning district shall not project into the front yard setback, and unless attached shall be located at least ten (10) feet from any residential dwellings existing or under construction on the same lot or any adjacent lot. In the case of a corner lot where there is a key lot abutting said corner lot, an accessory building shall not project beyond the front yard required on the key lot.

Fences, walls, hedges, and equivalent screening may occupy setbacks to the extent provided in Section 17.76.120 (Fences, walls, hedges, and equivalent screening).

Vegetation, however, may be subject to the California Solar Shade Control Act.

Arbors may occupy setbacks subject to the extent provided in Section 17.76.120 (Fences, walls, hedges, and equivalent screening). Arbors shall not be connected to or supported by a building, nor shall they be designed to support loads other than vines or similar plantings.

Signs. Signs in conformance with the sign regulations codified in Chapter 17.64 (Signs) may occupy setbacks to the extent provided in that chapter.

Dish-type or satellite antennas.

No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type or satellite antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three (3) feet in diameter, unless a use permit is obtained in accordance with the provisions of this title. Any such use permit for the placement of dish-type or satellite antenna shall be conditioned upon the following:

In any residential or mixed-use zoning district, such antennas shall be treated as an accessory structure and shall comply with height, setback, and lot coverage requirements for the zoning district in which it is located.

Dish-type or satellite antenna placed within a residential or mixed-use zoning district shall be screened from view of streets and abutting properties by use of fences, hedges, or appropriate plant materials.

Within the G-C and M zoning districts, a site plan shall be submitted showing the location for placement of such antenna, in addition to such other information as is required for a use permit. As to each such antenna site, there shall be available nine hundred (900) square feet of property which is not otherwise required for parking or otherwise occupied by structures and improvements upon the property.

The restrictions as set forth in subsections (A) and (B) of this section shall not be applicable to a licensee pursuant to Government Code Section 53066 or commercial broadcast station, except to the extent that any such condition may be imposed by the city council as a condition for issuance of such use permit.

17.76.210
A.

17.76.220 Cargo containers.

Use in Residential and Mixed-Use Districts. The permanent use of prefabricated exterior storage containers, such as cargo containers or truck trailers, is prohibited in the R-R, R-1- A.

10. R-1-12, R-2, R-3, M-H, and T-C zoning districts. Temporary use of storage containers in these zoning districts may be approved subject to the following:

A use permit is required for temporary use of storage containers pursuant to Section

17.76.140 (Temporary structures).

Temporary use of cargo containers may be approved for up to six (6) months. A one time extension of up to twelve (12) months may be granted in the case of unforeseeable property damage or natural disaster.

Use in General Commercial District. The use of storage containers in the G-C district may be approved as an accessory use to the primary permitted use subject to obtaining a conditional use permit. The city council shall determine appropriate siting, time limits, and other conditions as may be necessary to minimize potential impacts to adjacent properties.

Use in Manufacturing District. The use of storage containers in the M district is permitted as an accessory use to the primary permitted use.

General Requirements. The use of storage containers in any zoning district within the city limits must adhere to the following conditions;
Storage containers may only be used for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.

Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used a habitable space, office, or meeting area, and shall be kept dosed and secured at all times other than when items are being moved to or from the storage container.

Storage containers must be oriented to minimize the view from the public right-of-way.

In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.

Storage containers shall be painted in a color matching or similar to the field color of the primary structure and/or properly screened with screening walls and/or landscaping. Graffiti shall be removed within twenty-four (24) hours from any storage container or screening.

The placement of any signs, advertising copy, banners, or similar item is prohibited on storage containers.

No more than two (2) storage containers with a combined floor area of six hundred and forty (640) square feet shall be allowed on parcels one (1) acre or less.

Storage containers shall not exceed a height often (10) feet.

Storage container location: Setbacks shall be the same as those for the underlying zone.

Additional permitted temporary uses of storage containers include the following:

Construction sites.

This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers provided such container or trailer is only on the property temporarily and is not utilized for outside storage purposes.

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1. 2.

17.76.230 Trash and recycling enclosures.

When Required. All new and expanded commercial and industrial development with a floor area exceeding seven hundred fifty (750) square feet, all intensifications of commercial and industrial uses that increase the square footage by thirty (30) percent or more, all new mixed-use projects, and all new multifamily residential projects with five (5) or more units, and any residential project where solid waste is collected and loaded in a location serving five (5) or more units shall provide and maintain at least one (1) trash and recycling enclosure. Trash and recycling enclosures may be located indoors or outdoors to meet the requirements of this section.

B. Location.

1. General.
a. Outdoor trash and recycling enclosures required under this section shall not be located within any required setback,
b. Enclosures shall be located so that no dwelling is closer than twenty (20) feet, including those on abutting properties, or more than one hundred (100) feet from a residential unit if located on property occupied by a residential use. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room,
c. No outdoor trash and recycling enclosure shall be located within any public right-of-way, or in any location where it would obstruct pedestrian walkways, vehicular access, reduce motor vehicle sightline, or in any way create a hazard to health and safety.

2. Exception. Enclosures that have been approved in conjunction with a discretionary permit or approval may be located within a required side yard or rear yard setback, provided no part of the enclosure is less than three (3) feet from any property line.

C. Maintenance. Outdoor trash and recycling enclosures required shall be maintained in the following manner:

1. There shall be the prompt removal of visible signs of overflow of garbage, recycling, smells emanating from the enclosure, graffiti, pests, and vermin.

2. Trash enclosure covers shall be closed when not in use.

3. Trash enclosures shall be easily accessible for garbage and recyclables collection.

4. Trash enclosures shall be regularly emptied of garbage and recycling.

D. Design of Enclosure Area.

1. Each trash and recycling enclosure shall be of a material and colors that complement the architecture of the buildings they serve or shall have exterior landscape planting that screens the walls.

2. The trash and recyclables enclosure shall provide convenient and secure access to the containers to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons access for disposal and collection of materials.

3. An opening shall be provided so that pedestrians can access the enclosure without opening large gates.

4. Lighting shall be provided at enclosures for residential and mixed-use developments for nighttime security and use.

All outdoor trash and recycling enclosures shall be a minimum of five (5) feet tall to screen unsightly views. The design of the structure and the materials used shall be compatible with the on-site architecture.

Designs, materials, or methods of installation not specifically prescribed by this section may be approved by city. In approving such a request, the reviewing authority shall find that the proposed design, materials, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.

5. 6.

Screening.

All exterior mechanical and electrical equipment associated with new multifamily residential, mixed-use, commercial, and industrial development shall be screened or incorporated into the design of buildings so as not to be visible from the street. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow prevention devices, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building.

17.76.240
Cannabis and cannabis products.

Unless expressly permitted by the Etna Municipal Code, or the California Health and Safety Code Section 11362.1(a), all cultivation, manufacture, distribution, possession, storing, laboratory testing, labeling, transportation, delivery or sale of cannabis or cannabis products is prohibited within the city.

17.76.250
Low barrier navigation centers.

Purpose. The purpose of this section is to establish development standards for low barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

Applicability. The provisions of this chapter shall apply to all low barrier navigation center projects.

Definitions. The following words, phrases, and terms as used in this section shall have the following meanings:
“Low barrier navigation center’’ means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth, b. Pets,
c. The storage of possessions.

17.76.260
A.

1. 2.
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.
“Use by right” means that the city's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
“Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

Permit Required. An administrative use permit shall be required prior to the establishment of any low barrier navigation center project. The permit shall be a ministerial action without discretionary review or a hearing. The city shall notify a developer whether the developer’s application is complete within thirty (30) days, pursuant to California Government Code Section 65943. Action shall be taken within sixty (60) days of a complete application being filed.

Development and Operational Standards. A low barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, provided it meets all of the following requirements:

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

3. 4.

1. 2.

3. 4.

Employee housing.

Small employee housing. In accordance with Health and Safety Code Section 17021.5, small employee housing is deemed a single-family residential use and does not constitute a change of occupancy for purposes of this title. No conditional use permit, zoning variance, or other zoning clearance shall be required of small employee housing that is not required of a family dwelling of the same type in the same zone.

Large employee housing. In accordance with Health and Safety Code Section 17021.6, large employee housing is deemed an agricultural use. No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of large employee housing that is not required of any other agricultural activity in the same zone.

Streamlined ministerial approval. In accordance with subdivision (a) of Health and Safety Code Section 17021.8, a development proponent may submit an application to develop employee housing subject to a streamlined, ministerial approval process provided in

17.76.270
A.

C.
subdivision (b) when the development is located on land designated as agricultural in the general plan.

CHAPTER 17.80

LIVE/WORK UNITS AND HOME-BASED BUSINESSES
Sections

17.80.010

17.80.020

17.80.030

17.80.040

17.80.050
Purpose and applicability.

Definitions.

Live/work units.

Home occupations.

Cottage food operations.

17.80.010 Purpose and applicability.

The purpose of this chapter is to:

For home-based businesses, prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

For live/work units, prescribe the conditions under which limited residential activities may be conducted when incidental to nonresidential activities.

Promote jobs/housing balance and reduce vehicle miles traveled through allowances for live/work units and home-based businesses.

The regulations shall apply to all home-based businesses and live/work units operating in the city.

1. 2.

3. B.

17.80.020 Definitions.

For this chapter, the following words are defined:
“Cottage food operation” means an enterprise that is operated by a cottage food operator and has not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers. “Home occupation” means an accessory activity of a nonresidential nature, which is performed within a living unit, accessory structure located on the premises, or within a garage attached thereto and reserved therefor, by an occupant of the living unit, and which is customarily incidental to the residential use of the living unit. This use shall be considered residential for the purposes of determining development standards. “Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes the following: complete kitchen space and sanitary facilities in compliance with the building code, and working space reserved for and regularly used by one or more occupants of the unit. This use shall be considered commercial for the purposes of determining development standards.

17.80.030 Live/work units.

A. Purpose. The purpose of this section is to:

Provide standards for iive/work units, including the reuse of existing commercial buildings to accommodate live/work units.

Promote a mix of housing options by allowing business operators to live in the same building that contains the commercial activity, particularly artists, small business owners, and craftspeople.

Allow combined residential uses with commercial or small-scale manufacturing uses in the same building space, generally with the resident using the combined or adjacent workspace for their business. Typical uses include artist lofts, studio spaces, small offices, and similar low-intensity uses, either in new developments or as adaptive reuse of existing structures.

Use Limitations. The nonresidential component of a live/work unit shall be a use allowed within the applicable zoning district, subject to the following additional limitations:

Conditional Uses. A conditional use permit is required for iive/work units with three (3) or more nonresident employees.

Changes in Use. After approval, a live/work unit shall not be converted to a single use without first bringing the unit up to current building code standards.

Prohibited Uses. Any activity or use, as determined by the review authority to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of live/work unit residents including dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, waste, or by-products is prohibited.

Development Standards.

Floor Area Requirement. The floor area shall be a minimum of six hundred and fifty (650) square feet and a maximum of three thousand (3,000) square feet. The nonresidential portion of the live/work unit shall be no more than fifty (50) percent of the total unit area and comply with all California Building Code, Fire Code, and Municipal Code requirements.

Separation and Access to Units. Each live/work unit shall be separated from other units and other uses in the same building and shall have an access separate from other live/work quarters or other uses within the structure. Access to the live/work unit shall be provided only from exterior access points, the nonresidential workspace, and from common access areas, corridors, or hallways.

Active Frontage. To maintain activity and commercial access along the frontage, the living space shall be located at the rear of the building or situated on the second floor and above. Exceptions may be granted subject to obtaining a conditional use permit in accordance with Chapter 17.72 (Use Permits and Variances).

Nonresidential Facilities. A live/work unit shall be designed to accommodate nonresidential uses, such as ventilation, interior storage, flooring, and other physical improvements commonly found in nonresidential facilities used for the same work activity.

Mixed-Use Buildings. If a building contains mixed uses of live/work units and other nonresidential uses, uses other than Iive/work shall meet all applicable requirements for those uses.

Parking. Each live/work unit shall be provided off-street parking in accordance with Chapter 17.60 (Off-Street Parking).

1. 2.

3. B.

1. 2.

3. C.

1. 2.

3. 4.

5. 6.

D. Operating Requirements.

Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one (1) member shall be the business operator.

Business License Required. All businesses operating within a live/work unit shall obtain a license to operate in compliance with city regulations.

Notice to Occupants. The owner or manager of any building containing live/work units shall provide written notice to all occupants that the property may be subject to higher noise levels than would be expected in a strictly residential area.

Nonresident Employees. Up to two (2) persons who do not reside in the live/work unit may work in the unit. The employment of three (3) or more persons who do not reside in the live/work unit may be permitted subject to obtaining a conditional use permit in accordance with Chapter 17.72 (Use Permits and Variances). The owner may be required to provide proof of tax forms verifying the number of employees as deemed necessary by the city.

Client and Customer Visits. Client and customer visits to live/work units are permitted.

1. 2.

3. 4.

5. 17.80.040 Home occupations.

Subject to issuance of a business license and a home occupation permit, home occupations are permitted in all zoning districts that permit residential uses subject to the following standards:

Residential compatibility, The activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling.

Size. The activity occupies no more than twenty-five (25) percent of the floor area of the dwelling unit or four hundred (400) square feet, whichever is less.

On-Site Client Contact. Except for minors accompanied by a parent or guardian, no more than one (1) client/customer is permitted at the residence at the same time.

Customer or client visits are limited to four (4) per day or six (6) per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).

Sales. With the exception of direct sales for cottage food operations in accordance with Section 17.80.050 (Cottage food operations), and as allowed by state law, no product shall be displayed for sale or sold upon the premises. Products created on the premises may be sold off-site.

Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within a fully enclosed structure.

Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.

Animals. No animal-related services, including grooming or personal care, requiring animals to be present on the residential property shall be allowed on the premises.

Employees. No person shall be employed by the home occupation at the premises other than the resident(s) of the dwelling.

1. 2.

3. 4.

5. 6.

7. 8.

Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

Signs. Signs or displays used to identify the home occupation are prohibited.

Vehicie Traffic. Home occupations may not generate more than twenty (20) vehicle trips per day. A round trip to and from the residence is one (1) vehicle trip and multiple trips by the same vehicle shall count towards the maximum amount. Vehicle trips include trips by clients, customers, vendors, delivery services, or any other vehicle associated with the home occupation.

Residential Appearance. The appearance of the dwelling shall not be altered, nor shall the home occupation be conducted in such a manner that it may be reasonably recognized as serving a nonresidential use, either by color, materials, construction, lighting, signs, sounds, odors, or vibrations. Such use shall be of a nature and conducted in such a manner that there is no evidence of the use from the street or neighboring property.

Applications for a home occupation permit may be approved by the city clerk provided the use is in compliance with subsection (A) of this section. In the event an application is denied by the city clerk, the applicant may file the application with the city council and the application shall be heard and determined as provided in Section 17.120.020 (Appeals of administrative action).

Exceptions to the foregoing provisions may be granted subject to obtaining a conditional use permit in accordance with Chapter 17.72 (Use Permits and Variances).

9. 10.

11. 12.

Cottage food operations.

Cottage food operations are permitted in dwelling units pursuant to Health and Safety Code Section 113758 subject to the following rules and standards:

The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from their dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.

No more than one (1) cottage food employee, as defined by Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

The cottage food operation shall be registered or permitted by the County Health Officer in accordance with Health and Safety Code Section 114365. Cottage food operations shall comply with ail requirements of state law.

The use shall be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five (25) percent of the dwelling, or fifty (50) percent of an accessory building, may be used for the cottage food operations.

There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.

Except for home gardening use and vehicle parking, no outdoor portions of the premises shall be utilized for cottage food operation including outdoor sales and visitation.

17.80.050
A.

G. No greater than one (1) visitor’s vehicle and one (1) nonresident employee's vehicle shall be parked on site at any time.

H. Direct sales of products from the site of the cottage food operation shall be conducted by prior appointment only and shall not exceed more than ten (10) visitors in any single day.

No customers of the cottage food operation shall be permitted to dine at the premises.

I. Direct sales and cottage food operation related deliveries shall not occur between the hours of 8:00 p.m. and 7:00 a.m.

J. Gross annual sales shall comply with Health and Safety Code Section 113758.

CHAPTER 17.84

SHORT-TERM RENTALS
Sections:

17.84.010

17.84.020

17.84.030

17.84.040

17.84.050

17.84.060

17.84.070

17.84.080
Purpose.

Definitions.

Prohibitions.

Registration certificate requirements.

Inspections.

Operational standards.

Penalties - Certificate denial, suspension, and revocation.

Changes in ownership.

17.84.010
Growth in the popularity of short-term rentals has generated a need to establish short-term rental regulations that protect the public health, safety, comfort, and general welfare of the city’s residents and visitors. In addition to the requirements, regulations, and standards for short-term rentals imposed by this chapter, all other applicable requirements, regulations, and standards imposed elsewhere in the Etna Municipal Code and pursuant to state and federal law apply.

Purpose.

Definitions.

The following words, phrases, and terms as used in this chapter shall have the following meanings;
“Bedroom" means a room that contains a minimum of seventy (70) square feet and a closet, the construction of which was authorized by a building permit, if a building permit was required at the time of construction, and which currently meets all requirements of the California Residential Code and contains a window or opening that can be used for emergency egress. "Guest" or "Guests" means the individual or individuals occupying the short-term rental for the purpose of staying overnight.
“Hosted short-term rental” means a short-term rental where the property owner lives on the same property as the short-term rental while the short-term rental is occupied by the guest(s). "Local contact person" means an individual who is personally available by telephone on a twentyfour (24)-hour basis and who maintains the ability to be onsite within forty-five (45) minutes and who has access and authority to assume management of the short-term rental. An agent or professional property management company that meets the availability requirements can serve as the local contact person.
“Non-hosted short-term rental" means a short-term rental where the property owner does not live on the same property as the short-term rental while the short-term rental is occupied by the guest(s).
“Operator” means any and all of the following: the person who is a legal owner of a short-term rental: a person who has the legal right to possession of a short-term rental: a person who has a legal right to receive or collect any monies as rent for the occupancy of a short-term rental: and any manager, agent, representative or other similar person acting under the authority or at the direction of the owner or other operator of a short-term rental. “Property owner" means the owner or owners of record of the subject real property as shown on the latest equalized assessment role of Siskiyou County or as otherwise actually known to the city clerk or the city clerk’s designee, including but not limited to individuals, groups, corporations, and other legal entities with at least five (5) percent ownership in the subject real property.

17.84.020
"Short-term rental" means any residential place, space, or structure, or portion of any residential place, space, or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging, or similar use in conformance with the city’s zoning regulations, and shall include, but not be limited to the following: single-family dwellings, cabins, cottages, apartments, studios, condominiums, townhouses, duplexes, triplexes, fourplexes, a bedroom or bedrooms within an existing residential unit, second dwelling units and guesthouses constructed prior to January 1, 2017, and other forms of residential shelter constructed with a building permit and rented for the purpose of continuous overnight lodging for a period of not less than one (1) night and not more than thirty (30) days. "Transient occupancy registration certificate" means a certificate of registration issued by the city that certifies the person named on the face thereof has registered with the city for the purpose of collecting from transients any required transient occupancy tax and remitting said tax to the city.

This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a short-term rental without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department, or office of this city. This certificate does not constitute a permit.

17.84.030 Prohibitions.

Registration certificate required. It is unlawful for any person to advertise, maintain, operate, or use a short-term rental within the city without a transient occupancy registration certificate, or in violation of the terms and conditions of the certificate or of this chapter (including without limitation the occupancy restrictions set forth in the certificate).

Accessory dwelling units. It is unlawful for any person to advertise, maintain, operate, or use as a short-term rental an accessory dwelling unit or junior accessory dwelling unit as those terms are used in California Government Code Sections 65852.2 and 65852.22, or as amended. No transient occupancy registration certificate shall be issued for any accessory dwelling unit or junior accessory dwelling unit. Each rental occurring without a transient occupancy registration certificate and each rental of an accessory dwelling unit or junior accessory dwelling unit shall be a separate violation.

Prohibited short-term rentals. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for short-term rentals. Short-term rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.

Incidental camping. A transient occupancy registration certificate does not authorize incidental camping, which means any overnight camping, sleeping in tents or on decks attached to the short-term rental unit, or sleeping in travel trailers or recreational vehicles parked on the short-term rental property.

Outdoor fires. No outdoor fires (e.g., firepits, campfires, etc.) are permitted at short-term rentals. Propane burning fireplaces and firepits are acceptable provided the device is in the rear yard at least ten (10) feet from all structures, neighboring property, flammable material, and vegetation. Outdoor fires do not include annual yard maintenance by the property owner or operator in compliance with local and state regulations.

Grills and barbeques. Grills and barbeques are not permitted beneath a potentially flammable source including trees, umbrellas, decks, or other appurtenant structures. All grills and barbecues shall be no less than ten (10) feet away from a structure and any A.

F.
flammable materials, such as a woodpile. Grills and barbeques other than electric powered pellet grills and propane grills are prohibited at short-term rentals.

Subletting. Guests are prohibited from subletting a short-term rental. Only operators with a valid transient occupancy registration certificate may advertise and rent a residential unit as a short-term rental.

Special events. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited from occurring at a short-term rental property.

Registration certificate requirements.

Annual registration required. Transient occupancy registration certificates shall be renewed annually, and separate certificates are required for each short-term rental. The certificate requirements for short-term rentals are set forth below. The issuance of any certificate pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining to the use and occupancy of the short-term rental or the property in which it is located. Short-term rentals are allowed in all zone districts that allow residential use with approval of a transient occupancy registration certificate.

Registration certificate limits. A maximum of two (2) transient occupancy registration certificates shall be issued to any property owner for short-term rentals located in the R-R, R-1-10, R-1-12, R-2, R-3, and M-H districts. Only one (1) of the two (2) registration certificates shall be issued for a non-hosted short-term rental.

Application process. An application for a transient occupancy registration certificate shall be submitted by the property owner to the city clerk or the clerk’s designee. Each transient occupancy registration certificate application shall be accompanied by a nonrefundable transient occupancy registration certificate fee. The fee schedule shall be established by resolution of the city council following a public hearing and may be adjusted by resolution of the city council following a public hearing. Permits and fees required by this chapter are in addition to any license, permit, certificate, or fee required by any other chapter of this code. Each application shall at a minimum include the following; Property owner name and contact information.

Operator name and contact information.

The name of the local contact person, if different from the operator, and a telephone number at which the local contact person may be immediately reached.

Address and assessor's parcel number for property at which the short-term rental is located.

Rental unit type (i.e., single-family dwelling, duplex, apartment, etc.). If more than one (1) residential unit is located on the property, the application must identify if the rental unit is the property's primary or secondary dwelling.

Maximum occupancy. The maximum occupancy of a short-term rental shall be two (2) guests per bedroom, plus two (2) additional people excluding children under five (5) years of age. Occupancy limits shall apply between the hours of 10:00 pm and 7:00

17.84.040
A.

1. 2.

3. 4.

5. 6.
am.

Total number of off-street parking spaces available on-site.

Number of trash receptacles satisfying the requirements of subsection (D) of Section

17.84.060 (Operational standards).

7. 8.

Number and location of fire extinguishers, smoke detectors, and carbon monoxide alarms, and certification of compliance with Fire Code and fire safety requirements, including those pertaining to fire extinguishers, smoke detectors, and carbon monoxide alarms.

Date of the most recent inspection of the short-term rental conducted by city staff and the City of Etna Fire Department pursuant to this chapter.

Acknowledgment that the operator has read and understood this chapter, and the city's parking, garbage collection, guest safety, and operational standards.

If the information supplied by the operator on the application for a transient occupancy registration certificate is not consistent with city records, an additional inspection may be required prior to or after the issuance of the transient occupancy registration certificate. An inspection fee shall be charged for the inspection.

Term and scope of certificate. A transient occupancy registration certificate issued under this chapter shall expire at the end of the calendar year for which it is issued, unless revoked or suspended earlier. The certificate authorizes the operator to operate the short-term rental only in accordance with the terms and conditions of the certificate. Subject to the provisions of Section 17.84.060 (Operational standards), a certificate will be renewed if prior to expiration, the following is provided: updated application information (if changes have occurred), new certifications and acknowledgments required in subsections (B)(9) and (B)(11) of this section, and payment of the registration fee. Renewal applications may be submitted commencing on October of each year. Renewals for which applications received after November 30’^ in a given year might not be received by applicants prior to January 1®’, and the advertisement or operation of a short- term rental for which a renewed certificate has not been received shall constitute a violation of this chapter.

Acceptance of registration certificate. Acceptance by an operator of a transient occupancy registration certificate shall constitute acknowledgment and acceptance of, and consent to, the requirements and provisions of this chapter.

9. 10.

11. 12.

Inspections.

All short-term rentals and the parcels on which they are located shall be inspected by the city and the City of Etna Fire Department prior to commencement of the use. The inspection(s) shall verify compliance with all standards and conditions of operation including safety requirements. After the initial inspection(s), said rental unit and short-term rental property shall be reinspected by the City of Etna Fire Department annually and by the city not less than once every three (3) years for as long as the unit is used as a short-term rental. The operator shall submit a completed inspection form or forms to the city showing that the unit has passed inspection and is approved for short-term rental. Completion of the inspections will be verified at the time of transient occupancy registration certificate renewal. The actual cost of such inspections, plus any administrative charges, shall be paid by the operator pursuant to the city's adopted fee schedule.

17.84.050
Operational standards.

All short-term rentals shall comply with the following standards and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.

Operator responsibilities and recordkeeping. The operator shall inform guests that they must not violate the standards of this chapter. The operator shall be responsible for taking any action necessary to ensure that guests abide by the terms of this chapter and other applicable provisions of this code. The operator shall collect and maintain for each guest

17.84.060
A.
registration the name and contact information of the registered guest, the number of guests, and the amount of rent paid (including all ancillary charges such as cleaning charges). All such records shall be maintained for a period of three (3) years and shall be furnished to the city within five (5) days upon request.

B. Local contact person. A local contact person shall be personally available by telephone on a twenty-four (24)-hour basis and shall be physically present at the short-term rental within forty (45) minutes of contact by city employees or agents or the guest(s). Upon receiving a call or complaint about physical conditions or circumstances that constitute an immediate threat to the public health and safety, the local contact person shall immediately contact the appropriate law enforcement, fire, or other authority.

C. Parking. When located in a zoning district where off-street parking is required, one off-street parking space shall be provided for short-term rentals with two (2) or fewer bedrooms and two (2) off-street parking spaces shall be provided for short-term rentals with three (3) or more bedrooms. When located on property with more than one (1) dwelling unit, the offstreet parking requirement for the short-term rental is in addition to all other off-street parking requirements. No vehicle, including without limitation boat trailers and recreational vehicles, may be parked at a short-term rental outside of improved parking areas or in a location or manner that does not comply with city standards.

D. Trash and recycling. The accumulation of trash, debris, and recyclable materials outside of a short-term rental at any time is prohibited. A minimum of one (1) trash can and one (1) can for recycling shall be provided for each short-term rental. If one (1) trash can and one (1) can for recycling are insufficient to accommodate all trash and recycling generated by occupants of the short-term rental, the operator shall arrange for whatever increased level of service is required to accommodate all trash and recycling generated onsite. All trash and recycling generated by occupants of the short-tern rental shall be removed from the property each week. If stored outdoors, garbage and recycling shall be stored immediately adjacent to the unit and kept within a rodent-resistant container that that is large enough to accommodate all garbage and recycling generated onsite within a one (l)-week period.

E. Interior posting requirements. The following information shall be posted within the interior of the rental unit in a visible location: the name of the operator and a telephone number at which that party can be reached on a twenty-four (24)-hour basis; the maximum number of guests permitted to stay overnight in the unit; the maximum number of vehicles that are allowed to be parked on the property; notification that trash and recyclable materials must be placed into cans provided for that purpose; notification that vehicles must be parked on improved parking areas on the property; the telephone number(s) of the police and fire departments; building exits, exit routes, and fire extinguisher locations; emergency evacuation information; use of outdoor fires and barbecues, when applicable; a notice regarding potential penalties associated with violation of this chapter; and for short-term rentals with wood-burning fireplaces or woodstoves, instructions on the safe operation of such appliances and the safe disposal of ashes.

F. Smoke alarms. Smoke alarms, in good working order, shall be installed at a minimum in each bedroom, and at least one (1) alarm on every level of the short-term rental, including basements and habitable attics.

G. Carbon monoxide alarms. Carbon monoxide alarms, in good working order, shall be installed at a minimum outside each bedroom, on every level of the rental unit, including basements and habitable attics, and bedrooms or attached bathrooms with a fuel-burning appliance, and shall be installed in accordance with the manufacturer's installation instructions.

H. Fire extinguisher and ash can. Each short-term rental shall be equipped with one (1) five (5)-pound fire extinguisher, type 3-A:40-B:C, installed at a readily available location near the kitchen. If the short-term rental has two (2) or more than levels, an extinguisher must be mounted within each level. Fire extinguishers shall be inspected annually by a certified professional to ensure the extinguishers are in good working order. Each short-term rental with a wood-burning fireplace or woodstove shall be equipped with a metal container at least five (5) gallons in size with a tight-fitting lid, which shall be clearly labeled for ash disposal.

Visible address. Each short-term rental shall have an address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the short-term rental unit will not be clearly visible from the street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background and conform to the minimum size requirements of the California Fire Code.

A short-term rental in a condominium or apartment building that does not have an individual address may utilize the condominium or apartment building address and need not comply with these requirements.

Emergency communications. If located in an area with inadequate cellular service, each short-term rental unit shall contain a working landline phone or Voice Over Internet Protocol phone.

Advertisements. Each advertisement for a short-term rental shall list the maximum number of occupants permitted by the transient occupancy registration certificate, the maximum number of parking spaces onsite, and the number of the transient occupancy registration certificate.

Penalties - Certificate denial, suspension, and revocation.

It is a public nuisance to violate any of the provisions of this chapter. Violations of this chapter are subject to the general penalty provisions set forth in Chapter 1.16 (General Penalty), provided that fines for violations of this chapter shall be as set forth below. Any violation of the provisions of this chapter in an infraction and any person, including without limitation guests, operators, and local contact persons, may be subject to administrative and/or judicial remedies as set forth herein and elsewhere in this code. In addition, the city shall have the authority to suspend or revoke the transient occupancy registration certificate, or to maintain an action for injunctive relief.

Unless otherwise expressly provided, the remedies, procedures, and penalties provided by this section are cumulative as to each other and to any others available under state law or this code.

In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

Enforcement. An administrative penalty of up to five hundred dollars ($500) per day may be imposed for each violation of this chapter contained in a first administrative citation, and up to one thousand dollars ($1,000) per day for each violation contained in a second or subsequent administrative citation. A prior citation for purposes of this chapter shall be an earlier administrative citation for violation of this chapter on the same property that occurred less than one year prior to the current citation.

Denial, suspension, or revocation of a transient occupancy registration certificate. The city may deny, suspend, or revoke a transient occupancy registration certificate for any of the following reasons:

The transient occupancy registration certificate application is incomplete;

17.84.070
A.

1. 2. The transient occupancy registration certificate contains a false or misleading statement or omission of a material fact;

3. The short-term rental, operator, or guest is currently in violation of, has been found to be in violation of, or is under investigation for violation of, any local, state or federal laws, statutes, ordinances, rules or regulations pertaining to the operation of a short term rental;

4. The transient occupancy registration certificate of a short-term rental for which three (3) citations have been issued for violations of this chapter within a twelve (12)-month period and not overturned on appeal, including without limitation citations issued to guests and citations issued to operators, shall be revoked, and a new certificate shall not be issued for a period of twelve (12) months from the date of the certificate revocation.

5. The operator is delinquent on any payment to the city of any fees, penalties, taxes, or any other monies related to the short-term rental including, but not limited to, transient occupancy taxes;

6. A transient occupancy registration certificate application may be denied due to prior revocation or suspension of a transient occupancy registration certificate;

7. The operation of a short-term rental is a threat to the public health, safety, or welfare;

8. The lack of a fire inspection within the preceding year, a faiied fire inspection unless documentation is provided that the conditions causing the failure were corrected and the short-term rental passed a subsequent fire inspection, or a refusal to allow a fire inspection or other inspection of the short-term rental;

9. Absence/expiration of a transient occupancy registration certificate; or

10. Any required application fee or renewal fee has not been paid.

C. Appeal. Any operator or guest may appeal an administrative penalty imposed pursuant to this chapter in accordance with Section 17.120.020 (Appeals of administrative action).

D. Costs of enforcement. All money and assets collected in payment of penalties for violations of this chapter and all money and assets collected for recovery of costs of enforcement of this chapter shall be used to offset the cost of enforcement of this chapter.

Changes in ownership.

Transient occupancy registration certificates issued for short-term vacation rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of property ownership. The new owner of a property for which a transient occupancy registration certificate has been issued shall notify the city upon a change of ownership of the short-term rental. Transient occupancy registration certificates for short-term rentals shall not run with the land and shall expire upon any partial or complete transfer of ownership of a short-term rental, regardless of whether notice of the change in ownership has been provided to the city.

17.84.080
CHAPTER 17.88

BED AND BREAKFAST INNS
Sections;

17.88.010

17.88.020

17.88.030

17.88.040

17.88.050

17.88.060

17.88.070
Purpose.

General regulations.

Permit application.

Owner or manager residence required.

Off-street parking.

Number of units/conditions.

Inspection.

Purpose.

It is the purpose of this chapter to establish regulations for bed and breakfast inns and facilities to assure compatibility with surrounding residential neighborhoods, and to establish procedures for the processing of bed and breakfast inn applications.

17.88.010

17.88.020 General regulations.

A. In addition to any and all required permits and conditions pursuant thereto, and irrespective of whether a use permit is required in the particular instance, all bed and breakfast inns and facilities shall be subject to all other applicable provisions of the Etna Municipal Code.

B. The establishment of bed and breakfast inns and facilities in any particular location shall be harmonious with the character of the neighborhood and zoning district in which they are to be located.

C. No meals may be served to persons who are not also renters except for those persons who are non-paying personal guests of the occupying owner or manager of the inn.

Permit application.

All applications for use permits for bed and breakfast inns and facilities, when required, shall be accompanied by the following:

A floor layout and site plan, which accurately depict the following:

All existing and proposed structures.

Off-street parking and driveway access.

Proximity to adjacent properties and improvements.

Photographs or drawings of existing elevations and drawings of any proposed changes thereto.

Sign details and proposed locations.

Any other information required by the city council during processing of the application.

17.88.030
A.

1. 2.

3. B.

Owner or manager residence required.

Bed and breakfast inns and facilities shall be permitted only where the occupying owner or manager maintains their primary place of residence on the site, and the bed and breakfast inn and facility shall be operated as an accessory use to the owner or manager’s residence.

17.88.040
Off-street parking.

Off-street parking shall be provided in accordance with Chapter 17.60 (Off-Street Parking).

17.88.050
Number of units/conditions.

Bed and breakfast inns and facilities shall be limited to the number of rental rooms or units as follows:

17.88.060
Only bed and breakfast inns and facilities which are comprised of five (5) or fewer rental units may be allowed when the regulations set forth in this chapter are met.

No premises shall be utilized for a bed and breakfast inn and facility unless there are at least two (2) exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants with an additional thirty (30) square feet for each additional occupant up to a maximum of four (4) occupants per room.

Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm, as required by the California Building Code and/or California Fire Code; in case of any differences between the requirements, the stricter shall control.

Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.

17.88.070 Inspection.

Upon reasonable notice, any bed and breakfast inn may be inspected during normal business hours by the building inspector, fire chief, code enforcement officer, or health inspector to assure compliance with the provisions of this ordinance or any other applicable rules, regulations, statutes, or codes.

CHAPTER 17.92

MOBILE FOOD SALES
Sections:

17.92.010

17.92.020

17.92.030

17.92.040

17.92.050

17.92.060
Purpose
Applicability.

Definitions.

Mobile food vendor operating requirements.

Mobile food court requirements.

Exemptions

17.92.010 Purpose.

It is the purpose of this chapter to preserve the peace, safety, and welfare of the city and its residents by providing clear and concise standards for mobile food sales.

Applicability.

This chapter applies to mobile food sales within the city. No registration, permit, or licenses for mobile food sales shall be issued absent compliance with this chapter.

17.92.020

17.92.030 Definitions.
“Mobile food sales” means selling or offering to sell any type of food, beverage, or edible of any type, from a motorized vehicle, trailer, or pushcart. “Mobile food vendor” means a retail food service in which food is served to walk-up customers from a motorized vehicle, trailer, or pushcart. “Mobile food court” means a development on a privately owned parcel with two (2) or more mobile food vendors, an individual pad, service, and utility hook-ups for each mobile food vendor, and on-site amenities, such as restrooms, dining area, etc., for customers, and which are intended for regular food service from mobile food vendors. Mobile food courts may have mobile food vendors that operate on a temporary basis (up to four (4) hours per day) or a long-term basis (more than four (4) hours per day). Operations associated with a private catered event or a city-permitted special event are not considered a mobile food court.
“Mobile food commissary” means a development on a privately owned parcel that is utilized by one (1) or more mobile food vendors to: prepare or prepackage food for sale or service at other locations; store food, containers, or supplies; clean utensils; dispose of liquid and solid wastes; obtain potable water; and/or store motorized vehicles, trailers, pushcarts, and other equipment when not in use.
“Specialty food sales” means a retailer of pre-packaged or whole food products that does not involve on-site preparation. Specialty food sellers operate in a single location for no more than fifteen (15) minutes per occasion before changing locations (e.g., ice cream trucks).

Mobile food vendor operating requirements.

The following standards apply to mobile food vendors that operate in the city, whether located within public rights-of-way. on public property outside of rights-of-way. and on private property with the permission of the property owner:

Registration Required. An annual registration permit is required for mobile food vendors operating in the city. Permit applications shall be processed administratively provided that staff may. at their discretion, refer any application to the city council for consideration. As part of the annual registration process, mobile food vendors shall obtain a business license from the city and shall be responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for mobile food service from the county.

Vehicle Compliance. Motorized vehicles and trailers used in conjunction with mobile food sales shall be in compliance with state motor vehicle laws.

Hours of Operation.

Residential zoning districts: Except as provided for herein, mobile food sales are limited to specialty food sales in the R-R, R-1-10, R-1-12, R-2, R-3, and M-H zoning districts between the hours of 8:00 a.m. and 6:00 p.m.

Town Center zoning district: All mobile food vendors operating in the T-C district shall cease operation between the hours of 8:00 p.m. and 7:00 a.m.

General Commercial and Manufacturing zoning districts: All mobile food vendors operating in the G-C and M districts shall cease operation between the hours of 9:00 p.m. and 7:00 a.m.

Open Space and Public Facilities zoning districts: All mobile food vendors operating in the 0-S and P-F districts shall cease operation between the hours of 8:00 p.m. and 7:00 a.m.

Time Limits. A mobile food vendor shall not vend within the public right-of-way at any location for more than three (3) hours without moving to a new location that is at least five hundred (500) feet from the previous location.

Intersections. Mobile food vendors shall not stop, stand, or park in any location that obstructs visibility of an intersection or of traffic entering or exiting an intersection.

No Parking and Loading Zones. Mobile food vendors shall not stop, stand, or park in or adjacent to any no parking or loading zone.

Parking Facilities. Operations within public and private parking facilities shall not conflict with traffic circulation, shall not interfere with pedestrian paths of travel or the minimum required on-site parking spaces for the principal use(s) on the property, and shall impact no more than (2) parking spaces.

Proximity to Fixed Restaurants. Mobile food vendors shall not operate within two hundred fifty (250) feet from the main customer entrance of any restaurant unless said restaurant and mobile food vendor are operated by the same business.

Proximity to Public Schools. Mobile food vendors shall not operate within a public parking lot, city park, or public right-of-way within five hundred (500) feet of a public school within thirty (30) minutes of the beginning and end of the school day.

ADA Access. Mobile food vendors shall not interfere with parking spaces established pursuant to the Americans with Disabilities Act (ADA) and shall maintain a clear path of

17.92.040
A.

1. 2.

3. 4.

J.
travel on sidewalks and other pedestrian pathways that is free of customer queuing, signage, and/or all portions of the vehicle, trailer, or pushcart for the clear movement of pedestrians.

K. Trash Receptacles. Mobile food vendors shall maintain trash receptacles immediately adjacent to the vending location for use by their customers and shall pick up all trash within twenty-five (25) feet of their vending location. Trash shall not be placed in city trash receptacles.

L. Self-Contained Operations. When located on public property, outside tables, seating, and shade canopies are not permitted.

M. Music and Audio. No amplified or non-amplified music or audio is permitted.

N. Alcoholic Beverages. The sale and/or service of alcohol is not permitted.

O. Private Property. When permitted by the zoning district, mobile food vendors may operate on private property subject to the following:

1. Unless located in an approved mobile food court, only one (1) mobile food vendor is allowed per site; mobile food sales are restricted to properties that include a business that it open during the hours of mobile food sales; and outside overnight storage of furniture is prohibited.

2. Properties used for mobile food sales must have all public improvements in place, including but not limited to curb, gutter, sidewalk, and vehicular access.

3. Mobile food vendors may only operate on paved surfaces. Operating on unimproved surfaces, landscaped areas, or within required setback areas is prohibited.

4. Tables, umbrellas, and chairs are permitted on paved and/or improved surfaces outside of required setbacks provided they do not obstruct visibility of traffic entering or exiting the property or adjacent intersections.

5. Prior to operating on private property, mobile food vendors shall obtain written permission from the property owner(s), which shall be made available to city staff upon request.

P. Exceptions.

1. By conditional use permit, the city council may grant exceptions to these provisions.

2. Mobile food sales on public streets or property at city sanctioned events shall not require a conditional use permit provided such sales are conducted at locations and in a manner and time as may be directed by the city.

3. Unless so conditioned, mobile food vendors operating in an approved mobile food court are not subject to the restrictions on hours of operation or the prohibition on the sale of alcohol and outside storage of furniture pursuant to this section.

Mobile food court requirements.

Mobile food courts are subject to all permit requirements and site development standards established by this code. Mobile food courts shall be further subject to the following standards:

An individual pad and individual service and utility hook-ups shall be provided for each mobile food vendor.

A restroom shall be provided on site for employees and customers.

17.92.050
A.

Pedestrian-oriented amenities, including tables, seating, shaded areas, and landscaping, shall be provided.

Customer walkup areas may not extend into the public right-of-way.

With the exception of providing food service at community events, the maximum number of mobile food vendors per lot shall be as follows;
Maximum of two (2) mobile food vendors on lots less than one-half (0.5) acre.

Maximum of four (4) mobile food vendors on lots between one-half (0.5) acre and one (1) acre.

Maximum of six (6) mobile food vendors on lots greater than one (1) acre.

Exceptions. By conditional use permit, the city council may grant exceptions to these provisions.

1. 2.

3. F.

Exemptions.

The following are exempt from the requirements of this chapter as specified below, but still must satisfy all other applicable permit requirements (e.g., business license, encroachment permit, county food facility permit, etc.).

Mobile food sales conducted in connection with the operations of a certified farmers’ market.

Mobile food sales conducted at a city-sponsored special event, such as a street fair.

Mobile food sales at an event at a school facility, assembly use facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way).

Mobile food sales at a public park with approval of the city clerk.

Mobile food sales at a private event or party in a residential zone located either on the site of the event or in the public right-of-way with no retail sales to the general public.

17.92.060
A.

CHAPTER 17.96

ACCESSORY DWELLING UNITS
Sections:

17.96.010

17.96.020

17.96.030

17.96.040
Purpose.

Definitions.

Accessory dwelling unit criteria.

Junior accessory dwelling unit criteria.

Purpose.

This chapter provides for accessory dwelling units (ADU) and junior accessory dwelling units (JADU) consistent with Government Code Sections 66310-66342.

17.96.010
Definitions.
“Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

17.96.020
A.

An efficiency unit.

A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Junior accessory dwelling unit” means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

1. 2.

B.
“Livable space" means space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision C.
(a)(3)(A).

17.96.030 Accessory dwelling unit criteria.

A. Location.

Accessory dwelling units are permitted by right in all zoning districts that allow single family residential and multifamily residential as a principally permitted use.

In addition, an existing dwelling unit that complies with the development standards for accessory dwelling units in subsection (E) of this section may be considered an accessory dwelling unit, and a new principal unit may be constructed, which would then be considered the principal dwelling unit.

1. 2.

B. Limitation.

Single-Family Residential. No more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit shall be located on the same parcel improved with a single-family dwelling.

Multifamily Residential.

1. 2.
a. Provided that the number of detached accessory dwelling units does not exceed the number of dwelling units on the lot, up to eight (8) detached accessory dwelling units shall be allowed on a parcel improved with a multifamily dwelling, b. When the accessory dwelling unit is created within a portion of the existing multifamily dwelling structure that is not used as livable space, and if each space complies with applicable building and health and safety codes, the number of accessory dwelling units allowed on a parcel improved with a multifamily dwelling is limited to not more than twenty-five (25) percent of the number of multifamily dwelling units on the property, except that at least one (1) accessory dwelling unit shall be allowed.

C. Occupancy. Owner occupancy of a dwelling on the property is not required.

D. All requirements and regulations of the district in which the lot is situated shall apply, except as set forth in subsection (E) of this section.

E. Conditions. An accessory dwelling unit may be established by the conversion of an attic, basement, garage, or other portion of an existing residential unit or by new construction, by the conversion of an accessory structure, or by new construction provided the following criteria are met:

1. Floor Area. The floor area of the accessory dwelling unit shall not exceed:
a. Parcels sized ten thousand (10,000) square feet or greater: One thousand two hundred (1,200) square feet,
b. All other parcels: Eight hundred and fifty (850) square feet for a studio or onebedroom accessory dwelling unit, or one thousand (1,000) square feet for an accessory dwelling unit that provides for more than one (1) bedroom.

2. The increased floor area of an attached accessory dwelling unit shall not exceed eight hundred (800) square feet or fifty (50) percent of the existing living area, whichever is greater.

3. Height,
a. The height of a one-story detached accessory dwelling unit shall not exceed eighteen (18) feet,
b. The height of an attached one-story accessory dwelling unit shall not exceed twenty-six (26) feet,
c. The height of detached two-story accessory dwelling units shall not exceed twenty-six (26) feet,
d. When the lot is within one half mile of a major transit stop or high-quality transit corridor, an additional two (2) feet in height may be added to a detached accessory dwelling unit to accommodate a roof pitch that aligns with the primary dwelling.

4. Lot Coverage. Accessory dwelling units shall not be considered when calculating the maximum lot coverage allowed.

5. Setbacks.

Accessory dwelling units (both attached and detached) shall have side and rear setbacks of not less than four (4) feet.

Accessory dwelling units (both attached and detached) shall have front setbacks consistent with the zoning districts in which they are located, provided that a.
b.
compliance with the setback does not preclude development of an accessory dwelling unit at least eight hundred (800) square feet in area, even if the accessory dwelling unit would exist partially or wholly within the front setback.

No setback shall be required for an accessory dwelling unit created within an existing living area or accessory structure or an accessory dwelling unit created in a new structure in the same location and to the same dimensions as an existing structure.

The minimum distance between accessory dwelling units (both attached and detached) and other structures on the lot shall be as required by building or fire code.

Manufactured and Mobile Homes. Manufactured and mobile home accessory dwelling units that meet the requirements of state law shall be allowed provided they are constructed on a permanent foundation, are substantially compatible with the principal unit, and adhere to the development standards set forth in this chapter.

Utility Connections. At the discretion of the city engineer, utility connections (sewer, water, electricity, telephone) may or may not be connected to the principal dwelling unit. If utility connections are separate from the principal unit, power and telephone lines shall be underground from the point of source as approved by the respective utility purveyor to the accessory dwelling unit. However:

For the creation of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure, the city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

Selling Accessory Dwelling Units. The accessory dwelling unit shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.

Renting Accessory Dwelling Units. The rental of an accessory dwelling unit is allowed but not required. Accessory dwelling units shall not be utilized as short-term rentals (no transient occupancy) and must be rented for at least thirty (30) days.

10. Separate Entrance Required. The entry to an attached accessory dwelling unit shall be accessed separately and securely from the principal unit.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this chapter, a passageway is a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the accessory dwelling unit.

11. Applicable Codes. Accessory dwelling units must comply with applicable building, fire and other health and safety codes.

12. Parking.
c.
d.

6. 7.
a.

8. 9.
a.

Parking requirements for accessory dwelling units shall not exceed one (1) parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking a.
requirements shall be mandatory for those accessory dwelling units in any of the following instances:
i. The accessory dwelling unit is located within one-half (0.5) mile of public transit,
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district,
lii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in Government Code section 66322, subdivision (a)(1)-(5).

Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit and may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

Application Procedure. City clerk, or designee, approval shall be required for all accessory dwelling units. The property owner shall file a complete building permit application and pay all applicable fees. The completed application form shall include, but not be limited to, data on the floor space and height of the proposed unit and the existing residential unit(s) and an accurately drawn site plan showing the location and size of all existing and proposed structures, the proposed accessory dwelling unit, setbacks, utility connections, and any required vehicle parking.

Existing Nonpermitted Accessory Dwelling Units. Unless supported by the finding that “correcting the violation is necessary to protect the health and safety of the public or occupants of the structure,” the city clerk shall not deny a permit for an accessory dwelling unit constructed without benefit of required permits prior to January 1, 2018, because the accessory dwelling unit violates building standards or because the accessory dwelling unit does not comply with state accessory dwelling unit law or this title.

Accessory dwelling units shall not be counted as “development units” under the General Plan density requirements.

Accessory dwelling units converted from existing space shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for V.

VI.
b.
c.

I.
utilities, including sewer and water. Accessory dwelling units of seven hundred and fifty (750) square feet or less shall not be subject to impact fees. Accessory dwelling units larger than seven hundred and fifty (750) square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit.

The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence (unless otherwise required by the fire chief based on state law). However, other fire protection mechanisms, as determined by the fire chief, may be required for fire and life safety in those accessory dwelling units not meeting setbacks.

An accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to comply with current building code requirements and to comply with current development standards in effect at the time of the request to terminate the use of the accessory dwelling unit.

17.96.040 Junior accessory dwelling unit criteria.

Location. Junior accessory dwelling units may be allowed only on parcels zoned for single family residential use with an existing single-family dwelling unit on the parcel, or as part of a proposed single-family residential use when it is within the proposed space of a single family dwelling.

Limitation. In no case shall more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit be placed on the same lot or parcel as an existing or proposed single-family dwelling.

Occupancy. Owner-occupancy is required in the single-family dwelling unit in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the single-family dwelling unit or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

Existing Structure/Bedroom. A junior accessory dwelling unit shall be located within the walls of an existing or proposed single-family residence.

Entrance. A junior accessory dwelling unit shall include its own discrete entrance, separate from the main entrance to the structure. A permitted junior accessory dwelling unit without a separate bathroom shall include an interior entry to the main living area.

Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Parking. Junior accessory dwelling units have no parking requirement.

Deed Restriction. The junior accessory dwelling unit shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the city and shall include both of the following:

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers: and
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

Timing. A permit shall be issued within sixty (60) days of submission of an application for a junior accessory dwelling unit that meets the criteria in this section and is part of an existing single-family dwelling.

For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

A junior accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use, including reverting to a portion of the primary residence, except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city’s affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to comply with current building code requirements and to comply with current development standards in effect at the time of the request to terminate the use of the junior accessory dwelling unit.

1. 2.

CHAPTER 17.100

REASONABLE ACCOMMODATIONS
Sections

17.100.010

17.100.020

17.100.030

17.100.040

17.100.050

17.100.060

17.100.070

17.100.080

17.100.090
Purpose.

Findings.

Applicability.

Notice to the public of availability of accommodation process.

Requesting reasonable accommodation.

Reviewing authority.

Required findings.

Written decision on the request for reasonable accommodation.

Appeals.

Purpose,
It is the policy of the city, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities.

This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures of the city to comply fully with the intent and purpose of fair housing laws.

17.100.010

17.100.020 Findings.

The city council finds that the federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities.

A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning, and building regulations, policies, practices, and procedures will further the city's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

17.100.030 Applicability.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities: anyone who is regarded as having such impairment; or anyone with a record of such impairment.

C. A request for reasonable accommodation may be made by any individual(s) with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

17.100.040 Notice to the public of availability of accommodation process.

Notice of the availability of reasonable accommodation shall be prominently displayed at city hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public at city hall.

Requesting reasonable accommodation.

In order to make housing available to an individual with a disability, any eligible person as defined in Section 17.100.030 (Applicability) may request a reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures.

Requests for reasonable accommodation shall be in writing and provide the following information:

Name and address of the individual(s) requesting reasonable accommodation; Name and address of the property owner(s);
Address of the property for which accommodation is requested; Description of the requested accommodation and the regulation(s), policy, or procedure for which accommodation is sought; and
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

17.100.050
A.

1. 2.

3. 4.

5. C.

Reviewing authority.

Where no approval is sought other than the request for reasonable accommodation, requests shall be reviewed by the city clerk or their designee using the criteria set forth in Section 17.100.070 (Required findings).

The city clerk or their designee shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable

17.100.060
A.

1. accommodation in accordance with the required findings set forth in Section

17.100.070.

If necessary to reach a determination on the request for reasonable accommodation, the city clerk or their designee may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.

In the event that a request for additional information is made, the thirty (30)-day period to issue a decision is stayed until the applicant responds to the request.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

2. B.

17.100.070 Required findings.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws; B. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; C. Whether the requested accommodation would impose an undue financial or administrative burden on the city; and
D. Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

Written decision on the request for reasonable accommodation.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings on the criteria set forth in Section 17.100.070 (Required findings). All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the city council in compliance with Chapter 17.120 (Hearings and Appeals).

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30)-day time period allotted by Section 17.100.060 (Reviewing authority), the request shall be deemed granted.

While a request for reasonable accommodation is pending, all laws and regulations othenA^ise applicable to the property that is the subject of the request shall remain in full force and effect.

17.100.080
A.

17.100.090 Appeals
A. Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B. If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

C. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

CHAPTER 17.104

RESIDENTIAL DENSITY BONUSES
Sections:

17.104.010

17.104.020

17.104.030

17.104.040

17.104.050

17.104.060

17.104.070

17.104.080

17.104.090
Purpose.

Definitions.

Application requirements.

Application review process.

Density bonus agreement.

Density bonus calculations.

Development standards.

Density bonus for commercial development.

Interpretation.

Purpose.

In accordance with California Government Code Sections 65915, et seq., this chapter specifies how compliance with State Density Bonus Law will be implemented. Specifically, the purpose of this chapter is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this chapter, it is also the intent of the city to implement the goals and policies of the housing element of the general plan.

17.104.010

17.104.020 Definitions.

The definitions found in State Density Bonus Law shall apply to the terms contained in this chapter. “Incentives” include “concessions" as defined in State Density Bonus Law.

Application requirements.

An applicant for a "housing development" as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915{b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the city clerk, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

The application shall include the required fee and the following minimum information:

For a requested density bonus.

17.104.030
A.

1. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

A marketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units.

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included In Government Code Section 65915 (g) can be met.

Requested incentives. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):

The city's usual regulation and the requested regulatory incentive or concession. a.
b.
c.
d.
e.
f.
gh.

2. a.

Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

Requested waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel (if applicable), the city’s required development standard and the requested development standard.

Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall Include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, the statute under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

Density bonus or incentive for a childcare facility in a housing development. The application shall include reasonable documentation that ail of the requirements included in Government Code Section 65915(h) can be met.

Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
b.
c.

3. 4.

5. 6.

17.104.040 Application review process.

All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the city council, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute.

To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the city council shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented orformerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).

If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

1. 2.

If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents: except that, if a mixed-use development is requested, the application must instead meet ail of the requirements of Government Code Section 65915(k)(2).

If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

If the density bonus or incentive is based all or in part on the inclusion of a childcare facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

The city council shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5: or for affordable rents, as defined in Health and Safety Code Section 50053:

3. 4.

5. 6.

7. C.

1. or
The proposed incentive would be contrary to state or federal law: or The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

The city council shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

The proposed waiver would be contrary to state or federal law: or The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources: or
The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

2. 3.

1. 2.

3. E. If a childcare center complies with the requirements of Government Code Section 65915(h), the city council may deny a density bonus or incentive that is based on the provision of childcare facilities only if it makes a written finding, based on substantial evidence, that the city already has adequate childcare facilities.

A request for minor modification of an approved density bonus housing plan may be granted by the city clerk, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

17.104.050 Density bonus agreement.

A. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the city, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the city upon failure by the applicant to comply with State Density Bonus Law, this chapter, or the affordable housing agreement.

B. For rental projects, the applicant shall enter into an affordable housing agreement with the city, running with the land, in a form approved by the city attorney, to be executed by the city clerk, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five (55) years ora longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the city attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

C. For for-sale projects, the applicant shall enter into an affordable housing agreement with the city, running with the land, in a form approved by the city attorney, to be executed by the city clerk, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within one-hundred eighty (180) days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1 (a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the city attorney. The city shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.

D. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city clerk, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

Density bonus calculations.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy inclusionary housing requirements adopted by the city and which are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law. Payment of fees in lieu of providing affordable units does not qualify a housing development for a density bonus.

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus Law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

17.104.060
A.

Development standards.

Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants

17.104.070
A.

C.
of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

17.104.080 Density bonus for commercial development.

A. The following definitions shall apply to this section:
“Commercial development" means a development project for nonresidential and nonindustriai uses.
“Commercial development bonus” means modification of development standards mutually agreed upon by the city and a commercial developer and provided to a commercial development eligible for such a bonus under subdivision (C). Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.
“Partnered housing agreement" means an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at an affordable ownership cost or affordable rent consisted with subdivision (C). A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial developer and the housing development.

B. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the city, the city shall grant a commercial development bonus mutually agreed upon by the developer and the city. The commercial development bonus shall not include a reduction or waiver in fees imposed on the commercial development to provide for affordable housing.

C. The partnered housing agreement shall include all of the following provisions:

1. The housing development shall be located either: (a) on the site of the commercial development: or (b) on a site within the city that is within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155, and is in close proximity to public amenities, including schools and employment centers.

2. At least thirty percent (30%) of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to low-income households, or at least fifteen percent (15%) of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to very low-income households.

3. The commercial development must agree either to directly build the affordable housing units, donate a site consistent with the requirements of Government Code Section 65915(g) for the development of the affordable housing units, or make a cash payment to the housing developer for the development of the affordable housing units.

D. An approved partnered housing agreement shall be described in the Housing Element annual report as required by Government Code Section 65915.7(k).

1. 2.

3. Interpretation.

If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this ordinance include successor provisions.

17.104.090
CHAPTER 17.108

OBJECTIVE DESIGN STANDARDS
Sections:

17.108.010

17.108.020

17.108.030

17.108.040
Purpose.

Applicability.

Approval authority.

Objective design standards.

17.108.010 Purpose.

The objective design standards set forth in this chapter supplement the development standards in this title and serve as minimum requirements for multifamily residential development and mixeduse development that contains residential uses.

Applicability.

These standards are mandatory for any qualifying residential project that requests streamlined processing and ministerial approval pursuant to state law provisions that reference objective design standards. Qualifying residential projects are those that comply with Government Code Section 65913.4(a).

Section 65913.4(a)(2)(C) provides that Section 65913.4 applies to areas within a jurisdiction that are zoned for residential use or residential mixed-use development or have a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two-thirds of the square footage of the development is designated for residential use. As such, these objective design standards apply to developments meeting these requirements within the following zoning districts: R-R, R-1-10, R-1-12, R-2, R-3, M-H, and T-C. Section 65913.4(a)(1) defines a multifamily development as a development that contains two (2) or more residential units.

17.108.020
Approval authority.

The city clerk or designee shall use the objective design standards set forth in this chapter to approve developments that meet all of the criteria set forth in Government Code Section 65913.4.

17.108.030

17.108.040 Objective design standards.

A. Site Standards.

1. Street connectivity.

External Connectivity. Streets within any proposed subdivision or development site shall be aligned with existing and planned streets in adjacent neighborhoods so as to create a continuous street pattern. All streets, alleys, and pedestrian pathways in any subdivision or development site shall connect to other streets and to existing and planned streets outside the proposed subdivision or development.

Internal connectivity. New streets must form a continuous and linked vehicular and pedestrian network within the development.
a.
b.

Cul-de-sacs and dead-end streets. Any cul-de-sac or other dead-end street longer than three hundred (300) feet shall be connected to other streets by a pedestrian path.

No gates/barriers. Automobile and pedestrian access points into multifamily residential developments shall not be gated or closed off to the public.

Block length/mid-block pedestrian connections. Blocks shall not exceed six hundred (600) feet in length, measured from street centerline to street centerline, unless mid-block pedestrian connections are provided at intervals of no more than three hundred fifty (350) feet apart. Such pedestrian connections shall include a walkway at least ten (10) feet wide.

Parking required.

Pursuant to Government Code Section 65913.4(e), no parking shall be required for those developments located within one-half (0.5) mile of public transit or within a designated historic district.

Pursuant to Government Code Section 65913.4(e), the maximum required parking shall be one (1) space per dwelling unit. A carport or enclosed garage is optional.

Parking location, design, and access.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Barriers shall be provided where deemed necessary by the city to protect property.

Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the city engineer.

The parking area, aisles, and access drives shall be constructed with a minimum of six (6)-inch base and a double chip and seal to provide a durable, dustless surface, and shall be graded and drained to dispose of surface water, with the design and specifications for such work approved by the city engineer.

The use of cluster parking spaces into small parking areas, dispersed around the site, to avoid large paved expanses is required.

All parking lots shall Include appropriately striped spaces for standard and compact cars as well as accessible spaces.

No parking is allowed in setback areas along project boundaries.

A separation of pedestrian and automobile traffic paths is required to minimize conflict areas for safety.

Walkways to connect parking lots to building entrances shall be provided.

Landscaping, lighting, and paving shall be used to define walkways.

Parking lot lighting.

Light fixture design shall be compatible with the design and the use of the principal structure on the site. Light fixtures shall be equipped with appropriate reflectors and shielded to prevent illumination of the adjacent properties. c.
d.
e.

2. a.
b.

3. a.
b.
c.
d.
e.
f.
gh.

4. a.
b. Incorporate placement of light fixtures into the landscape scheme of the project.

Show location and type of all exterior lights on the landscape plans, c. Height of any light poles shall be appropriate for the project and surrounding environment. Height of the light poles shall not exceed that of the main building, d. Use bollard type luminaries, maximum of eight (8) feet high for pedestrian areas, e. Shield light sources to prevent any glare or direct illumination on public streets, adjacent properties, or highways,
f. All area lights shall be energy efficient type (LED, High Pressure Sodium, or equivalent),
g. All on-site pedestrian and automobile traffic areas shall be illuminated for safety and security.

5. Onsite open space and outdoor recreation areas,
a. On each multifamily development of five (5) units or more, the open space requirements pursuant to Section 17.76.090 (Open space requirements for multifamily developments) shall be met.
b. In addition to those standards in Section 17.76.090, any multifamily project of fifteen (15) or more units shall provide a recreation area that complies with the following:
i. A defined and fenced recreation area which may include fixed play equipment, pools, ball courts, and similar facilities,
ii. The recreation area shall not be less than five hundred (500) square feet, or twenty-five (25) square feet per dwelling unit, whichever is greater, iii. The recreation area shall be visible from more than one (1) dwelling unit within the project,
iv. The recreation area shall be protected from any adjacent streets or parking lots with a fence or other barrier at least four (4) feet in height, c. Exemptions. The recreation area requirement shall not apply to any development that is:
i. Located within five hundred (500) feet of a public park; or ii. Age-restricted to senior citizens,
d. For minimum setback requirements, refer to the zoning district.

6. Landscaping,
a. At a minimum, the following landscaping is required:
i. All areas not occupied by parking, driveways, pedestrian walkways, recreation areas, buildings, structures, and hardscape shall be landscaped, ii. The required front yard shall be landscaped and not used for parking. The only area not landscaped within the required front yard is the driveway access to the required parking area, which shall not exceed twenty-five (25) feet in width.

Landscaping within the front setback area shall include one (1) fifteen (15)- gallon size tree for each fifty (50) feet of frontage, and at least one (1) one (l)-gallon sized shrub for each five (5) feet of frontage.

In addition to the required trees and shrubs, the landscaped area may also be planted with lawn or ground cover plants. Other decorative, non-plant ground covers may be used as long as they do not exceed twenty-five (25) percent of the landscaped area.

Parking lot landscaping shall be provided to enhance sites and building parking areas in compliance with subsection (C) of Section 17.60.090 (Design, construction, and maintenance standards).

Where landscaping is provided, adequate irrigation and maintenance thereof shall be provided, including replacement of dead trees, shrubs, vines, or other ground cover required pursuant to this section.

IV.
v.

VI.

7. Fencing.

All fences shall comply with Section 17.76.120 (Fences, walls, hedges, and screen planting).

Any perimeter fencing utilized along a public street shall be constructed of decorative iron, pre-painted welded steel, vinyl, or wood picket material.

Fences and walls shall be compatible in style and material with the main structures on a site.
a.
b.
c.
d. To avoid the monotony of long, solid walls and fences around the perimeter of projects, variation in height and depth is encouraged,
e. Barbed wire and chain link fencing is prohibited,
f. Fences and walls used for noise control shall be made of materials most suited for noise reduction and which minimize reflective sound.

Security fencing and gates shall be of an open type to allow for maximum visibility of the secured area. Wrought iron and cast-iron fences are recommended for security fences and gates for all uses.

8. Refuse containers. Provide dumpsters for garbage collection and containers for recycling within a screened enclosure design specifically for that use pursuant to Section 17.76.230 (Trash and recycling enclosures).

B. Building Design Standards.

1. Building mass and articulation.

Building length. Buildings shall not be less than twenty (20) feet or exceed two hundred (200) feet in width or length on any side,
b. Facade articulation. All building facades that face or will be visible from a public street shall include one (1) or more of the following treatments.

Exterior building walls shall vary in depth through a pattern of offsets, recesses, or projections.
ga.

I.
ii. The building height shall be varied so that a portion of the building has a noticeable change in height; or roof forms are varied over different portions of the building through changes in pitch, plane, and orientation, iii. The building facades shall incorporate details such as window trim, window recesses, cornices, belt courses, and other design elements, c. Maximum building height. As established for the zoning district in which the development is located,
d. Vertical articulation for tali buildings. In buildings of three (3) or more stories, upper and lower stories shall be distinguished by incorporating one (1) or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified,
i. A change in facade materials, along with a change in plane at least one (1) inch in depth at the transition between the materials,
ii. A horizontal design feature such as a water table, belt course, or belly band,
iii. A base treatment at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the facade and projecting at least one (1) inch from the wall surface of the remainder of the building,
iv. Setting back the top floor(s) of the building at least five (5) feet from the remainder of the facade.

Facade transparency/limitation on blank walls,
a. At least twenty (20) percent of the area of each street-facing facade of a residential building must consist of windows, doors, or other openings. No wall that faces a sidewalk, pedestrian walkway, or publicly accessible outdoor space shall run in a continuous plane of more than thirty (30) feet without a window, door, or other opening.

2. 3. Roofline.

Minimum roof slope: 3:12.

Minimum roof eave overhang. Twelve (12) inches.

Exterior theme.

Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

Screening. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings in accordance with Section 17.76.240 (Screening).
a.
b.

4. a.
b.

5. CHAPTER 17.112

SURFACE MINING AND RECLAMATION
Sections:

17.112.010

17.112.020

17.112.030

17.112.040

17.112.050

17.112.060

17.112.070

17.112.080

17.112.090

17.112.100

17.112.110

17.112.120

17.112.130

17.112.140

17.112.150

17.112.160

17.112.170
Purpose and intent.

Definitions.

Incorporation by reference.

Applicability.

Vested rights.

Use permits.

Reclamation plans.

Modifications to reclamation plans.

Interim management plans.

Financial assurances.

Appeals.

State review.

Transferability.

Annual inspections and reports.

Record keeping.

Enforcement.

Fees.

Purpose and intent.

The city recognizes that the extraction of minerals is essential to the continued economic well being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The city also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code [PRC] Section 2710 et seq.), as amended, hereinafter referred to as "SMARA", PRC Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1. Section 3500 et seq.), to ensure that:

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

Residual hazards to the public health and safety are eliminated.

17.112.010
A.

Definitions.

The definitions set forth in this section shall govern the construction of this chapter. "Area of regional significance" means an area designated by the State Mining and Geology Board (SMGB) which is known to contain a deposit of minerals, the extraction of which is judged to be

17.112.020
of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance. "Area of statewide significance” means an area designated by the SMGB which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.
“Borrow pits” means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere. “Compatible land uses” means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.
“Haul road” means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation. “Idle" means an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one (1) year or more by more than ninety (90) percent of its maximum annual mineral production within any of the last five (5) years during which an interim management plan has not been approved.
“Incompatible land uses” means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements.

Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.
“Mined lands” means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
“Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
“Mining waste” means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
“Operator” means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on their behalf, except a person who is engaged in surface mining operations as an employee with wages as their sole compensation. “Permit” means any authorization from, or approval by, a lead agency, the absence of which would preclude surface mining operations.
'‘Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. “Stream bed skimming" means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher. “Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). “Vested rights” means a person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the surface mining operations.

Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

Incorporation by reference.

The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and state regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

PRC Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and general plan resource management policies are incorporated into this chapter.

17.112.030
A.

Applicability.

Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the city, including but not limited to, the application of the California Environmental Quality Act ("CEQA”, PRC, Division 13. Section 21000 et seq.), the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

This chapter does not apply to any of the following activities, subject to the above-referenced exceptions:

17.112.040
A.

1. Excavations or grading conducted for farming.

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions;
All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, CEQA.

The city’s approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

The approved construction project is consistent with the general plan or zoning of the site.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

Operation of a mineral processing site, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling, crushing, screening, batching, and onsite recovery of mined materials, subject to all of the following conditions:

The site is located on lands designated for industrial or commercial uses in the general plan.

The site is located on lands zoned industrial or commercial or on lands appropriately zoned for mineral processing.

None of the minerals being processed are extracted onsite.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

Prospecting for, or the extraction of. minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one (1) acre or less.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

Surface mining operations and emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board as specified in PRC Section 2714.

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is

2. a.
b.
c.
d.
3,
a.
b.
c.
d.

4. 5.

6. 7.

8. limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within one hundred (100) feet of a Class One watercourse or seventy-five (75) feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.

This exemption shall be available only if slope stability and erosion are controlled in accordance CCR Sections 3704(f) and 3706(d) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the Department of Forestry and Fire Protection.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil or gas as specified in PRC Section 2714.
a.

9. 17.112.050 Vested rights.

A. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of SMARA (January 1, 1976).

B. All other requirements of state law and this chapter shall apply to vested mining operations.

Use permits.

A use permit shall be required for a surface mining operation which is not determined to be vested.

A use permit shall also be required for the expansion of a surface mining operation beyond the boundaries of the vested area.

17.112.060
Reclamation plans.

The city's review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of this chapter and PRC Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500). Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as applicable. Reclamation plans determined to substantially meet these requirements shall be approved by the city for purposes of this chapter.

The following standards shall apply to all reclamation plans:

The reclamation plan shall be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and reclamation plan, including topography, revegetation, and sediment and erosion control.

All reclamation plans shall be subject to the reclamation performance standards in 14 CCR Sections 3700 through 3713. These standards shall apply to each mining

17.112.070
A.

1. 2.
operation, but only to the extent that they are consistent with the planned or actual subsequent use or uses of the mining site.

3. The city shall employ standards in compliance with state policy. The city may impose additional performance standards (conditions) developed either in review of individual projects, as warranted, or through the adoption of citywide performance standards.

C. The reclamation plan shall be filed with the city on a form provided by the city clerk, by any person who owns, leases, or otherwise controls or operates on all. or any portion of any. mined lands, and who plans to conduct surface mining operations thereon. The reclamation plan shall include the information and documents required under PRC Sections 2772, 2773, 2773.3. and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as applicable. The application shall also include environmental review information required under CEQA as prescribed by the city clerk or their designee.

1. Professional reports, documents, calculations, plans, specifications, maps, cross sections, boring or trench logs, and diagrams (documents hereafter) which must, under applicable law, regulation, or code, be prepared by or under the supervision of licensed professionals will not be accepted or considered unless at least one copy of said document bears an original signature, stamp impression or seal, and date affixed by the author in accordance with applicable law and regulation.

2. Unless othenwise directed or agreed in advance, all professionally prepared documents included in any application package submitted for formal decision maker action are to be in final form and must be signed, stamped or sealed, and dated in accordance with applicable law and regulation.

D. Reclamation plans shall be approved, conditionally approved, or denied in accordance with this chapter, including a public hearing, except where preempted by the PRC.

1. Reclamation plans determined not to substantially meet the requirements of this chapter, PRC Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as applicable, shall be returned to the operator within sixty (60) days. The operator has sixty (60) days to revise the plan to address identified deficiencies, at which time the revised plan shall be returned to the city for review and approval of completeness.

2. Prior to city approval, reclamation plans shall be forwarded to the Department of Consen/ation and other state agencies as required under SMARA (PRC Section 2772.1). The city shall certify to the supervisor that the reclamation plan complies with the applicable requirements of PRC Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as in effect at the time the reclamation plan is submitted to the supervisor for review (PRC Section 2772.1).

E. The decision on a reclamation plan may be appealed in accordance with Section 17.112.110 (Appeals).

F. Prior to approving a reclamation plan, the approving body shall make the following findings:

1. The project has been reviewed pursuant to CEQA, all adverse impacts related to the reclamation plan have been mitigated by the plan and/ or the recommended condition of approval, and the appropriate environmental determination has been adopted.

2. The reclamation plan complies with the requirements of the SMARA, specifically PRC Sections 2772 and 2773, and the reclamation standards specified in CCR, Title 14.

Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713.

3. The reclamation plan has been forwarded to the Department of Conservation as prescribed by this chapter and in accordance with PRC Section 2772.1, including all applicable documentation required for submission as outlined in PRC Section 2772.1.

4. The reclamation plan complies with the purpose, intent, and requirements of this chapter.

5. The proposed goal of reclamation is consistent with the general plan policies and zoning for the area.

G. If the surface mining operation for which a reclamation plan has been approved is not commenced within two (2) years of the approval date of the reclamation plan, the reclamation plan shall be null and void. An extension of time for one (1) additional year may be granted by the original approving body provided the operator submits a request prior to the expiration of the reclamation plan. Extension of time shall not be granted to extend the date of completion of the reclamation plan.

17.112.080 Modifications to reclamation plans.

A. Any person having an approved reclamation plan may file for an amendment of that reclamation plan as specified herein. Amendment applications shall be in the form specified by the city clerk. An amendment to an approved reclamation plan will be considered minor or major based on whether there is a substantial deviation from the approved reclamation plan.

All proposed reclamation plan amendments shall be submitted to the Department of Conservation for concurrence that an amendment is a minor, non-substantial deviation from the approved plan, or for compliance review of a major, substantial deviation plan amendment.

A major amendment shall be subject to the standard reclamation plan application fee and a minor amendment shall be subject to the minor amendment application fee.

B. Minor, Non-Substantial Deviation Reclamation Plan Amendments. Minor reclamation plan amendments may include any of the following if the city clerk and the Department of Conservation determine the amendment does not constitute a substantial deviation from the approved reclamation plan;

1. Modifications that involve minor changes, such as those that improve drainage, improve slope designs within the reclamation plan boundaries or improve re-vegetation success;

2. Modifications that adjust the reclamation boundaries to incorporate areas disturbed prior to January 1, 1976, or existing components of the mining operation that were established In accordance with all other city requirements;

3. Approval of interim management plans for idle mines pursuant to this chapter; or

4. Other modifications that the city clerk determines do not constitute a substantial deviation from the approved reclamation plan upon concurrence from the Department of Conservation.

C. The city clerk is the decision-making authority for non-substantial reclamation plan amendments. The city clerk’s decision may be appealed to the city council pursuant to Section

17.120.020 (Appeals of administrative action).

D. Major, Substantia! Deviation Reclamation Plan Amendments. A major reclamation plan amendment is any reclamation plan amendment that constitutes a substantial deviation from the existing, approved reclamation plan under this section and SMARA. A substantial deviation shall be defined as a change or expansion to a surface mining operation that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed. In determining whether a change or expansion constitutes a substantial deviation, the lead agency shall take into consideration the following factors:

A substantial increase in the disturbance of a surface area or in the maximum depth of mining:

A substantial extension of the termination date of the mining operation as set out in the approved reclamation plan;
Changes that would substantially affect the approved end use of the site as established in the reclamation plan;
The consistency of any proposed change to the operation with the previously adopted environmental determinations and one that would trigger a new environmental document:

Whether the change would trigger a substantial amendment to any approved use permit applicable to the mining activity: and/or
Any other changes that the lead agency deems substantial deviations as defined in this subsection.

E. The city council is the decision-making body for substantial deviation reclamation plan amendments.

1. 2.

3. 4.

5. 6.

17.112.090 Interim management plans.

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the city for review and approval, an interim management plan. The review and approval of an interim management plan shall not be considered a project for purposes of CEQA. The approved interim management plan shall be considered an amendment to the surface mining operation's approved reclamation plan. The interim management plan shall provide the measures that the operator will implement to maintain the site in compliance with SMARA, including all conditions of any applicable use permit and/or reclamation plan.

Prior to city approval, interim management plans shall be submitted for review by the Department of Conservation pursuant to Section 17.112.120 (State review).

The city clerk may approve an interim management plan without public notice or a public hearing if the city clerk determines that the interim management plan does not require any changes to the reclamation plan or conditions of approval and adequately describes the measures that will be implemented to maintain the mine in idle status while complying with SMARA and any applicable permit conditions. The decision of the city clerk may be appealed to the city council pursuant to Section 17.120.020 (Appeals of administrative action).

The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the city shall do one of the following:

Renew the interim management plan for another period not to exceed five (5) years, if the city finds that the surface mining operator has complied fully with the interim management plan:

1. Require the operator to commence reclamation in accordance with the approved reclamation plan.

The financial assurances shall remain in effect during the period that the surface mining operation is idle. If the operation remains idle after the expiration of its interim management plan, reclamation shall commence in accordance with the approved reclamation plan.

Within forty-five (45) days of the receipt of the interim management plan, or a longer period mutually agreed upon by the city clerk and the operator, the city clerk or their designee shall review the interim management plan in accordance with this chapter, and if the interim management plan satisfies the requirements of this section, forward the plan to the Department of Conservation for comment. Otherwise, the city clerk or their designee shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the city clerk, to submit a revised plan.

The city clerk or their designee shall submit the interim management plan, including a revised interim management plan, to the Department of Conservation for review, and certify to the supervisor that the interim management plan is a complete submission and complies with the applicable requirements of this chapter and PRC, Division 2, Chapter 9, Section 2710 et seq., Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR.

The city clerk or their designee shall review and evaluate written comments received from the Department of Conservation relating to the interim management plan within a reasonable amount of time and respond to the supervisor in accordance with PRC Section 2770, including, but not limited to, providing the supervisor notice of an intended approval of the interim management plan.

The city clerk shall approve or deny the revised interim management plan within sixty (60) days of receipt of the Department of Conservation's comments or within ninety (90) days of submitting the interim management plan to the supervisor if no comments are received from the supervisor, if the city clerk denies the revised interim management plan, the operator may appeal that action to the city council, which shall schedule a public hearing within forty-five (45) days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the city council.

Unless review of an interim management plan is pending before the city, or an appeal is pending before the city council, a surface mining operation which remains idle for more than one (1) year after becoming idle as defined in Section 2727.1 without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

Any enforcement action which may be brought against a person for operating without an approved reclamation plan, financial assurance, or interim management plan, shall be held in abeyance pending review pursuant to PRC Section 2770 subdivision (b) or (h), or the resolution of an appeal filed with the State Mining and Geology Board pursuant to subdivision (e), or with the city council pursuant to subdivision (h) (PRC Section 2770(h)(1) through (6)).

Financial assurances.

The city's review of financial assurances is limited to whether the financial assurances substantially meet the applicable requirements of PRC Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, and this chapter. Financial assurances for reclamation shall be sufficient to perform

2. E.

17.112.100
A.
reclamation of lands remaining disturbed. Financial assurances determined to substantially meet these requirements shall be approved by the city for purposes of this chapter. Except as specified in PRC Section 2770(e), an appeal pursuant to PRC Section 2770(e) with regard to non-approval of financial assurances, and that appeal is pending before the State Mining and Geology Board, the continuation of the surface mining operation is prohibited until financial assurances for reclamation are approved by the city.

The city shall require financial assurances of each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation's approved reclamation plan, as follows;
Financial assurances may take the form of surety bonds executed by an admitted surety insurer, as defined in subdivision (a) of Section 995.120 of the Code of Civil Procedure, irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the State Mining and Geology Board pursuant to PRC Section 2773.1(e), which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.

The amount of financial assurances cost estimate required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism.

Financial assurance cost estimates shall be submitted to the city for review on a form developed by the Department of Conservation and approved by the State Mining and Geology Board.

The financial assurances shall be made payable to the city and the Department of Conservation. A financial assurance mechanism shall not be released without the consent of the city clerk and the Department of Conservation. Financial assurances that were approved by the city prior to January 1,1993, and were made payable to the state geologist shall be considered payable to the Department of Conservation for purposes of this chapter. However, if a surface mining operation has received approval of its financial assurances from a public agency other than the city, the city shall deem those financial assurances adequate for purposes of this section, or shall credit them toward fulfillment of the financial assurances required by this section, if they are made payable to the public agency, the city, and the Department of Conservation and otherwise meet the requirements of this section. In any event, if the city and one or more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the city and the public agencies for any one year shall not exceed that amount which is necessary to perform reclamation of lands remaining disturbed. For purposes of this paragraph, a "public agency" may include a federal agency.

Estimates for financial assurances shall include descriptions of the tasks to be performed, identification of equipment, labor and materials requirements, definition of unit costs, total cost per task, total direct cost of reclamation, and administrative costs including costs of supervision, profit and overhead, contingencies and mobilization.

1. 2.

3. 4.

5. 6.

Additional required information may include a site plan showing the present limits of the disturbed area to be reclaimed, and other information necessary to verify the estimate.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or state may need to contract with a third-party for reclamation of the site.

Financial assurances determined not to substantially meet the requirements of PRC Section 2773.1 shall be returned to the operator within sixty (60) days. The operator has sixty (60) days to revise the financial assurances to address identified deficiencies, at which time the revised financial assurances shall be returned to the city for review and approval of completeness.

Prior to city approval, financial assurances shall be forwarded to the Department of Conservation pursuant to Section 17.112.120 (State review) and PRC Section 2773.4.

The decision to approve financial assurances, both with respect to the form and amount thereof, shall be made by the city clerk. The financial assurance estimates shall be based on an approved reclamation plan. The city clerk’s decision may be appealed in accordance with Section 17.112.110 (Appeals).

Financial assurances are not required of a surface mining operation, and shall be released, upon written notification by the city clerk and the Department of Conservation, which shall be forwarded to the operator and the institutions providing or holding the financial assurance mechanism, when reclamation has been completed in accordance with the approved reclamation plan. If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the city clerk and the Department of Conservation until new financial assurances are secured from the new owner and have been approved by the city in accordance with Section 2770, 2773.1, and 2773.4. Within ninety (90) days of the sale or transfer of a surface mining operation, the new operator shall submit an appropriate financial assurance mechanism, which may be the existing mechanism if the existing mechanism is payable in the event of the new operator's financial incapability or abandonment of the surface mining operation, that is subject to review by the city and the Department of Conservation pursuant to subdivision (e) of Section 2773.4.

Within fifteen (15) days of the sale or transfer of a surface mining operation, the new operator shall sign a new statement of reclamation responsibility in accordance with paragraph (10) of subdivision (c) of Section 2772.

The city shall conduct a public hearing to determine if the operator is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned the surface mining operation without completing reclamation. The city shall provide notice of the public hearing to the operator and the Department of Conservation at least thirty (30) days prior to the hearing.

If the city, following a public hearing, determines that the operator is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned the surface mining operation without completing reclamation, the city clerk or their designee shall do all of the following:

Notify the operator by personal sen/ice or certified mail that the city intends to take appropriate action to forfeit the financial assurances and specify the reasons for so doing:

7. C.

1. Allow the operator sixty (60) days to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the city and the operator; Proceed to take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with subsection (H)(2) of this section; and Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the approved reclamation plan. If the surface mining operation cannot be reclaimed in accordance with its approved reclamation plan, or the financial assurance mechanisms are inadequate to reclaim in accordance with its approved reclamation plan, the city or Department of Conservation may use forfeited financial assurance mechanisms to reclaim or remediate mining disturbances as appropriate for the site conditions as determined by both the city and the supervisor, in no event shall the financial assurances be used for any other purpose. The operator is responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurances.

2. 3.

4. Appeals.

Decisions of the city clerk or their designee may be appealed to the city council within fifteen (15) calendar days of the decision by filing an appeal pursuant to Section 17.120.020 (Appeals of administrative action).

17.112.110

17.112.120 State review.

Prior to approving a surface mining operation’s reclamation plan, interim management plan, financial assurances, including existing financial assurances reviewed by the city pursuant to PRC Section 2773.4 or any amendments, the city shall submit the plan, assurances, or amendments to the Department of Conservation for review.

Pursuant to PRC Section 2772.1 and PRC Section 2773.4(b) the Department of Conservation shall be given thirty (30) days to review the reclamation plan and fifteen (15) days to review the financial assurance, including any amendments, for completeness. Following the receipt of a complete reclamation plan submission, including any amendments, the supervisor shall be given thirty (30) days to comment. Following the receipt of a complete financial assurance submission, including any amendments, the supervisor shall be given forty-five (45) days to comment. For an interim management plan, the supervisor shall be given thirty (30) days to comment pursuant to PRC Section 2770(h)(4)(C). The city shall prepare a written response to the supervisor’s comments describing the disposition of the major issues raised by the supervisor's comments, and submit the city's proposed response to the supervisor at least thirty (30) days prior to approval of the reclamation plan, plan amendment, interim management plan, financial assurance, or financial assurance amendment. The city’s response to the supervisor’s comments shall describe whether the city proposes to adopt the supervisor’s comments to the reclamation plan, plan amendment, interim management plan or financial assurance, or financial assurance amendment. If the city does not propose to adopt the supervisor’s comments, the city shall specify, in detail, why the city proposes not to adopt the comments. Copies of any written comments received and responses prepared by the city shall be forwarded to the operator. The city shall also give the supervisor at least thirty (30) days' notice of the time, place, and date of the hearing before the city council at which time the reclamation plan, plan amendment, financial assurance, or financial assurance A.

B.
amendment is scheduled to be approved. If no hearing is required by this chapter or title or state law, then the city shall provide thirty (30) days' notice to the supervisor that it intends to approve the reclamation plan, plan amendment, interim management plan financial assurance, or financial assurance amendment. Within thirty (30) days following the approval of the reclamation plan or plan amendment, the city shall provide the supervisor notice of the approval. The city shall provide, as soon as practicable but no later than sixty (60) days after approval of the reclamation plan or plan amendment, certified copies of all maps, diagrams, or calculations, signed and sealed in accordance with PRC Section 2772.1(b)(7)(A) and PRC Section 2772.1 (b)(7)(B), including all required documentation as outlined in said sections. The city shall send to the supervisor its final response to the supervisor's comments within thirty (30) days following its approval of the financial assurance or amendment during which period the department retains all powers, duties, and authorities of this chapter.

C. The city shall notify the Department of Conservation of the filing of an application for a permit to conduct surface mining operations within thirty (30) days of such an application being filed (and determined complete) with the city.

D. Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one (1) mile upstream or downstream of any state highway bridge, the city shall notify the Department of Transportation that the application has been received. The Department of Transportation shall have a period of not more that forty-five (45) days to review and comment on the proposed surface mining operations with respect to any potential damage to the state highway bridge from the proposed surface mining operations.

The city shall not issue or renew the permit until the Department of Transportation has submitted its comments or until forty-five (45) days from the date the application for the permit was submitted, whichever occurs first.

E. The city shall comply with the procedures and timeframes prescribed in PRC Section 2774.2.5 when submitting to the Department of Conservation for state review. If there is any conflict between the requirements of this section and SMARA, the requirements of SMARA shall govern.

Transferability.

A. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter.

B. Financial assurances provided by the operator's successor to the city and the Department of Conservation shall have been approved, and the financial assurance mechanism shall be in place prior to the continuation of surface mining operations.

17.112.130
Annual inspections and reports.

Surface mining operators shall forward an annual status report to the Department of Conservation and to the city on a date established by the supervisor upon forms furnished by the State Mining and Geology Board.

The city shall conduct an inspection of a surface mining operation in intervals of no more than twelve (12) months, solely to determine whether the surface mining operation is in compliance with this chapter. In no event shall the city inspect a surface mining operation less than once in any calendar year. The city may cause such an inspection to be conducted by a stateregistered geologist, state-registered civil engineer, state-licensed landscape architect, or

17.112.140
A.

B.
state-registered forester, or a qualified city employee experienced in land reclamation and not previously employed by the mining operation in any capacity during the previous twelve (12) months. All inspections shall be conducted using a form developed by the Division of Mine Reclamation and approved by the State Mining and Geology Board. The operator shall be solely responsible for the reasonable cost of the inspection. The city shall provide a notice of completion of inspection to the supervisor within ninety (90) days of conducting the inspection.

The notice shall contain a statement regarding the surface mine's compliance with this chapter, shall include a copy of the completed inspection form, and shall specify, as applicable, all of the following:

Aspects of the surface mining operations, if any, are inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor; Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor:

A statement describing the city’s intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor; and A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the city.

If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) or (h) of Section 2770, or an appeal pending before the State Mining and Geology Board or the city council under subdivision (b) or (h) or Section 2770, the notice shall so indicate. The city shall fonA/ard to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, without limitation, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester, or qualified city empioyee who conducted the inspection.

1. 2.

3. 4.

17.112.150 Record keeping.

The city shall establish and maintain in-house measures and procedures to ensure organized record keeping and monitoring of surface mining reclamation under its jurisdiction. The city shall forward a copy of each permit and approved reclamation plan and financial assurance instrument to the Department of Conservation.

Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the city that the release of that information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the Department of Conservation and to persons authorized in writing by the operator and by the owner.

A copy of all reclamation plans, reports, applications, and other documents submitted pursuant to this chapter shall be furnished to the Department of Conservation by the city on request.

17.112.160 Enforcement.

If the city clerk or their designee, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in A.
compliance with SMARA, the approved reclamation plan, an interim management plan or the provisions of this chapter, then the city clerk may follow the enforcement procedures and remedies provided in PRC Section 2774.1 including issuance of a notice of violation and any subsequent order to comply and administrative penalties. Such enforcement procedures and remedies are non-exclusive and are in addition to any other procedure or remedy provided under the law.

An appeal of an order to comply without administrative penalties must be made to the city council in accordance with Section 17.112.110 (Appeals) except that the appeal may be lodged within thirty (30) days of the order. An appeal of an order setting administrative penalties must be made directly to the city council in accordance with Section 17.112.110 except that the appeal may be lodged within thirty (30) days of the order.

Fees.

The city council shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and applicable state laws, including processing of applications, appeals, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator of the surface mining operation as required by the city at the time of filing of the reclamation plan application, modification to reclamation plan application, appeal, or time extension request, and at such other times as are determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mine operator.

17.112.170
CHAPTER 17.116

AMENDMENTS
Sections:

17.116.010

17.116.020

17.116.030

17.116.040
When made.

Initiation.

Public hearings.

Action by city council.

When made.

Subject to the approval of the city council, the regulations and districts established by this title, and the boundaries thereof, may be changed, amended, or altered, or any provision thereof may be changed, altered, or amended, and any property within the city may be rezoned, reclassified, or established whenever the public convenience, necessity, or general welfare require the same by following the procedure set forth in this chapter.

17.116.010
Initiation.

Any such change, amendment, alteration, rezoning, or establishment (singly or collectively referred to herein as an "amendment”) may be initiated by the city council or city clerk, or by verified petition of one (1) or more owners of the property affected by the proposed amendment, which petition shall be filed and accompanied by a fee set by the city council.

17.116.020
Public hearings.

The city council shall hold a public hearing on any proposed amendment and shall give notice of the time and place of the hearings, as set forth in Section 17.120.010 (Notice required). Any such hearing may be continued from time to time.

17.116.030
Action by city council.

After notice has been given as provided in Section 17.120.010 (Notice required), the city council shall at a regular or special meeting or meetings publicly hear and consider the matter. Any such hearing may be continued from time to time. Within sixty (60) days after the conclusion of the hearing, the city council may amend, alter, adopt, or reject the amendment.

17.116.040
CHAPTER 17.120

HEARINGS AND APPEALS
Sections:

17.120.010

17.120.020
Notice required.

Appeals of administrative action.

Notice required.

Notice of any public hearing required under the terms of this title shall be given at least ten (10) days prior to the first hearing by at least one (1) publication in a newspaper of general circulation within the city, and by the U.S. Mail, postage prepaid, to all persons whose name and address appear on the latest adopted tax roll as owning property within a distance of not less than three hundred (300) feet from the exterior boundaries of the real property subject to the hearing. If there is no newspaper of general circulation, in lieu of publication, the public hearing notice shall be posted in three (3) public places in the city in accordance with Government Code Section 65090.

Notwithstanding subsection (A) of this section, if a proposed amendment pursuant to Chapter 17.120 (Amendments) affects the permitted uses of real property, notice of the hearing shall be given at least twenty (20) days prior to the first hearing.

Any defect or error appearing in such notice shall not divest the city council of jurisdiction nor invalidate any proceedings.

17.120.010
A.

Appeals of administrative action.

All interpretations and decisions of the city staff authorized by this title are subject to appeal in writing to the city council. Appeals of any administrative interpretation or decision shall be made by filing a written appeal with the city clerk within ten (10) calendar days after rendition of the city staffs decision. Such appeal shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city.

The city council shall hear and decide on the appeal within forty-five (45) days of filing the appeal and shall make findings supporting their decision on the matter. The city council may reverse, set aside, affirm, amend, or modify the action of staff, provided that the actions of the council are consistent with the general plan and are in compliance with city code. The council may also refer said matter back to staff for additional consideration or to obtain additional information. The decision of the city council shall be final on all matters.

No building permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal no such permit shall be granted until the matter has been finally approved by the city council.

Building permits issued pursuant to this chapter shall conform to the terms and conditions of the conditional use permit granted.

17.120.020
A.

CHAPTER 17.124

ENFORCEMENT AND PENALTIES
Sections:

17.124.010

17.124.020

17.124.030

17.124.040
Officials and city employees to conform - Enforcement.

Penalty for violation.

Nuisance abatement.

Remedies cumulative.

Officials and city employees to conform - Enforcement.

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, structures, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict therewith shall be null and void. It shall be the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, maintenance, moving, conversion, alteration, or addition to any building or structure. Any city official may refer any request for interpretation of this title to the city council.

17.124.010
Penalty for violation.

Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title, is guilty of an infraction or misdemeanor, as determined by the code enforcement officer, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm, or corporation, and shall be punishable as provided in this section.

17.124.020

17.124.030 Nuisance abatement.

Any building or structure set up. erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of lands, buildings, or premises established or conducted thereon, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance; and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or land contrary to the provision of this title.

Remedies cumulative.

The remedies provided for herein shall be cumulative and not exclusive.

17.124.040
Exhibit B" to Ordinance 230 City of Etna Zoning Map

CITY OF ETNA

STAFF REPORT TO CITY COUNCIL
November 3, 2025
TITLE 14, FLOOD DAMAGE PREVENTION
SECOND READING OF ORDINANCE 229
The project consists of a city-initiated update to the City’s Flood Damage Prevention Ordinance in advance of updates to FEMA’s Preliminary Flood Insurance Study report and Flood Insurance Rate Map for the City, which will become effective at the end of this year. An update to the Flood Damage Prevention Ordinance is necessary prior to the report and map becoming effective for the City to maintain eligibility in the National Flood Insurance Program.

The City Council is being asked to provide a second reading of Ordinance 229 to amend Title 14, Flood Damage Prevention, as recommended by FEMA.

I move that we adopt Ordinance 229, amending Title 14, Flood Damage Prevention, of the Etna Municipal Code.

A. Ordinance 229, An Ordinance of the City Council of the City of Etna Amending Title 14, Flood Damage Prevention, of the Etna Municipal Code Exhibit A-Title 14, Flood Damage Prevention
SUMMARY:

REQUEST OF CITY
COUNCIL:

SUGGESTED
MOTION:

ATTACHMENTS:

OVERVIEW
On September 22, Ordinance 229 was introduced for adoption upon a motion by Mayor Munson and a second by Council Member Stacher, with Mayor Munson providing a first reading of Ordinance 229 by title only. With the first reading of Ordinance 229 now complete, the ordinance requires a second reading for adoption (see Attachment A). Once passed. Ordinance 229 becomes effective 30 days later.

ENVIRONMENTAL
As discussed in the September 22"*^ staff report and at the September 22"^ City Council meeting, the project does not have the potential to result in a significant impact on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (i.e., the commonsense exemption) and Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment). A finding to this effect was made by the City Council prior to the Council’s approval of the first reading of Ordinance 229 on September 22. 2025. No further action relative to CEQA is required.

Flood Damage Prevention Ordinance Update Page 1

ATTACHMENT A
Draft Ordinance 229
ORDINANCE 229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ETNA AMENDING TITLE 14, FLOOD DAMAGE PREVENTION, OF THE ETNA MUNICIPAL CODE WHEREAS, the National Flood Insurance Program (NFIP) is a federal program managed by the Federal Emergency Management Agency (FEMA) that aims to reduce the financial impact of floods on individuals and communities in the United States; and WHEREAS, to participate in the NFIP, communities must adopt and enforce floodplain development regulations that meet the NFIP’s minimum requirements for reducing flood effects; and
WHEREAS, the City of Etna participates in the NFIP; and WHEREAS, the City of Etna’s floodplain development regulations for reducing flood effects are found in Title 14 (Flood Damage Prevention) of the Etna Municipal Code; and WHEREAS, due to a forthcoming update to the Preliminary Flood Insurance Study report and Flood Insurance Rate Map for the City of Etna, the City must amend Title 14 as recommended by FEMA to remain in good standing with the NFIP.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Etna does ordain as follows;
SECTION I: Findings. The recitals above are true and correct and incorporated herein by this reference.

SECTION II: Amendment to Title 14, Flood Damage Prevention. Chapters 14.01 through 14.06 of the current Title 14, Flood Damage Prevention, of the City of Etna Municipal Code is deleted entirely and replaced with the text provided in “Exhibit A” hereto.

SECTION III: CEQA. Because it could be seen with certainty that the amendments to Title 14, Flood Damage Prevention, as provided for in “Exhibit A,” do not have the potential to result in a significant impact on the environment, the City Council adopted exemptions for the project pursuant to CEQA Guidelines Section 15061(b)(3) (i.e., the commonsense exemption) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) at the Council’s regularly scheduled meeting on September 22, 2025.

SECTION IV: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

SECTION V: Effective date. This ordinance shall become effective thirty (30) days after its passage.
412001.1
SECTION VI: Implementation. The City Council hereby authorizes and directs the City Clerk to take any action and sign any documents necessary to implement this ordinance.

Section VII. Certification. The City Clerk shall certify to passage and adoption of this ordinance and shall give notice of its adoption as required by law. This ordinance, or a summary thereof, shall be published and/or posted in compliance with the requirements of Government Code section 36933.

Section VIII. Inconsistencies. Any provisions of the Etna Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

Section IX. Codification. The City Clerk is directed and authorized to instruct the publisher of the City of Etna Municipal Code that codification of this ordinance is limited to “Exhibit A." Section X. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.

PASSED AND ADOPTED this
the City of Etna City Council by the following vote:
day of 2025, at a regular meeting of
AYES:

NOES:

ABSENT:

ABSTAIN:

Cliff Munson, Mayor
ATTEST:

Pamela Eastlick, City Clerk
412001.1
Exhibit A to Ordinance 229
TITLE 14

FLOOD DAMAGE PREVENTION
Chapters:

14.02 14.04

14.06 14.08

14.10 14.12
Statutory Authority - Findings of Fact - Purpose and Methods Definitions
General Provisions
Administration
Provisions for Flood Hazard Reduction
Flood Variance Procedure
CHAPTER 14.02

STATUTORY AUTHORITY - FINDINGS OF FACT - PURPOSE AND METHODS Sections

14.02.010

14.02.020

14.02.030

14.02.040
Statutory authorization.

Findings of fact.

Statement of purpose.

Methods of reducing flood losses.

Statutory authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of City of Etna does hereby adopt the following floodplain management regulations.

Findings of fact.

The flood hazard areas of City of Etna are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which can adversely affect the public health, safety, and general welfare.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities also contributes to flood losses.

14.02.010

14.02.020
A.

Statement of purpose.

It is the purpose of this title to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood-prone, mudslide {i.e., mudflow) or flood related erosion areas. These regulations are designed to:

14.02.030
A. Protect human life and health;
Minimize expenditure of public money for costly flood control projects:

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
Minimize prolonged business interruptions:

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; B.

G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

14.02.040 Methods of reducing flood losses.

In order to accomplish its purposes, this title includes regulations to:

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities:

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
A.

C. Control filling, grading, dredging, and other development which may increase flood damage; and
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

CHAPTER 14.04

DEFINITIONS
Sections:

14.04.010

14.04.020

14.04.030

14.04.040

14.04.050

14.04.060

14.04.070

14.04.080

14.04.090

14.04.100

14.04.110

14.04.120

14.04.130

14.04.140

14.04.150

14.04.160

14.04.170

14.04.180

14.04.190

14.04.200

14.04.210

14.04.220

14.04.230

14.04.240

14.04.250

14.04.260

14.04.270

14.04.280

14.04.290

14.04.300

14.04.310

14.04.320

14.04.330

14.04.340

14.04.350

14.04.360

14.04.370

14.04.380

14.04.390

14.04.400

14.04.410

14.04.420

14.04.430

14.04.440

14.04.450

14.04.460

14.04.470

14.04.480

14.04.490
Generally.

A zone.

Accessory structure.

Accessory use.

Alluvial fan.

Apex.

Appeal.

Area of shallow flooding.

Area of special flood hazard.

Base flood.

Base flood elevation.

Basement.

Building.

Development.

Encroachment.

Existing manufactured home park or subdivision.

Expansion to an existing manufactured home park or subdivision.

Flood, flooding, or flood water.

Flood Boundary and Floodway Map.

Flood Insurance Rate Map.

Flood Insurance Study.

Floodplain or flood-prone area.

Floodplain administrator.

Floodplain management.

Floodplain management regulations.

Floodproofing.

Floodway.

Floodway fringe.

Fraud and victimization.

Functionally dependent use.

Governing body.

Hardship.

Highest adjacent grade.

Historic structure.

Levee.

Levee system.

Lowest floor.

Manufactured home.

Manufactured home park or subdivision.

Market value.

Mean sea level.

New construction.

New manufactured home park or subdivision.

Obstruction.

One-hundred-year flood (100-year flood).

Program deficiency.

Public safety and nuisance.

Recreational vehicle.

Regulatory floodway.

14.04.500

14.04.510

14.04.520

14.04.530

14.04.540

14.04.550

14.04.560

14.04.570

14.04.580

14.04.590

14.04.600

14.04.610
Remedy a violation.

Riverine.

Sheet flow area.

Special flood hazard area.

Start of construction.

Structure.

Substantial damage.

Substantial improvement.

Variance.

Violation.

Water surface elevation.

Watercourse

14.04.010 Generally.

Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application.

14.04.020 A zone.
‘A zone" means “special flood hazard area” as defined in Section 14.04.520 (Special flood hazard area).

14.04.030 Accessory structure.
‘Accessory structure" means a structure that is either:

Solely for the parking of no more than two cars; or
A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.

14.04.040 Accessory use.
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

14.04.050 Alluvial fan.
"Alluvial fan” means a geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

14.04.060 Apex.
"Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appeal.
“Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this title.

14.04.070
Area of shallow flooding.
“Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist;

14.04.080
the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard.
"Area of special flood hazard” means "special flood hazard area" as defined in Section 14.04.520 (Special flood hazard area).

14.04.090
Base flood.
"Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood"). "Base flood" is the term used throughout this title.

Base flood elevation.
"Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

14.04.100

14.04.110

14.04.120 Basement.
“Basement" means any area of the building having its floor subgrade (i.e., below ground level on all sides).

14.04.130 Building.

Building” means “structure” as defined in Section 14.04.540 (Structure).

Development.
“Development" means any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Encroachment.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

14.04.140

14.04.150
Existing manufactured home park or subdivision.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 3, 2009.

Expansion to an existing manufactured home park or subdivision. “Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

14.04.160

14.04.170

14.04.180 Flood, flooding, or flood water.

Flood,” “flooding,” or “flood water” means;
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudfiows); and The condition resulting from fiood-related erosion.

Flood Boundary and Floodway Map.
“Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the fioodway.

14.04.190

14.04.200 Flood insurance Rate Map.
"Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood Insurance Study.
"Flood Insurance Study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

14.04.210
Floodplain or flood-prone area.
“Floodplain” or "flood-prone area” means any land area susceptible to being inundated by water from any source. See "Flooding.”

14.04.220
Floodplain administrator.
“Floodplain administrator” is the community official designated by title to administer and enforce the floodplain management regulations.

14.04.230
Floodplain management.
“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

14.04.240
Floodplain management regulations.
“Floodplain management regulations” means this title and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas.

This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

14.04.250

14.04.260 Floodproofing.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

Floodway.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”

14.04.270
Fioodway fringe.
“Floodway fringe” is that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Fraud and victimization.
"Fraud and victimization,” as related to Chapter 14.12 (Flood Variance Procedure), means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Functionally dependent use.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Governing body.
“Governing body” is the local governing unit that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

14.04.280

14.04.290

14.04.300

14.04.310
Hardship.
“Hardship” as related to Chapter 14.12 (Flood Variance Procedure) means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

14.04.320

14.04.330

14.04.340 Historic structure.

Historic structure” means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

14.04.350 Levee.
“Levee" means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system.
“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

14.04.360

14.04.370 Lowest floor.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement’ definition).

An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:

The flood openings standard in subsection (C)(3) of Section 14.10.010 (Standards of construction).

The anchoring standards in subsection (A) of Section 14.10.010 (Standards of construction).

The construction materials and methods standards in subsection (B) of Section 14.10.010 (Standards of construction); and
The standards for utilities in Section 14.10.020 (Standards for utilities).

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.

1. 2.

3. 4.

14.04.380 Manufactured home.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” Manufactured home park or subdivision.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

14.04.390

14.04.400 Market value.
"Market value” is defined in the city of Etna substantial damage/improvement procedures. See subsection (B)(1) of Section 14.08.020 (Duties and responsibilities of the floodplain administrator).

14.04.410 Mean sea level.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

New construction.
"New construction,” for floodplain management purposes, means structures for which the "start of construction” commenced on or after March 4, 1980, and includes any subsequent improvements to such structures.

14.04.420
New manufactured home park or subdivision.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 3, 2009.

Obstruction.
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

14.04.430

14.04.440
One-hundred-year flood (100-year flood).

One-Hundred-Year Flood or 100-Year Flood. See “Base flood.

14.04.450
Program deficiency.
“Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

14.04.460
Public safety and nuisance.
"Public safety and nuisance,” as related to Chapter 14.12 (Flood Variance Procedure), means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

14.04.470

14.04.480 Recreational vehicle.

Recreational vehicle” means a vehicle which is:

Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection; Designed to be self propelled or permanently towable by a light duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

14.04.490
Remedy a violation.
“Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this title or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

14.04.500

14.04.510 Riverine.

Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

14.04.520 Sheet flow area.
“Sheet flow area” means “Area of shallow flooding” as defined in Section 14.04.080 (Area of shallow flooding).

Special flood hazard area.
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.

14.04.530
Start of construction.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction

14.04.540
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure.
“Structure” as used in this title means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

14.04.550
Substantial damage.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

14.04.560
Substantial improvement.
"Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.

14.04.570
A.

14.04.580 Variance.
“Variance” as used herein means a grant of relief by a community from the requirements of the flood ordinance which permits construction in a manner that would otherwise be prohibited by this title.

Violation.
“Violation” as used herein means the failure of a structure or other development to be fully compliant with this title. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this title is presumed to be in violation until such time as that documentation is provided.

14.04.590
Water surface elevation.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

14.04.600
Watercourse.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

14.04.610
CHAPTER 14.06

GENERAL PROVISIONS
Sections

14.06.010

14.06.020

14.06.030

14.06.040
Lands to which this title applies.

Basis for establishing the areas of special flood hazard.

Compliance.

Abrogation and greater restrictions.

Lands to which this title applies.

This title shall apply to all areas of special flood hazard within the jurisdiction of City of Etna.

14.06.010
Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for Siskiyou County, California and incorporated Areas” dated January 19, 2011, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated January 19, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at Etna City Hall, 442 Main Street, Etna, CA 96027.

14.06.020

14.06.030 Compliance.

It is the purpose of this title to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by iegally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood-prone, mudslide (i.e., mudflow) or flood related erosion areas. These regulations are designed to:

Protect human life and health;
Minimize expenditure of public money for costly flood control projects; Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
Minimize prolonged business interruptions:

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard:

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; A.

14.06.040 Abrogation and greater restrictions.

In order to accomplish its purposes, this title includes regulations to:

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction:

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
A.

CHAPTER 14.08

ADMINSTRATION
Sections

14.08.010

14.08.020

14.08.030

14.08.040
Designation of the floodplain administrator.

Duties and responsibilities of the floodplain administrator.

Development permit.

Appeals.

Designation of the floodplain administrator.

The city clerk is hereby appointed to administer, implement, and enforce this title by granting or denying development permits in accord with its provisions.

14.08.010

14.08.020 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this title have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained:

3. The site is reasonably safe from flooding:

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Etna: and

5. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction" definition.

6. Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.

B. Development of Substantial Improvement and Substantial Damage Procedures.

1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.”

2. Assure procedures are coordinated with other departments/divi sions and implemented by community staff.

C. Review, Use, and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.06.020 (Basis for establishing the areas of special flood hazard), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Chapter 14.10 (Provision for Flood Hazard Reduction).

NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas -A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995.

Notification of Other Agencies.

Alteration or Relocation of a Watercourse.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
Submit evidence of such notification to the Federal Emergency Management Agency: and
Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

Base Flood Elevation Changes Due to Physical Alterations.

Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

Certification required by subsection (C)(1) of Section 14.10.010 (Standards of construction) and Section 14.10.040 (Standards for manufactured homes):

Certification required by subsection (C)(2) of Section 14.10.010 (Standards of construction);
Certification required by subsection (C)(3) of Section 14.10.010 (Standards of construction);
Certification of elevation required by subsection (A)(3) of Section 14.10.030 (Standards for subdivisions and other proposed development); Certification required by subsection (B) of Section 14.10.060 (Floodways); and D.

1. a.
b.
c.

2. a.
b.

3. E.

1. 2.

3. 4.

5. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 14.08.040 (Appeals).

Remedial Action. Take action to remedy violations of this title as specified in Section 14.06.030 (Compliance).

Biennial Report. Complete and submit biennial report to FEMA.

Planning. Assure community’s general plan is consistent with floodplain management objectives herein.

6. F.

Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 14.06.020 (Basis for establishing the areas of special flood hazard). Application for a development permit shall be made on forms furnished by the City of Etna. The applicant shall provide the following minimum information:

Plans in duplicate, drawn to scale, showing:

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; Proposed locations of water supply, sanitary sewer, and other utilities:

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities:

Location of the regulatory floodway when applicable:

Base flood elevation information as specified in Section 14.06.020 (Basis for establishing the areas of special flood hazard) or subsection (C) of Section 14.08.020 (Duties and responsibilities of the floodplain administrator):

Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; and
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in (C)(2) of Section 14.10.010 (Standards of construction) and detailed in FEMA Technical Bulletin TB 3-93.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection (C)(2) of Section 14.10.010 (Standards of construction).

Fora crawl-space foundation, location and total net area of foundation openings as required in (C)(3) of Section 14.10.010 (Standards of construction) and detailed in FEMA Technical Bulletins 1-93 and 7-93.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

14.08.030
A.

1. 2.

3. 4.

5. 6.

7. B.

E. All appropriate certifications listed in subsection (E) of Section 14.08.020 (Findings of fact).

14.08.040 Appeals.

The city council of city of Etna shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this title.

CHAPTER 14.10

PROVISIONS FOR FLOOD HAZARD REDUCTION
Sections

14.10.010

14.10.020

14.10.030

14.10.040
Standards of construction.

Standards for utilities.

Standards for subdivisions and other proposed development.

Methods of reducing flood losses.

14.10.010 Standards of construction.

In all areas of special flood hazard the following standards are required:

Anchoring. Ali new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

With flood resistant materials and utility equipment resistant to flood damage; Using methods and practices that minimize flood damage; With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

Elevation and Floodproofing.

Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

In AE. AH, A1-30 zones, elevated to or above the base flood elevation.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation, as determined under subsection (C) of Section 14.08.020 (Duties and responsibilities of the floodplain administrator).

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

Nonresidential Construction. All new construction or substantia! improvements of nonresidential structures shall either be elevated to conform with subsection (C)(1) of this section or;
A.

1. 2.

3. 4.

1. a.
b.
c.

2. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (C)(1) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water;
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy: and
Be certified by a registered civil engineer or architect that the standards of subsections (C)(2)(a) and (b) of this section are satisfied. Such certification shall be provided to the floodplain administrator.

Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

For nonengineered openings;
Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding:

The bottom of all openings shall be no higher than one foot above grade; Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater: and
Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or Be certified by a registered civil engineer or architect.

Manufactured Homes. See Section 14.10.040 (Standards for manufactured homes).

Garages and Low Cost Accessory Structures,
a. Attached Garages,
i. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See subsection (C)(3) of this section. Areas of the garage below the BFE must be constructed with flood resistant materials. See subsection (B) of this section,
ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached Garages and Accessory Structures,
i. Accessory structures used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Chapter

14.04 (Definitions), may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a.
b.
c.

3. a.

IV.
b.

4. 5.

Use of the accessory structure must be limited to parking or limited storage;
The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
The accessory structure must comply with floodplain encroachment provisions in EMC 14.05.060; and
The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with subsection (C)(3) of this section.

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section.
(A)
(B)
(C)
(D)
(E)
(F)
Standards for utilities.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

Infiltration of flood waters into the systems; and
Discharge from the systems into flood waters.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

14.10.020
A.

1. 2.

14.10.030 Standards for subdivisions and other proposed development.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall:

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMRF) to the floodplain administrator:

Lowest floor elevation.

Pad elevation.

Lowest adjacent grade.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

1. 2.

3. a.
b.
c.

C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

Standards for manufactured homes.

All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision: (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood, shall:

Within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the provisions of subsection (A) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

Lowest floor of the manufactured home is at or above the base flood elevation: or Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

14.10.040
A.

1. B.

1. 2.

Standards for recreational vehicles.

All recreational vehicles placed in Zones A1-30, AH, and AE will either:

Be on the site for fewer than 180 consecutive days; or
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or Meet the permit requirements of Section 14.08.030 (Development permit) and the elevation and anchoring requirements for manufactured homes in subsection (A) of Section 14.10.040 (Standards for manufactured homes).

14.10.050
A.

Floodways.

Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

14.10.060
Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Etna.

Within an adopted regulatory floodway, the City of Etna shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If subsections (A) and (B) of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.

CHAPTER 14.12

FLOOD VARIANCE PROCEDURE
Sections

14.12.010

14.12.020

14.12.030

14.12.040
Nature of variances.

Conditions for variances.

Appeal board.

Nature of variances.

14.12.010 Nature of variances.

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the title are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this title would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this title are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

14.12.020 Conditions for variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Chapter 14.08 (Administration) and Chapter

14.10 (Provisions for Flood Hazard Reduction) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of “historic structures,” as defined in Chapter 14.04 (Definitions), upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this title. For example, in A.

D.
the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Siskiyou County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

1. 2.

14.12.030 Appeal board.

In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title, and the:

Danger that materials may be swept onto other lands to the injury of others; Danger of life and property due to flooding or erosion damage; Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; Importance of the services provided by the proposed facility to the community:

Necessity to the facility of a waterfront location, where applicable; Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
Compatibility of the proposed use with existing and anticipated development; Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
Safety of access to the property in time of flood for ordinary and emergency vehicles; Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

Variances shall only be issued upon a:

Showing of good and sufficient cause;
Determination that failure to grant the variance would result in exceptional hardship to the applicant: and
A.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. B.

1. 2.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance”), cause fraud and victimization of the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

Upon consideration of the factors of subsection (A) of Section 14.12.020 (Conditions for variances) and the purposes of this title, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title.

3. C.

ORDINANCE 229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ETNA AMENDING TITLE 14, FLOOD DAMAGE PREVENTION, OF THE ETNA MUNICIPAL CODE WHEREAS, the National Flood Insurance Program (NFIP) is a federal program managed by the Federal Emergency Management Agency (FEMA) that aims to reduce the financial impact of floods on individuals and communities in the United States; and WHEREAS, to participate in the NFIP, communities must adopt and enforce floodplain development regulations that meet the NFIP’s minimum requirements for reducing flood effects:
and
WHEREAS, the City of Etna participates in the NFIP; and WHEREAS, the City of Etna’s floodplain development regulations for reducing flood effects are found in Title 14 (Flood Damage Prevention) of the Etna Municipal Code; and WHEREAS, due to a forthcoming update to the Preliminary Flood Insurance Study report and Flood Insurance Rate Map for the City of Etna, the City must amend Title 14 as recommended by FEMA to remain in good standing with the NFIP.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Etna does ordain as follows:

SECTION I: Findings. The recitals above are true and correct and incorporated herein by this reference.

SECTION II: Amendment to Title 14, Flood Damage Prevention. The amendments to Title 14, Flood Damage Prevention, of the City of Etna Municipal Code contained in “Exhibit A” hereto and made a part hereof are adopted.

SECTION 111: CEQA. Because it could be seen with certainty that the amendments to Title 14, Flood Damage Prevention, as provided for in “Exhibit A,” do not have the potential to result in a significant impact on the environment, the City Council adopted exemptions for the project pursuant to CEQA Guidelines Section 15061(b)(3) (i.e., the commonsense exemption) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) at the Council’s regularly scheduled meeting on September 22, 2025.

SECTION V: Effective date. This ordinance shall become effective thirty (30) days after its passage.

SECTION VI: Implementation. The City Council hereby authorizes and directs the City Clerk to take any action and sign any documents necessary to implement this ordinance.

Section IX. Codification. The City Clerk is directed and authorized to instruct the publisher of the City of Etna Municipal Code that codification of this ordinance is limited to “Exhibit A.” Section X. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.

PASSED AND ADOPTED this 2025, at a regular meeting of the City of Etna City Council by the following vote;
day of
AYES:

NOES:

ABSENT:

ABSTAIN:

Cliff Munson, Mayor
ATTEST:

Pamela Eastlick, City Clerk
City of Etna
Agenda Request

11.3.25 Date of Meeting:

Spokesperson(s]:

Is this for Discussion
Council
S or are
& Staff
you

requesting an Action B
Subject/Request: Reading Ordinance 230
Please provide a description of the request and attach supporting documentation:

First reading of draft Ordinance 230 Amending Title 17, Zoning of the Etna Municipal Code.

Will there be a financial impact to the City? □ Yes □ No IfYes, $.

Please describe:

NOTE: Agenda requests must be received no less than four working days before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street ♦ P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217
ORDINANCE 230

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ETNA AMENDING TITLE 17, ZONING, OF THE ETNA MUNICIPAL CODE
WHEREAS, the City of Etna General Plan and Zoning Ordinance are key elements in the City’s suite of regulations to promote coordinated and efficient development: and WHEREAS, pursuant to Government Code Section 65860, a city’s zoning ordinance must be consistent with its general plan; and
WHEREAS, on March 25, 2024, the City Council of the City of Etna adopted Resolution 2024-002, thereby updating the General Plan Housing Element for the 6‘^ Cycle planning period; and
WHEREAS, on December 2, 2024, the City Council adopted Resolution 2024-019, thereby updating the General Plan Noise Element, Circulation Element, and Open Space & Conservation Element: and
WHEREAS, on November 3, 2025, the City Council adopted Resolution 2025-010 thereby updating the General Plan Introduction, Land Use Element, and Safety Element; and WHEREAS, the City Council of the City of Etna desires to update Title 17, Zoning, of the Etna Municipal Code and the Zoning Map consistent with the City’s General Plan update.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Etna does ordain as follows:

SECTION I: FINDINGS. The recitals above are true and correct and incorporated herein by this reference.

SECTION II: AMENDMENT TO TITLE 17, ZONING. Chapters 17.04 through 17.52 of Title 17, Zoning, of the City of Etna Municipal Code are deleted entirely and replaced with the text provided in “Exhibit A” hereto.

SECTION III: AMENDMENT TO ZONING MAP. The “City of Etna California Zoning Map,” dated November 3, 2003, is deleted and replaced with the “City of Etna Zoning Map” in “Exhibit B” hereto.

SECTION IV: CEQA. Because it could be seen with certainty that the amendments to Title 17, Zoning, as provided for in “Exhibit A,” and the Zoning Map, as provided for in “Exhibit B,” do not have the potential to result in a significant impact on the environment, the City Council adopted an exemption for the project pursuant to CEQA Guidelines Section 15061(b)(3) (i.e., the commonsense exemption) at a special meeting of the City Council on November 3, 2025.

SECTION V: SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

SECTION VI: EFFECTIVE DATE. This ordinance shall become effective thirty (30) days after its passage.

SECTION VII: IMPLEMENTATION. The City Council hereby authorizes and directs the City Clerk to take any action and sign any documents necessary to implement this ordinance.

SECTION VIII. CERTIFICATION. The City Clerk shall certify to passage and adoption of this ordinance and shall give notice of its adoption as required by law. This ordinance, or a summary thereof, shall be published and/or posted in compliance with the requirements of Government Code section 36933.

SECTION IX. INCONSISTENCIES. Any provisions of the Etna Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION X. CODIFICATION. The City Clerk is directed and authorized to instruct the publisher of the City of Etna Municipal Code that codification of this ordinance is limited to “Exhibit A.” SECTION XI. EXECUTION. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.

PASSED AND ADOPTED this 2025, at a regular meeting of the City of Etna City Council by the following vote:
day of
AYES:

NOES:

ABSENT:

ABSTAIN:

Cliff Munson, Mayor
ATTEST:

Pamela Eastlick, City Clerk
City of Etna
Agenda Request
11/03/2025 Date of Meeting;
Spokesperson[s]:

Is this for Discussion □ or are you requesting an Action S . Clint Whitchurch
Discuss fire chief position Subject/Request:

Please provide a description of the request and attach supporting documentation:

Discuss the recommendation that was sent to the mayor and fire commissioner for fire chief position.

Will there be a financial impact to the City? □ Yes □ No IfYes, $, Please describe:

11.3.25 Date of Meeting:

Spokesperson(s):

Is this for Discussion
Council
S or are
& Staff
you

requesting an Action B
Fire Chief Resignation Subject/Request:

Please provide a description of the request and attach supporting documentation:

Discuss/Approve Fire Chief Clint Whitchurch's resignation.

Will there be a financial impact to the City? □ Yes □ No IfYes, $, Please describe:

NOTE: Agenda requests must be received no less than four v^orkina days before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street ♦ P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217
City of Etna
Agenda Request

11.3.25 Date of Meeting:

Spokesperson[s):

Is this for Discussion
Council
H or are
& Staff
you

requesting an Action B
Subject/Request' 2025/2026 cops Growth Allocation Budget Amendment Please provide a description of the request and attach supporting documentation:

Discuss/Approve budget amendment accepting 2025/2026 COPS growth allocation.

Will there be a financial impact to the City? □ Yes □ No IfYes, $.

Please describe:

Spokesperson(s):

Is this for Discussion D or are you requesting an Action H . Teresa Arrwood
Subject/Request: Ambulance replacement
Please provide a description of the request and attach supporting documentation:

M56, a 2006 2wd with drop chains has been placed out of service indefinitely. Yreka Motors found oil in the turbo and lines and it is leaking oil from the back head gasket which would require taking the cab off and possible engine replacement. Minimum $10,000.1 instructed the mechanic to not fix anything and it is parked back at our station. Apparently, although I have not seen any record of it, the engine has already been worked on prior to my working at the city. It only has 144,000 miles on it. I recommend that it be sold or used as a trade in.

We are currently researching new, leased, used and possibly donation ambulances. While I do not feel that we must have 3 ambulances for routine operations, our in-service ambulances are a 2003 and 2011. The 2003 is 2wd and has 170,000 on it. The 2011 is 4wd and has 100,000 miles on it. If we can obtain another unit, we can place the 2003 as the spare/BLS unit and be ahead of the game while also having a 4wd available for any assignment requests. □
Will there be a financial impact to the City? S Yes □ No IfYes, $.

Please describe:

Either a monthly payment or capital outlay for an ambulance.

11.3.25 Date of Meeting:

Spokesperson[s]:

Is this for Discussion
Council
S or are
& Staff
you

requesting an Action H
Subject/Request' Strike Team Assignments & Pay
Please provide a description of the request and attach supporting documentation:

Discuss update on strike team assignment pay received.

Will there be a financial impact to the City? □ Yes □ No IfYes, $.

Please describe:

NOTE: Agenda requests must be received no less than four working davs before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street ♦ P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217
CITY COUNCIL MEETING 10/27/2025 AMBULANCE DIRECTORS MONTHLY UPDATE moved toll/03/2025
September Numbers
Total: 48 Etna 16 ALS 16 quarter 2025-2026
FJ 6
SV 24
Mil 1
BLS 7
Total:

Total Billable: 73
Missed calls: 15
Billable: 25 CXL 16 128
AMA billable:

AMA non billable :

BLSD
MSAS rendezvous
Missed
2 1
Days w/o calls: 0
2 Etna: 34
FJ: 20
SV; 70
Mil Rend Reg: 4
5 6
September Total: 39 Billable: 20 Days without calls: 7
2024
Key;
ALS: Advanced Life Support (paramedic level)
BLS: Basic Life Support (EMT level)
BLSD: Deceased on scene, no transport
AMA: Against Medical Advice (No transport)
CXL: Cancelled
MSAS: Mount Shasta Ambulance Service (we req them for a paramedic if needed) Mil: Salmon River Fire/Rescue (they req us for transport) Etna: City limits of Etna
FJ: Fort Jones Town Limits
SV: Scott Valley outside of city/town limits
Ambulances/QRV:

M54:4x4
M55:2x4
In Service/ALS
In Service/ALS
M56: 2x4 with drop chains Out of service, See Agenda Request.

Expedition: In service. AC is intermittent. Listed on the CalFire strike team agreement for hire.

MISC
*lnsurance reimbursements secondary to the shutdown (see 2"*^ page) *Currently researching new, leased, used and donation ambulances. *Continue assisting the fire and police departments as needed/requested.
* We provided CPR certification courses for graduating seniors at EHS. Will be working with the Health Ed teacher to partner with us for a EHS First Responder Team on campus as a senior project. *Approved by our regional EMS authority to hold an In-House EMT program. It starts January 12, 2026. Tuition is $1000 per student.
*Approved for a $3,000 training grant to assist with the in-house EMT program. *Working with the team from the UCLA CPC at the state level to promote accessibility and funding for underserved areas, such as our rural area. This is a proactive approach to possible more Medicare and Medi-caid reimbursement cuts to ensure we can continue to provide quality prehospital care in Scott Valley. I will have meetings with the Director of the CA EMSA in November. I am hoping to secure funds from the Rural Transformation Fund for rural EMS agencies. **** will be on vacation in November from the 13'^ to the 23^'*.**** 10/21/2025 Email
CMS just announced that it has directed its MACs to lift the hold on Medicare ambulance claims. This means that claims with dates of service on or after 10/1/25 should be processed and paid (where covered) by Medicare.

However, PWW is receiving multiple reports of claims being paid WITH the temporary add-on bonuses (2% urban, 3% rural and 22.6% super rural). Because the extenders expired on September 30th, CMS has no statutory authority to pay ambulance claims with the bonus amounts.

This will not be a problem so long as Congress reinstates the bonuses within 60 days of when the claims are paid. If they do not extend the add-on payments, then claims paid with those bonus amounts technically constitute overpayments under the law (barring any future legislative change to that rule). If these payments are deemed to be overpayments, ambulance services WOULD have refund obligations for those bonus amounts absent a Congressional extension of the bonus payments.

Until these issues come into sharper focus, we continue to recommend that ambulance services HOLD their Medicare claims until Congress acts on the ambulance extenders. If your cash flow or cash reserves (or tax support or subsidy) allow your organization to weather this period without your Medicare cash flow, holding claims would avoid both potential overpayment refunds or claims reprocessing issues. (Our billing company is holding Medicare claims in agreement with PWW's recommendations.) Etna Fire Department Monthly Council Meeting Update 10/27/2025 September 2025 Data September 2024 Data
29 18 total
Structure Fires
Other Fires
MVC
Medical
Lift Assist
Other AssistHazard
Missed-Intovvn
Missed Mutual Aid
total
Structure Fires
Other Fires
MVC
Medical
Lift Assist
Other Assist
Missed-ln town
Missed Mutual Aid
0 0
3 2
2 5
18 7
14 5
2 0
0 0
0 3
22 9
Etna calls
Out of town Calls
Etna calls
Out of town Calls 7 9
Key: MVC- Motor Vehicle Collision
Other Assist/Hazards: Consists of smoke detector check, smoke check, carbon monoxide detector, flooding in a residence, etc.

BUILDING
Ongoing cleaning, repairs and updates.

EaUlPM.ENT
1410: First out engine in town. Stocked and ready to respond 1411: CalFire crew was able to adjust the fuel pump. It will return to service 1412: Stocked and ready to respond.
1413: MVC’s, wildland, medicals. Stocked and readyto respond. 1414: Stocked and readyto respond.
1430: Water tender. Available for response.

GRANTS
-AFG The grant that was submitted by Chief Hess last year, combining our FD, FJ and SV, has been approved for a total of 366k for equipment including structure hose and nozzles, thermal imaging cameras and gas monitors.
-SAFER (Staffing for Adequate Fire and Emergency Response) Website shut down due to government shut down.

Etna City CouncilNovember 3, 2025

Etna City Council
November 3, 2025