Exhibit p
Title 17 - Zoning
Table of Contents
Table of Contents
List of Tables .. vili
List of Figures ...ix
ARTICLE I. ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS.......1 CHAPTER 17.04 ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS......1
17.04.010 Title ...1
17.04.020 General purpose..... ....1
17.04.030 Applicability... ...1
Chapter 17.06 ZONING CODE ADMINISTRATION.. 3
17.06.010 Purpose. .....З
17.06.020 Composition of the city planning agency.. ....3
17.06.030 Responsibilities of the city council.. ...3
17.06.040 Responsibilities of the planning commission.. ...4
17.06.050 Responsibilities of the city manager.. ....4
17.06.060 Responsibilities of the city planner.. ...4
CHAPTER 17.08 APPLICATION PROCESSING PROCEDURES ..5
17.08.010 Application submittal....
17.08.020 Determination of completion..
17.08.030 Application review and report...
17.08.040 Public notices... ..7
17.08.050 Decision-Making authority... ..8
17.08.060 Appeals
17.08.070 Effective date. 10
17.08.080 Permit to run with land ...11
17.08.090 Permit time limits and extensions... ...11
17.08.100 Modification.. ...11
17.08.110 Revocation of previously approved entitlement. ...12 Chapter 17.10 PERMITS AND ENTITLEMENTS ....13
17.10.010 Purpose.. .... 13
17.10.020 Plan check. ....13
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17.10.030 Site plan review. ... 13
17.10.040 Streamlined Ministerial Permit.... ... 16
17.10.050 Architectural design review for historic overlay district.. ... 19
17.10.060 Conditional use permit....
17.10.070 Variance.... 23
17.10.080 Reasonable accommodation(s)... .25
17.10.090 Sign permit. ..27
17.10.100 Creative sign program.. 28
17.10.110 Uniform sign program. .. 31
17.10.120 Temporary use permit..... ..32
17.10.130 Development agreements.. .32
17.10.140 Planned development. ....34
17.10.150 Specific plans.. ....37
17.10.160 Prezoning. ...39
17.10.170 Zoning code amendment.... .39
17.10.180 General plan amendment.... ....40
Chapter 17.12 INTERPRETATION. ... 41
17.12.010 Purpose. ...41
17.12.020 Applicability and authority for interpretations.. 41
17.12.030 Rules of interpretation... 42
17.12.040 Record of interpretation.. .. 42
17.12.050 Appeals. .. 43
Chapter 17.14 ENFORCEMENT... .. 43
17.14.010 Purpose and intent. ...43
17.14.020 Enforcement authority.. .. 43
17.14.030 Violation-Deemed nuisance. 43
Chapter 17.16 NONCONFORMING USES, BUILDINGS, STRUCTURES, AND LAND[2]. 43
17.16.010 Purpose. 43
17.16.020 Regulations to apply. 44
17.16.030 Building or structure. 44
17.16.040 Uses. 44
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17.16.050 Loss of nonconforming use status... 44
17.16.060 Reserved. 45
17.16.070 Reserved. 45
17.16.080 Reserved 45
17.16.090 Nonconforming parcels of land 45
17.16.100 Signs, billboards, etc... 45
17.16.110 Nonconformance due to change of regulations. .45
17.16.120 Public utilities.. ... 46
17.16.130 Building under construction 46
17.16.140 Reconstruction of damaged and nonconforming buildings ...... 46 ...
17.16.150 Re-establishment of nonconforming structures voluntarily removed 46
17.16.160 Nonconforming due to lack of use permit. .47
ARTICLE II. ZONING DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS.… ....48 Chapter 17.20 ESTABLISHMENT OF ZONING DISTRICTS AND LAND USE CLASSIFICATION SYSTEM ...48
17.20.010 Chapter purpose.. 48
17.20.020 Zoning districts.. 48
17.20.030 Conformance with zoning district regulations. .50
17.20.040 Zoning map. .50
17.20.050 Classification of land uses.... ..51
17.20.060 Allowed land uses and permit requirements.. ..52
17.20.070 Similar use determination.... .53
Chapter 17.22 AGRICULTURAL AND RESIDENTIAL DISTRICTS. ..53
17.22.010 Chapter purpose.......... ...53
17.22.020 Characteristics of agricultural and residential zoning districts. ..54
17.22.030 Allowed land uses and permit requirements. .56
17.22.040 Development standards...... .. 61
Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS. .65
17.24.010 Chapter purpose..... .65
17.24.020 Characteristics of commercial and industrial districts... .65
17.24.030 Allowed land uses and permit requirements ..68 ill
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17.24.040 Development standards...... ..75
Chapter 17.25 PUBLIC/QUASI PUBLIC DISTRICTS. .76
17.25.010 Chapter purpose...... ...76
17.25.020 Characteristics of public/quasi public districts. .76
17.25.030 Allowed land uses and permit requirements. ..77
17.25.040 Development standards...... .79
Chapter 17.26 SPECIAL PURPOSE DISTRICTS... .80
17.26.010 Chapter purpose....... .80
17.26.020 Specific plan zoning districts. ...80
17.26.030 Planned development zoning districts...... ......81 Chapter 17.28 OVERLAY DISTRICTS ... ...82
17.28.010 Chapter purpose... ..82
17.28.020 Historic overlay (H) district.. ...83
17.28.030 Downtown residential overlay district.. 84
ARTICLE III. SITE PLANNING STANDARDS ....87
Chapter 17.30 BUILDING HEIGHT MEASUREMENT AND PROJECTIONS ...87
17.30.010 Purpose.... ..87
17.30.020 Definitions.. ..87
17.30.030 Height regulations.... ...87
17.30.040 Height measurement. ...87
17.30.050 Height exceptions.... ...88
Chapter 17.32 YARD MEASUREMENT AND PROJECTIONS.. .88
17.32.010 Purpose. .88
17.32.020 Definitions. .89
17.32.030 Yard and setback regulations. ..89
17.32.040 Allowed encroachments/projections into required yards. ..90 Chapter 17.34 PROPERTY AND UTILITY IMPROVEMENT ..91
17.34.010 Purpose... ..91
17.34.020 Curbs, gutters, and sidewalks ..91
17.34.030 Underground utilities... .92
Chapter 17.36 FENCES AND WALLS 92
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17.36.010 Purpose... .92
17.36.020 Permit requirements and exceptions. .93
17.36.030 Location and height restrictions .93
17.36.040 Fence and wall design standards
17.36.050 Special fence and wall requirements .95
Chapter 17.38 ACCESSORY STRUCTURES ...97
17.38.010 Purpose. .97
17.38.020 Definitions.. ....97
17.38.030 Permit requirements and exceptions. ...97
17.38.040 Development standards... ...98
Chapter 17.40 PARKING.. ...99
17.40.010 Purpose. ...99
17.40.020 Applicability. .99
17.40.030 Permit requirements. . 100
17.40.040 General parking requirements... ...101
17.40.050 Number of parking spaces required ...101
17.40.060 Parking requirements for the disabled .103
17.40.070 Compact car requirements. 103
17.40.080 Parking and driveway design and development standards.... . 104 Chapter 17.42 SIGNS ON PRIVATE PROPERTY ... 105
17.42.010 Purpose. .. 105
17.42.020 Policies for sign regulations.. .. 106
17.42.030 Definitions. . 107
17.42.040 Permits and review procedures.. 107
17.42.050 Exempt signs.. 109
17.42.060 Prohibited signs. ..112
17.42.070 General development, maintenance, and removal provisions. .113
17.42.080 Design standards.. ..117
17.42.090 Allowed permanent on-site sign standards. . 122|
17.42.100 Allowed temporary on-site sign standards. .124
17.42.110 Allowed off-site signage..... ...125
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17.42.120 Nonconforming signs and abandoned signs... ...127 Chapter 17.44 SIGNS ON CITY PROPERTY ..128
17.44.010 Purpose and proprietary capacity. .. 128
17.44.020 Intent as to public forum.... .. 128
17.44.030 Definitions..... ..128
17.44.040 General prohibition...... ...128
17.44.050 Certain governmental signs. ...128
17.44.060 • Temporary signs displaying non-commercial message ...129
17.44.070 Street banner program.. 129
17.44.080 Special event signage...... ....130
17.44.090 Long term leased signage... ....131
ARTICLE IV. STANDARDS FOR SPECIFIC RESIDENTIAL USES .... 132 Chapter 17.110 HOME OCCUPATIONS.... ... 132
17.110.010 Purpose. ... 132
17.110.020 Definitions.. ... 132
17.110.040 Business license ...132
17.110.050 Plan check required .. 132
17.110.060 Limitations of use.. 132
17.110.070 Performance standards.... ..134
17.110.080 Conditions. ..135
17.110.090 Home owners association. .135
Chapter 17.112 ACCESSORY DWELLING UNITS.. 136
17.112.010 Purpose... .136
17.112.020 Applicability. 136
17.112.030 Development Standards.. . 136
17.112.050 Review Process for ADUs and JADUs Not Complying with Section 17.112.030... 143 Chapter 17.114 MULTIFAMILY STANDARDS ...143
17.114.010 Applicability. ...143
17.114.020 Purpose ....143
17.114.030 Standards ....143
Chapter 17.116 - Provisions for Specified Housing Types.. ...150 vi
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17.116.010 Manufactured housing... .150
17.116.020 Employee Housing (Six or fewer employees).. . 150
17.116.030 Agricultural Employee Housing .. 150
17.116.040 - Emergency Shelters.... ...151
17.116.050 - Supportive Housing..... . 152
17.116.060 - Low Barrier Navigation Centers... ... 152
Chapter 17.118 Duplex Units in Single Family Zones ...153
17.118.010 Purpose .. 153
17.118.020 Streamlined Ministerial Permit . 153
17.118.020 Development Standards... ......153
17.118.020 Denial ....154
Chapter 17.110 STATE DENSITY BONUS AND OTHER INCENTIVES ...154
17.120.010 Purpose. ...154
17.120.020 - Density Bonus and Incentives. .. 155
17.120.080 Process for approval or denial. ..155
Chapter 17.122 Day Care Homes... .. 155
Section 17.122.010 Family Day Care Homes .. 155
Article V - Standards for Non-Residential Uses... .. 157 Chapter 17.210 WIRELESS COMMUNICATION FACILITIES... . 157
17.210.010 Purpose and applicability... . 157
17.210.020 Definitions.. . 157
17.210.030 Permit requirements. .. 157
17.210.040 Application requirements... . 157
17.210.050 Exemptions... . 158
17.210.060 Development standards... 159
17.210.070 Operation and maintenance standards. 162
17.210.080 Removal provisions. . 162
Chapter 17.220 TEMPORARY USES .. 162
17.220.010 Purpose. .. 162
17.220.020 Permit required..... ..163
17.220.030 Temporary use regulations. .163
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17.220.040 Similar uses. ...164
Chapter 17.230 Medical Marijuana.. ... 165
17.230.010 Medical marijuana. ... 165
ARTICLE VI GLOSSARY ... 170
Chapter 17.300 GLOSSARY OF TERMS.... .. 170
17.300.010 Purpose. ..170
17.300.020 General definitions.... ...171
Chapter 17.310 ALLOWED USE DEFINITIONS ...199
17.310.010 Purpose. ... 199
17.310.020 Allowed use definitions.... ...... 199
List of Tables
Table 17.08.050-1 Decision-Making Authority 8
Table 17.08.060-1: Appeal Authority.... 10
Table 17.20.020-1: Zoning Districts... 49
Table 17.22.030-1: Allowed Uses and Permit Requirements for Agricultural and Residential Zoning Districts 56
Table 17.22.040-1: Development Standards for Agricultural and Residential Zoning Districts .62 Table 17.24.030-1: Allowed Uses and Permit Requirements for Commercial and Industrial Zoning Districts 68
Table 17.24.040-1: Development Standards for Commercial and Industrial Zoning Districts ....75 Table 17.25.030-1: Allowed Uses and Requirements for Public/Quasi Public Zoning Districts ....77 Table 17.25.040-1: Development Standards for Public/Quasi Public Zoning Districts ...79 Table 17.28.030-1: Development Standards for the Downtown Residential Overlay (DR) Zoning District 85
Table 17.36.030-1: Maximum Height of Fences and Walls in Required Yard Area .93 Table 17.38.040-1 Development Standards for Accessory Structures ..98 Table 17.40.050-1: Parking Requirements by Land Use. 102 Table 17.42.090-1: Allowed Permanent On-Site Sign Standards .. 123 Table 17.42.100-1: Temporary Sign Standards .. 125
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List of Figures
Figure 17.30.040-1: Measurement of Height. 88
Figure 17.32.040-1: Single-Family Encroachment . 91
Figure 17.36.030-1 Front and Side Street Setback Areas. ..94 Figure 17.36.030-2: Measurement of fence height on parcels with different elevations. .95 Figure 17.42.070-1: Sign Area..... . 114
Figure 17.42.070-2: Awning or Canopy Sign Area. ..115
Figure 17.42.070-3: Freestanding Sign Area.. 116
Figure 17.42.070-4: Area of three-dimensional objects... 116 Figure 17.42.080-1: Awning and Canopy Sign ...119
Figure 17.42.080-2: Text Scale... .. 120
Figure 17.42.080-3: Multiple Element Signs... ...121
Figure 17.300.020-1: A-frame Sign... ..173
Figure 17.300.020-2: Bracket Sign. ..175
Figure 17.300.020-3: Blade Sign . 175
Figure 17.300.020-4: Building Frontage and Primary Building Frontage.. 176 Figure 17.300.020-5: Can Sign 177
Figure 17.300.020-6: Changeable Copy Sign... . 178
Figure 17.300.020-7: Channel Letter Sign. 178
Figure 17.300.020-8: Clear Visibility Triangle.. 180
Figure 17.300.020-9: Electronic Message Sign. 182
Figure 17.300.020-10: Corner lot... . 184
Figure 17.300.020-11: Double frontage lot.. . 185
Figure 17.300.020-12: Flag lot.... . 185
Figure 17.300.020-13: Interior Lot... . 186
Figure 17.300.020-14 Lot Lines (lots along cul-de-sacs, elbows, or other roadways). 187 Figure 17.300.020-15 Lot Lines-Irregular Lots . 187
Figure 17.300.020-16: Monument Sign.. 189
Figure 17.300.020-17: Pole Sign.. .191
Figure 17.300.020-18: Push Pin Letter Sign.. .. 192
Figure 17.300.020-19: Pylon Sign. .. 192
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Figure 17.300.020-20: Reverse Channel Letter Sign.. ..193 Figure 17.300.020-21: Yard area.. …....198
Title 17 - Zoning
ARTICLE I. ZONING CODE ESTABLISHMENT, ADMINISTRATION,
AND ENTITLEMENTS
CHAPTER 17.04 ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND
ENTITLEMENTS
17.04.010 Title.
This title shall be known as the "Zoning Code of the City of lone." (Ord. No. 423, § 2, 4-21-2009)
17.04.020 General purpose.
The zoning code carries out the policies of the lone general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan and the Municipal Code.
This zoning code is adopted and established to serve the public health, safety, comfort, convenience, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide, and provide a definite plan for the future growth and development of the city. More specifically, the purposes of this zoning code are to:
A. Provide standards and guidelines for the orderly growth and development of the city that will assist in protecting the characteristics and community identity of lone; B. Create a comprehensive and stable pattern of land uses up on which to plan transportation, water supply, sewer service, and other public facilities and utilities; C. Conserve and protect the city's natural features such as creeks, oak trees, and historic and environmental resources;
D. Minimize automobile congestion by promoting safe and effective traffic circulation and adequate off-street parking facilities; and
E. Ensure compatibility between residential and non-residential development and land uses. (Ord. No. 423, § 2, 4-21-2009)
17.04.030 Applicability.
A. Relationship to prior ordinance. The provisions of this title, as it existed prior to the effective date of the ordinance enacting this title, Ordinance No. 423, are repealed and superseded as provided in Ordinance No. 423. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to its repeal by Ordinance No. 423.
B. Prior rights and violations. The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.
Title 17 - Zoning
C. New land uses or structures. It shall be unlawful, and a violation of the Municipal Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title.
D. Continuation of an existing land use or structure. It is unlawful and a violation of the Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was lawfully established before this title was enacted, or before enactment of any applicable amendment to this title, may continue as provided in Chapter 17.16 (Nonconforming uses). No expansion or modification to a pre- existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 17.16 (Nonconforming uses).
E. Subdivisions. Any subdivision of land proposed within the city after the effective date of this zoning code shall be consistent with the minimum lot size requirements of Article I, zoning districts, allowable uses, and development standards, the subdivision requirements of the city subdivision code (Title 16), and all other applicable requirements of this zoning code.
F. Effect of zoning code changes on pending applications. Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending entitlement applications, unless prohibited by state law. Entitlement applications are no longer deemed pending once the appeal period has expired or the appeal process fully exercised.
G. Conflicting requirements.
1. Zoning code and Municipal Code provisions. If conflicts occur between requirements of this zoning code, or between this zoning code, the Municipal Code, or other plans and policies adopted by the city, the zoning code shall govern.
2. Development agreements. If conflicts occur between the requirements of this zoning code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.
3. Private agreements. This zoning code applies to all land uses and development but may not affect private agreements or restrictions in the use of land or development of structures. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
H. Other requirements/permits. Nothing in this zoning code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
1. Public nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in this Municipal Code.
J. Severability, partial invalidation of zoning code. If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, 2 Title 17 - Zoning
paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.06 ZONING CODE ADMINISTRATION
Sections:
17.06.010 Purpose.
The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration.
Ord. No. 423. 8 2. 4-21-2009
17.06.020 Composition of the city planning agency.
California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this title, may be performed by any one of the following groups or individuals, as further defined in this chapter and title:
A. City council.
B. Planning commission.
C. City manager.
D. City planner.
Agencies responsible for enforcing and implementing this title shall have such duties as assigned by this title. Where this title fails to assign any land use and planning functions, the city council shall have the planning agency responsibility and activity.
(Ord. No. 423, § 2, 4-21-2009)
17.06.030 Responsibilities of the city council.
The city council shall have the following land use responsibilities:
A. Appoint members of the planning commission.
B. Hear and decide appeals of the decisions of the planning commission.
C. Hear and decide applications for amendments to the general plan, amendments to the zoning code text and map, and applications for specific plans, planned developments, and development agreements and amendments thereto. In the event that applications for other land use permits are requested in conjunction with these entitlements, the city council shall also be the final decision-making body for such land use permits. 3 Title 17 - Zoning
D. Direct planning-related policy amendments and special studies as necessary or desired.
E. Exercise such other powers and duties as are prescribed by state law or local ordinance. (Ord. No. 423, § 2, 4-21-2009)
17.06.040 Responsibilities of the planning commission.
The planning commission shall have the following land use responsibilities:
A. Hear and decide appeals of the decisions of the city planner.
B. Hear and decide applications for conditional use permits, variances, historic architectural review, site plan review, boundary line adjustments, tentative subdivision maps, and tentative parcel maps.
C. Hear and make recommendations to the city council on applications or proposals for amendments to this title.
D. Initiate studies of amendments to this title and make recommendations to the city council for amendments to this title.
Hear and make recommendations to the city council on applications for zoning amendments, general plan and amendments thereto, specific plans, planned developments, prezoning, and other related planning studies.
F. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.
(Ord. No. 423, 82, 4-21-2009)
17.06.050 Responsibilities of the city manager.
The city manager shall have the following land use responsibilities:
A. Oversee the work of the city planner.
B. Negotiate and conduct periodic review of development agreements. (Ord. No. 423, § 2, 4-21-2009)
17.06.060 Responsibilities of the city planner.
The city planner shall have the following land use responsibilities:
A. Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations.
B. Advise the city council, city manager, and planning commission on planning matters.
C. Review and decide matters related to ministerial actions as shown in Table 17.08-050-1.
D. Staff meetings for the planning commission.
4 Title 17 - Zoning
E. Direct planning-related policy amendments and special studies as necessary or desired.
F. Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of ministerial permits and approvals, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi- judicial and legislative actions by designated planning agencies. For a comprehensive list of permits, see Chapter 17.10, Entitlements.
G. Provide information to the public and facilitate public participation on planning matters.
H. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city manager.
(Ord. No. 423, § 2, 4-21-2009)
CHAPTER 17.08 APPLICATION PROCESSING PROCEDURES
17.08.010 Application submittal.
All applications for land use and development permits and actions pertaining to this title shall be submitted to the city planning department on a city application form, together with all fees, plans, maps, and any other information required by the city planning department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by city council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the city planner to provide the decision-making authority with adequate information on which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit.
(Ord. No. 423, § 2, 4-21-2009)
17.08.020 Determination of completion.
A. Application completeness. Within 30 days of application submittal to the city planning department, the city planner shall determine whether or not the application is complete.
The city planner shall notify the applicant of the determination either that:
1. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
B. Notwithstanding paragraph A, in order to expedite the determination of completeness for ministerial permits and actions issued by the city planner, zoning code interpretation and plan check applications shall be deemed complete within ten working days unless the 5 Title 17 - Zoning
applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.
C. Application completeness without notification. If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.
D. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the city planner shall determine the completeness of the application. Application completeness shall be determined and noticed as specific in Subsection A. (Application completeness).
E. Incomplete application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city planner, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this article.
Right to appeal. The applicant may appeal the determination in accordance with Section
17.08.060 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).
(Ord. No. 423, § 2, 4-21-2009)
17.08.030 Application review and report.
After acceptance of a complete application, the city planner will review the project for consistency with the Zoning Code, General Plan, and all applicable planning requirements and will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. If the project is requesting a discretionary permit, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The city planner will prepare a report (the staff report) to the decision-making authority (planning commission and/or city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant and property owner at the same time as it is provided to the decision- making authority prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is due. (Ord. No. 423, § 2, 4-21-2009)
6 Title 17 - Zoning
17.08.040 Public notices.
A. Public hearing required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits (e.g., variance, conditional use permit, site plan review) and legislative actions of the city (e.g., specific plans, planned developments, zoning amendments, and general plan amendments). The hearing(s) shall be held before the decision-making authority as identified in this title.
B. Notice of hearing. Pursuant to California Government Code Section 65091, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing
1. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected.
5. Notice of the public hearing shall be posted at city hall and in at least two other public places within the boundaries of the city, including one place in the area directly affected by the proceeding.
C. Requests for notification. Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. Failure to receive notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a decision-making authority for which the notice was given. 7 Title 17 - Zoning
E. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The decision-making authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed (Ord. No. 423, § 2, 4-21-2009)
17.08.050 Decision-Making authority.
The decision-making authority as designated in Table 17.08.050-1 (Decision-making authority) shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. When a proposed project requires more than one permit with more than one decision-making authority, all project permits shall be processed concurrently and final action shall be taken by the highest level decision-making authority for all such requested permits. In acting on a permit, the decision-making authority shall make the applicable findings as established in Chapter 17.10, permit requirements, and as may be required by other laws and regulations. An action of the decision-making authority may be appealed pursuant to procedures set forth in Section 17.08.060, appeals.
Table 17.08.050-1 Decision-Making Authority
Decision-Making Authority
"R" symbolizes the "Recommending Body"
Applicable "F" symbolizes the "Final Decision-
Type of Permit or Decision Making Body"
Chapter
City Planning City
Planner Commission Council
Zoning Code 17.12 F
Interpretation
Plan Check 17.10.020 F
Administrative Site Plan 17.10.030
Review (Ministerial)
Site Plan Review 17.10.030 R F
(Discretionary)
Streamlined Ministerial 17.10.040
Permit
Administrative 17.10.050 F
Architectural Design
Review
Comprehensive 17.10.050 R
Architectural Design
Review
8 Title 17 - Zoning
Conditional Use Permit 17.10.060 R
Minor Variance 17.10.070 F
Major Variance 17.10.070 R F
Reasonable 17.10.080 F
Accommodation(s)
Sign Permit 17.10.090 F
Creative Sign Program 17.10.100 F
Uniform Sign Program 17.10.110 R
Temporary Use Permit 17.10.120 F
Development Agreement 17.10.130 R F
Planned Development 17.10.140 R
Specific Plan 17.10.150 R R F
Density Bonus 17.46 R F
Prezoning 17.10.160 R R F
Zoning Amendment (Text 17.10.170 R R F
and Map)
General Plan Amendment 17.10.180 R R F
Notes:
1. All listed actions are subject to appeal pursuant to Section 17.08.060.
2. May be referred to Planning Commission for ministerial review by the City Planner. (Ord. No. 455, § 3, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.08.060 Appeals.
A. Purpose. This section identifies the procedures for filing and processing an appeal consistent with California Government Code Section 65900 et. seq. The appeal provisions of this section shall govern appeals of all planning and zoning matters, and other entitlement procedures in this title.
Appeal applicability and authority. Any person dissatisfied with a determination or action of the city planner or planning commission made pursuant to this article, may appeal such action to the designated appeal authority listed in Table 17.08.060-1 (Appeal authority) below, within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
9 Title 17 - Zoning
Table 17.08.060-1: Appeal Authority
Appeal Authority
Decision-Making Authority for Action Being Appealed Planning City Council
Commission
City Planner
Planning Commission
C. Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk. The filing of an appeal shall stay the issuance of any necessary subsequent permits) associated with any right or entitlement that will be subject of the appeal (e.g., building permits).
D. Notice and schedule of appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.08.040, public notices.
E. Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing and the appeal authority may reverse, modify, or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original decision-making authority for further action. The action of the appeal authority is final on the date of decision and, unless expressly provided by the chapter, may not be further appealed. A person may seek judicial review of a final decision of the city in accordance with applicable sections of the California Government Code or Code of Civil Procedures.
(Ord. No. 423, § 2, 4-21-2009)
17.08.070 Effective date.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the 11th day after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council (zoning amendment, general plan amendment, specific plans, development agreements) become effective 30 days from the date of final action and may not be appealed. In accordance with Section 17.12.030 (Rules of interpretation), where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day. Permits) shall not be issued until the effective date of required permit.
No application for a variance, conditional use permit, or zoning map amendment which has been denied shall be considered by the decision-making authority within one year from the date of the 10 Title 17 - Zoning
action to deny, except on the grounds of new evidence of proof of changed conditions found by the planning commission.
(Ord. No. 423, § 2, 4-21-2009)
17.08.080 Permit to run with land.
Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. No. 423, 82, 4-21-2009)
17.08.090 Permit time limits and extensions.
A. Time limits conditioned. As part of the conditions of approval, the decision-making authority may establish a time limit for the exercising of an entitlement. In the case of tentative maps, the time limits shall be as provided by state law.
B. Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permits).
Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.
C. Permit extensions. The same decision-making authority that granted the original permit may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit date. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the decision-making authority finds that the original permit findings can be made and that there are changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.
(Ord. No. 423, § 2, 4-21-2009)
17.08.100 Modification.
Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification Title 17 - Zoning
of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.
If the city planner determines that a proposed project action is not in substantial conformance with the original approval, the city planner shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same decision-making authority as the original permit. A permit modification may be granted only when the decision- making authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval. (Ord. No. 423, § 2, 4-21-2009)
17.08.110 Revocation of previously approved entitlement.
A. Purpose. The purpose of this section is to provide for the revocation of any permit or entitlement (e.g., variance, conditional use permit) granted under this title.
B. Grounds for revocation. In the event a permit holder or the permit holder's successor in interest, fails to comply with any or all conditions of entitlement approval, the city council, planning commission, or city planner, may institute a revocation proceeding if it is determined that there is substantial likelihood that any of the following situations exist:
1. The permit was obtained or extended by false, misleading, or incomplete information;
2. One or more conditions of approval have not been implemented or have been violated; or
3. The activities, or the use itself, are substantially different from what was approved. C.
Initiation of action. The revocation of a permit may be initiated by any of the city's designated planning agencies as identified in Section 17.06.020 (Composition of the city planning agency). The designated planning agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.
D. Revocation hearing.
1. A public hearing is required for any action to revoke a permit. The hearing shall be held by the original decision-making authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to Section 17.08.040 (Public notices).
2. In its discretion, the decision-making authority may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of Section 17.08.060 (Appeals).
E. Permit issued in error. Any approval or permit issued in error may be revoked by the decision- making authority upon written notice to the permit holder of the reason for the revocation. (Ord. No. 423, § 2, 4-21-2009)
12 Title 17 - Zoning
Chapter 17.10 PERMITS AND ENTITLEMENTS
17.10.010 Purpose.
The purpose of this chapter is to establish the procedures for administering all planning and zoning- related permits and entitlements required and regulated by the city in accordance with this title.
Each permit type is described in this chapter in terms of purpose and applicability and unique processing provisions. See Chapter 17.08 (Application processing procedures) for general application submittal, review, noticing/hearing, decision-making authorities, and appeal provisions. The permit process for review, decision, and appeal of signs is listed in Chapter 17.42 (Signs). Exemptions to permit requirements are listed throughout this title. Provisions for tentative maps, parcel maps, and final maps are listed in Title 16.
(Ord. No. 423, § 2, 4-21-2009)
17.10.020 Plan check.
Purpose and applicability. The purpose of the plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Plan check is required for the following actions:
1. All structures that require a building permit;
2. All planning entitlement applications to ensure compliance with applicable conditions of approval; and
3. For other city applications, including tree removal, business license, encroachment, and grading and improvement plans.
B. Process. No separate application form is necessary for plan check. This process will be conducted by the city planner as part of the building permit entitlement or other city application review. Plan check clearance shall be granted only when the city planner finds the proposal to be in conformance with all applicable provisions of this title. The city planner may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Any permit or application listed in Subsection A. shall not be issued without approval of plan check. (Ord. No. 423, § 2, 4-21-2009)
17.10.030 Site plan review.
A. Purpose and intent. The purpose of site plan review is to provide a process for promoting the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; and to ensure physical and functional compatibility between uses. This site plan review permit established by this chapter is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses or multifamily residential development 13 Title 17 - Zoning
will constitute suitable development and will not result in a detriment to the city or to the environment. There are two types of site plan review:
1. Administrative Site Plan Review - SP(a). An Administrative Site Plan Review is a ministerial, non-discretionary review by the decision-making authority of a project application to determine compliance with the provisions of this Code and the lone General Plan.
2. Discretionary Site Plan Review - SP(d). A Discretionary Site Plan Review is a discretionary review by the decision-making authority of a project application to determine compliance with the provisions of this Code and the lone General Plan.
B. Applicability.
1. A discretionary site plan review permit is required for the following items:
a. Multifamily residential development;
b. Single family residential homes, except those addressed under paragraph 2 (Administrative Site Plan Review) or Subsection C (Exemptions); c. Non-residential development (e.g., commercial, office, industrial, public/quasi- public);
d. Additions to the above projects where 500 or more gross square feet is being added to existing structures;
e. Fences and walls not otherwise exempt under Section 17.36.020 (Permit requirements and exemptions); and
f. Any item not listed in paragraph 2 or Subsection C., for which the city planner determines that a site plan review permit is required.
2. An administrative site plan review permit is required for the following items:
a. A project of up to two single family homes;
b. One duplex (projects proposing more than one duplex or other residential dwelling types in addition to one duplex require a discretionary site plan review); c. One triplex (projects proposing more than one triplex or other residential dwelling types in addition to one triplex require a discretionary site plan review); d. One fourplex (projects proposing more than one fourplex or other residential dwelling types in addition to one fourplex require a discretionary site plan review); e. Additions to single family residential homes greater than 150 square feet and less than 500 square feet in size;
f. Additions to non-residential structures greater than 150 square feet and less than 500 square feet in size;
g. Accessory structures 500 square feet or larger; and
14 Title 17 - Zoning
h. Uses identified as requiring an administrative site plan review in Tables 17.22.030- 1 and 17.24-030-1.
C. Exemptions. The following structures and activities are exempt from site plan review.
However, such structures may require additional permits and plan check, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.
1. Single family homes that are within an approved subdivision that has received site plan review approval;
2. Additions to single family residential homes less than 150 square feet in size;
3. Additions to non-residential structures less than 150 square feet in size;
4. Accessory structures less than 500 square feet;
5. Installation of signs;
6. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the structure, or the gross floor area of the structure.
7. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (e.g., tenant improvements); and
8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
9. Projects subject to a streamlined ministerial process under Section 17.10.040.
D. Timing. Site plan review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action for corresponding development applications.
E. Considerations. In conducting a site plan review, the decision-making authority shall consider the following:
1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties;
2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development; 15 Title 17 - Zoning
3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or planned development master plans, including but not limited to the density of residential units; and
4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police and fire; and whether such services are adequate based upon city standards.
F. Findings. A site plan review permit or any modification thereto shall be granted only when the decision-making authority makes all of the following findings.
1. Administrative Site Plan Review
a. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development master plan or specific plan provisions, improvements standards, and other applicable standards and regulations adopted by the city;
b. The proposed project will not create safety conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
C. The proposed project is compatible with adjacent residential and on-residential uses; and
d. The proposed project will not have an adverse impact on public health or safety.
2. Discretionary Site Plan Review
a. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development master plan or specific plan provisions, improvements standards, and other applicable standards and regulations adopted by the city;
b. The proposed project will not create safety conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
c. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features are compatible with adjacent residential and non-residential uses; and
d. The proposed project will not have an adverse impact on public health or safety.
G. Conditions. The decision-making authority may modify plans in whole or in part and may condition the site plan review permit to ensure specific design features and conformance with all applicable provisions of this title.
17.10.040 Streamlined Ministerial Permit
A. Purpose. The purpose of the Streamlined Ministerial Permit process is to provide a streamlined ministerial review process for a development project eligible for a streamlined ministerial process under California Government Code Section 65913.4, California Health and Safety Code Section 17021.8, or other sections of State law requiring a streamlined 16 Title 17 - Zoning
ministerial review process and to determine whether an eligible project is consistent with applicable objective standards.
B. Process for an Eligible Multifamily Project Under California Government Code Section 65913.4
1. Prior to submitting an application for a Streamlined Ministerial Permit, the applicant shall submit a Pre-Application which includes all of the information required by California Government Code Section 65913.4 and the city planner shall conduct Native American tribal consultation as required by Government Code Section 65913.4(b).
2. Streamlined Ministerial Permit applications for eligible multifamily projects shall be submitted to the city planner, which shall approve, conditionally approve, or disapprove such application or set the application on the agenda of the Planning Commission for design review or public oversight.
3. The Streamlined Ministerial Permit review shall focus on assessing compliance with criteria for streamlined projects established by California Government Code Section 65913.4(b), as well as any reasonable objective design standards published and adopted by ordinance or resolution before submission of the Streamlined Ministerial Permit application, and shall be broadly applicable to development within the Jurisdiction.
4. If the development project is in conflict with any applicable objective planning standards specified in California Government Code Section 65913.4(a), the city planner shall provide the applicant written documentation of which standard or standards the project conflicts with, and an explanation for the reason or reasons of the conflict, as follows:
a. Within 60 days of submittal of the complete Streamlined Ministerial Permit application pursuant to this section if the project contains 150 or fewer housing units.
b. Within 90 days of submittal of the complete Streamlined Ministerial Permit application to this section if the project contains more than 150 housing units.
5. The application shall be denied unless it is found to satisfy all applicable objective standards. For purposes of this subsection, a project development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
6. The Streamlined Ministerial Permit application may be referred to the Planning Commission or City Council for design review or public oversight. Such review shall not in any way inhibit, chill, or preclude the ministerial approval provided by California Government Code Section 65913.4, shall be limited in scope as described in paragraph (3), and shall be completed within the time period prescribed by the Government Code, which is as follows, unless alternate review or decision periods are established by State law for a specific use or development type:
17 Title 17 - Zoning
a. Within 90 days of submittal of the complete application to the city planner if the development contains 150 or fewer housing units.
b. Within 180 days of submittal of the complete application to the city planner if the development contains more than 150 housing units.
C. Process for Projects Pursuant to California Health and Safety Code Section 17021.8.
Applications for qualified projects submitted pursuant to California Health and Safety Code Section 17021.8, which addresses the streamlined ministerial process for eligible agricultural employee housing, shall be processed in conformance with the requirements of Section 17021.8.
D. Process for Other Projects Eligible for Streamlined Ministerial Review under State Law.
1. Streamlined ministerial permits shall conform to the application, timing, and findings requirements as specified for the specific permit type in State law.
2. Streamlined Ministerial Permit applications for eligible multifamily projects shall be submitted to the city planner which shall approve, conditionally approve, or disapprove such application or set the application on the agenda of the Planning Commission for design review or public oversight.
3. The Streamlined Ministerial Permit review shall be ministerial, objective, and strictly focused on assessing compliance with the Zoning Code, General Plan, and all other applicable requirements.
4. If the development project is in conflict with any applicable planning standards, the city planner shall provide the applicant written documentation of which standard or standards the project conflicts with, and an explanation for the reason or reasons of the conflict, within 90 days of submittal of the Streamlined Ministerial Permit application.
5. The application shall be denied unless it is found to satisfy all applicable objective standards. For purposes of this subsection, a project development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
6. The Streamlined Ministerial Permit application may be referred to the Planning Commission or City Council for design review or public oversight. Such review shall not in any way inhibit, chill, or preclude the ministerial approval provided by California Government Code Section 65913.4, shall be limited in scope as described in paragraph (3), and shall be completed within 180 days of submittal of the application pursuant to this title unless alternate review or decision periods are established by State law for a specific use or development type.
E. Expiration of Approval. Whenever no such use has been initiated within one year of the Streamlined Ministerial Permit approval, the approval shall thereupon become null and 18 Title 17 - Zoning
void, unless a permit extension has been requested and granted or the project meets the following requirements.
1. The approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
2. If the project does not meet the requirements of paragraph (1), the approval shall remain valid for three years from the date of the final action establishing the approval or three years from the date of final judgment upholding an approval that has been litigated project provided that vertical construction of the development has begun and is in progress. For purposes of this paragraph, "in progress" means one of the following:
a. The construction has begun and has not ceased for more than 180 days. b. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
17.10.050 Architectural design review for historic overlay district.
A. Purpose and intent. The purpose of the architectural design review for historic overlay district (hereafter referred to as architectural design review) is to provide for the protection, enhancement, and perpetuation of the old and historical buildings of downtown lone; to ensure compliance with the architectural and design standards of Section 17.28.020 (Historic overlay (H) district); and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This permit is intended to provide a process for consideration of development proposals in which the site, architectural and overall project design is substantially improved by the consideration of design and architectural features of the project as provided in Section 17.28.020 (Historic overlay district), while providing a significant city benefit. However, the flexibility does not apply to use of the land in that only those uses permitted within the underlying base zoning district are allowed.
B. Applicability. An architectural design review permit is required for the following activities on properties designated with the historic overlay (H) zoning district:
1. Installation of new features on existing structures/facades;
2. Additions to existing structures;
3. Placement, alteration, or relocation of signs;
4. New development;
5. Changes to exterior architectural style; and
6. Other actions identified in this title.
C. Exemptions. The following activities in the historic overlay (H) zoning district are exempt from architectural design review. However, such structures may require additional permits, 19 Title 17 - Zoning
such as a ministerial building permit to ensure compliance with adopted building code standards and applicable zoning code provisions.
1. Repair and maintenance to the site or structure that does not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure. Exterior repairs that employ the same materials and design as the original construction are also exempt from architecture review;
2. Interior alterations that do not increase the gross floor area within the structure;
3. Construction, alteration, or maintenance by a public utility agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar facilities and equipment); and
4. Construction, alteration, and maintenance of buildings used exclusively and solely for residential uses (e.g., single family residential) are hereby exempted. Buildings that provide for the mixing of residential and non-residential uses in a single structure (e.g., mixed use) do not qualify for this exemption.
D. Decision-making authority. The designated approving authorities for architectural design review are listed below. For any architecture review process not identified, the planning commission shall be decision-making authority. The decision-making authority shall approve, conditionally approve, or deny the proposed architectural design review application in accordance with the provisions of this chapter and Section 17.28.020 (Historic overlay). Architectural design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).
1. Administrative architectural design review. For all administrative actions, the city planner shall be the decision-making authority. Administrative actions refer to all actions except new development and wholesale changes to architectural style of any existing building. These types of projects typically do not require routing of applications to other departments or agencies. Issues related to fire and building code compliance are addressed at time of building permit issuance. Administrative actions include, but are not limited to, the following:
a. Installation of new features on existing structures consistent with the existing architectural style of the building, such as new roof, trim, doors, windows, etc., and b. Placement, alteration, or relocation of signs.
2. Comprehensive architectural design review. For all comprehensive actions, the planning commission shall be the decision-making authority. Comprehensive actions include:
a. New construction and wholesale redevelopment of existing sites; and 20 Title 17 - Zoning
b. Wholesale changes to the existing architectural style of a building (e.g., changing from mother lode to commercial vernacular).
E. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for all architectural design reviews:
1. A completed city application form indicating, among other things, the applicant's name, address, and telephone number;
2. Address of the property for which the request is being made;
3. Detailed project description;
4. Plans showing the proposed physical improvements including either samples of the proposed materials or other information indicating the type of material, color, design, and/or fire rating; and
5. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
F. Procedure. The procedures for architectural design review shall be as provided in Chapter
17.08 (Application processing procedures) except as provided below:
1. Administrative architectural design review.
a. No public hearing shall be required unless required below. b. Notice of the filing of an application for administrative architectural design review shall be mailed to persons owning property within 300 feet of the project site and posted on the property. The mailed notice of application shall advise persons that plans for the project are available for public review at city hall and that the application will be decided unless a written request for hearing is received by the city planning department on or before a date specified in the notice which shall be ten working days after the date of mailing.
c. If no timely written request for hearing is filed, the application shall be administratively approved by the city planner if it is deemed to be consistent with the provisions of the historic overlay (H) district.
d. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the procedures for comprehensive architectural design review. e. The city planner may elevate any project to the comprehensive architectural design review process that, if in the opinion of the city planner, such project is not in substantial conformance with applicable provisions for the historic overlay (H) district, or if the city planner determines that because of location, size, or design of the project warrants a hearing before the planning commission. 21 Title 17 - Zoning
2. Comprehensive architectural design review.
a. A public hearing shall be required by the decision-making authority. b. Public notice of the hearing shall be provided as specified in Section 17.08.040 (Public notices).
G. Findings. An architectural design review permit, or any modification thereto, shall be granted only when the decision-making authority makes all of the following findings:
1. The proposed project is consistent with the objectives of the general plan, and complies with applicable zoning regulations and improvement standards adopted by the city;
2. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;
3. The architecture, including the character, scale and quality of the design, relationship to the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signage and other similar elements establishes a clear design concept and is consistent with the architectural and design intentions of Section 17.28.020 (Historic overlay).
H. Conditions. The decision-making authority may modify plans in whole or in part and may condition the architectural design review permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title.
Permit issuance. The final action on the architectural design review permit by the decision- making authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed. (Ord. No. 423, § 2, 4-21-2009)
17.10.060 Conditional use permit.
A. Purpose and applicability. The purpose of the conditional use permit is for the individual review of uses, typically having unusual site development features or operating characteristics, to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements of objectives of the general plan.
A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Article II, zoning districts, allowable land uses, and development standards, and Article V, standards for specific non-residential uses. An existing nonconforming use may be enlarged or expanded upon approval of a conditional use permit by the decision-making authority.
Findings. Conditional use permits are quasi-judicial and shall be granted only when the planning commission determines that the proposed use or activity complies with all of the following findings:
22 Title 17 - Zoning
1. The proposed use is consistent with the general plan and all applicable provisions of this title.
2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city.
C. Conditions/guarantees. The planning commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood
D. Permit issuance. The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed.
E. Appeals. Appeal of the city planner or planning commission action on the request for conditional use permit shall be made in accordance with the procedures specified in Section 17.08.060 (Appeals).
(Ord. No. 423, § 2, 4-21-2009)
17.10.070 Variance.
A. Purpose and applicability. In accordance with California Government Code Section 65906, a variance request allows the city to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.
B. A variance is a request to exceed the applicable standards identified in this Chapter, except where this Chapter specifies that modifications to specific standards are allowed with a Conditional Use Permit. A major variance includes all requests to exceed applicable standards, except those requests addressed under a minor variance. A minor variance includes:
1. In any zone, modifications of the front, side, or rear yard setback requirements; provided, however, the total modification shall not reduce the applicable setbacks to less than eighty (80%) percent of those otherwise required in the zone; 23 Title 17 - Zoning
2. In any zone, modifications of building heights; provided, however, such building heights shall not exceed one hundred twenty (120%) percent of the otherwise applicable maximum height in the zone;
3. In any zone, modifications of the minimum lot area, width, and depth; provided, however, such modifications shall not reduce the total lot area to less than eighty (80%) percent of that otherwise required in the zone; and
4. In any zone, modifications of the maximum area or height of signs otherwise applicable in the zone; provided, however, such modifications shall not result in a sign exceeding one hundred twenty (120%) percent of either the maximum height or maximum size otherwise applicable in the zone.
5. In any zone, modifications of the off-street parking requirements; provided, however, the total variance shall not reduce the off-street parking to less than eighty (80%) percent of that otherwise required off-street parking. Such modifications shall be authorized only if it is found that the off-street parking, as modified, provides, either on the same site or on some reasonably and conveniently located site, adequate parking, loading, turning, and maneuvering space to accommodate substantially such needs as are generated by the use and will not result in a safety hazard to the users of the site or surrounding areas.
In any zone, modifications to the surfacing materials required to satisfy the paving requirements for off-street parking and loading. Such modifications shall be authorized only if it is found that the location of the parking or storage area or the nature or weight of the vehicles or equipment is such as to make the normally required surfacing materials unnecessary.
7. In the Planned Development (PD) overlay zones, minor modifications of the detailed development plans or detailed development standards approved by the Planning Commission or City Council only if it is found that such modifications are in substantial conformity with the plans or standards approved by the Commission, and that the appearance and function of the total development will not be significantly adversely affected as a result of such modification.
8. In any zone, modification of any other standard by more than fifteen percent (15%).
B. Findings. The decision-making authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the decision-making authority that the circumstances of their particular case can justify making all of the following findings:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property owners in the vicinity and under identical land use zoning district classifications. 24 Title 17 - Zoning
2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district tin which such property is located
3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4. That the granting of the variance is consistent with the objectives of the general plan and zoning code.
C. Conditions. The decision-making authority may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.
D. Issuance. The final action on the variance by the decision-making authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed
E. Appeals. Appeal of the decision-making authority on the request for variance shall be made in accordance with the procedures specified in Section 17.08.060 (Appeals). (Ord. No. 423, § 2, 4-21-2009)
17.10.080 Reasonable accommodation(s).
A. Purpose and intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city. It is the policy of the city, pursuant to the federal Fair Housing Amendments Act of 1988, as amended, and the California Fair Employment and Housing Act, as amended (hereafter "fair housing laws"), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.
Requesting reasonable accommodations).
1. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city.
If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the city planner will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
3. A request for reasonable accommodation(s) with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the city planner at the time that the accommodation may be necessary to ensure equal access to housing.
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C. Required information. The applicant shall provide the following information when requesting reasonable accommodations):
1. A completed city application indicating, among other things, the applicant's name, address, and telephone;
2. Property owner and address of the property for which the request is being made;
3. The current actual use of the property;
4. The zoning code provision, regulation, or policy from which reasonable accommodation(s) is being requested;
5. The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing usable and accessible to the person(s);
6. If necessary to reach a determination, the city planner may request further information, consistent with fair housing laws, specifying in detail the information that is required.
D. Decision-making authority and approval process.
1. Notwithstanding any other provision of this zoning code, the city planner shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the city planning department, it will be referred to the city planner for review and consideration as a ministerial action unless determined otherwise by the city planner.
The city planner shall issue a written determination of his or her action within 30 days of the date of receipt of a completed application, except that the decision period may be extended to 30 days from the date any information requested under paragraph C subparagraph 6 is submitted by the applicant to the city. The city planner may:
a. Grant or deny the accommodation request; or
b. Grant the accommodation request subject to specified nondiscriminatory condition(s).
2. All written determinations of actions of the city planner shall explain in detail the basis of the decision, including the basis for the findings in Paragraph E and shall give notice of the right to appeal and the right to request reasonable accommodations) on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
3. If necessary to reach a determination or action on the request for reasonable accommodation(s), the city planner may request further information from the applicant consistent with the city planning department specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.
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E. Required findings for reasonable accommodation(s). In making a determination regarding the reasonableness of a requested accommodation(s), the decision-making authority shall make the following findings:
1. The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under fair housing laws.
2. The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under fair housing laws.
3. The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the city.
4. The requested accommodation does not fundamentally alter the city's land use and zoning or building program.
F. Appeals. Appeal of the city planner action on the request for reasonable accommodation(s) shall be made in accordance with the following procedures.
1. Within thirty (30) days of the date of the decision-making authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.
2. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.
3. 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.
4. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. No. 423, § 2, 4-21-2009)
17.10.090 Sign permit.
A. Purpose. Sign permits provide a mechanism for administrative review and determinations to ensure that signs are consistent with the general plan and provisions of the zoning code.
B. Applicability. A sign permit shall be required for all permanent signs, as defined by this title, prior to the establishment or erection of a new sign or the replacement, alteration, or relocation of an existing permanent sign, as specified in Section 17.42.040 (Permits and review procedures). Where a sign is proposed, no building permit may be issued until a sign permit has first been approved and issued
B. Procedures.
1. The city planner, or his or her designee, shall be the decision-making authority for sign permits.
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2. Multiple sign applications. When an application proposes two or more signs on the same property and/or as part of the same tenant, the applications may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
C. Submittal timing. Timing. An application for a sign permit for a permanent sign shall be submitted to the city planning department at the time the building permit application is submitted to the building department.
D. Approval findings. The decision-making authority may approve a sign permit when the sign permit application and the sign itself comply with the standards and requirements of this title. A sign permit application may be approved subject to conditions, so long as those conditions are not in conflict with this title or some other applicable law, rule, or regulation. (Ord. No. 423, § 2, 4-21-2009)
17.10.100 Creative sign program.
A. Purpose. The purpose of a creative sign program is to provide a process for property owners and businesses to propose, and the city to consider, special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign program also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign program is to:
1. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a creative sign program in order to allow a sign that may require standards that differ from the signage provisions of this title, but comply with the purpose and findings for creative sign program. Establishments that are eligible for creative sign programs include any commercial, office, or industrial use in the city and specifically include any such use within the historic (H) overlay district.
C. Decision-making authority and procedures.
1. The city planner, or his or her designee, shall be the decision-making authority for creative sign programs.
2. Multiple signs. One creative sign program application may be submitted for multiple signs, provided all signs are on the same property and/or as part of the same tenant.
In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial. 28 Title 17 - Zoning
3. Public hearing. No public hearing shall be required for a creative sign program, except as set forth below:
a. Notice of the filing of an application for a creative sign program shall be mailed to persons owning property within 300 feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice ot application shall advise persons that plans for the project are available for public review at city hall. The notice shall also indicate that the decision-making authority will take final action on the application unless a written request for hearing is received by the city planning department on or before the date specified in the notice, which shall be at least ten working days from the date of mailing. b. If no timely written request for hearing is filed, the application shall be administratively approved by the decision-making authority if it is deemed to be consistent with the deviations and considerations for creative sign programs. c. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the planning commission.
d. Notwithstanding the foregoing, the decision-making authority may elevate any project to a planning commission decision if, in the opinion of the decision- making authority, such project is not in substantial conformance with the intent of the creative sign program, or if the decision-making authority determines that the location, size, or design of the project warrants a hearing before the planning commission.
4. Revocation or cancellation. The city planner shall revoke any creative sign program upon refusal by the permit holder to comply with the provisions of the creative sign program after written notice of noncompliance and at least 30 days opportunity to correct. In the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety, the city planner shall revoke the creative sign program and order immediate correction of the safety hazard.
D. Submittal requirements.
1. Timing. An application for a creative sign program shall be submitted to the city planning department prior to submittal of an application for a sign permit.
2. Application contents. The application for creative sign program shall be made on a form as prescribed by the city planning department and shall be accompanied by the information identified on the form. The information shall include, but is not limited to, the following:
a. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form; 29 Title 17 - Zoning
b. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property;
C. Preliminary information indicating how the sign will be constructed and/or mounted to a building or structure;
d. Location, size, structure, and other descriptive information required by the city planning department; and
e. Such other information as the city planning department may reasonably request to determine that the proposed application is in full compliance with the provisions of this title, the City Code, and other applicable law. The message proposed to be displayed on the sign is not required, but may be shown at the option of the applicant.
E. Deviations allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign program and may, upon written findings, be approved by the decision-making authority:
1. Increases in maximum allowed area for permanent signs on the subject site;
2. Allowances for types of lighting not otherwise permitted by this title;
3. Allowances for types of signs not specifically permitted by this title; and
4. Allowances for signs to exceed the maximum height requirements).
F. Considerations and basis for deviations. In approving an application for a creative sign program and any deviations from the signage standards of this title, the decision-making authority shall ensure that the proposed sign meets the following criteria:
1. Design quality. The sign shall:
a. Have a positive visual impact on the surrounding area; b. Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c. Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
2. Contextual criteria. The sign shall contain at least one of the following elements:
a. Classic historic design style;
b. Creative image reflecting current or historic character of the city; or c. Inventive representation of the logo, name, or use of the structure or business.
3. Architectural criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.
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4. Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.
G. Findings. A creative sign program shall be granted only when the decision-making authority makes all of the following findings:
1. The proposed creative sign program is consistent with the objectives of the general plan;
2. The proposed signage is consistent with the purposes of the creative sign program; and
3. The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title. (Ord. No. 423, § 2, 4-21-2009)
17.10.110 Uniform sign program.
A. Purpose. The uniform sign program provides a process for the city's review of and decisions related to requests for signs for multi-tenant projects. The intent of the uniform sign program is to allow the integration of a project's signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects, as well as to encourage design flexibility without circumventing the intent of this Code.
B. Applicability. A uniform sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant or mixed use developments of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities as specified in Section 17.42.040 (Permits and review procedures).
C. Standards and content. The uniform sign program shall include criteria for building-attached and freestanding signs for tenants, anchors, and the integrated development itself to establish consistency of sign type, location, logo and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the uniform sign program adopted for the development. The message substitution policy of Chapter 17.42 shall be deemed incorporated in every uniform sign program, even if the uniform sign program documents do not explicitly so state. Maximum size, location, height, setback, and other development standards for signs in the uniform sign program shall be consistent with the standards of this title.
D. Approval findings. A uniform sign program, or revisions thereto, may be approved, approved with conditions, or denied by the decision-making authority based upon findings of fact that the proposed sign program (or revision thereto) is consistent with the standards for uniform sign programs as established in the city's zoning code. (Ord. No. 423, § 2, 4-21-2009)
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17.10.120 Temporary use permit.
A. Purpose. Temporary use permits (TUP) provide a process for ministerial review and determinations to allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The temporary use permit applicant must demonstrate the application is consistent with Code requirements.
B. Applicability. A temporary use permit allows the short-term activities listed in Chapter 17.220 (Temporary uses).
C. Approval findings. The city planner shall make the following findings to approve or conditionally approve a temporary use permit application:
1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use
2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.
4. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this zoning code. The decision-making authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.
D. Conditions of approval. In approving a temporary use permit, the city planner may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off- site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings. (Ord. No. 423, § 2, 4-21-2009)
17.10.130 Development agreements.
A. Purpose. This section establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The city council finds and declares the use of development agreements is beneficial to the public, in that:
1. Development agreements increase the certainty in the approval of development projects thereby preventing the waste of resources, reducing the cost of development 32 Title 17 - Zoning
to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B. Qualified applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the development agreement (or his or her authorized agent) may submit an application for a development agreement.
Flexibility of development regulations. Unless preempted by state or federal law, any development agreement if adopted by the city may modify development rules, regulations, and policies governing permitted uses of land, and density, and governing design, improvements, construction standards and specification, and phasing applicable to development of the property involved in the agreement.
Nothing contained in these regulations shall prevent the developer or the city from proceeding with normal tentative map or final map processes on any phase of a development which is the subject of a development agreement at any time during its term.
D. Submittal requirement. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement, in addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a development agreement:
1. A completed city application form indicating, among other things, the applicant's name, address, and telephone number;
2. Address of the property for which the request is being made;
3. Detailed project description;
4. Description of public benefits that will result from the agreement; and
5. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
E. Findings. A development agreement may only be granted when the city council makes all of the following findings specifying that the development agreement:
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1. Is consistent with the objectives, policies, and general land uses specified in the general plan and any applicable specific plans;
2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice;
3. Will not be detrimental to health, safety, and general welfare of the city;
4. Will not adversely affect the orderly development of property or the preservation of property values; and
5. Provides sufficient benefit to the community to justify entering into the agreement.
F. Approval of development agreement. A development agreement is a legislative act and shall be approved by the city council by ordinance. The mayor shall execute any development agreement approved by the city council.
G. Amendment and cancellation of agreement. Either party may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Where, however, the city initiates the proposed amendment or cancellation, it must first notice the property owner of its intent at least 15 days in advance.
H. Recordation. Within ten days after the city enters into the development agreement, or any amendment thereof, the city clerk shall cause the agreement or amendment to be recorded with the county recorder. Additionally, the city clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.
Periodic review. The city manager shall review the development agreement every 12 months from the date the development agreement is entered into and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the city manager finds that any aspect of the development project is not in strict compliance with the terms of the development agreement or may warrant consideration by the decision-making authority, the city manager may schedule the matter before the appropriate decision-making authority for review. (Ord. No. 423, § 2, 4-21-2009)
17.10.140 Planned development.
A. Purpose and applicability. The purpose of the planned development district is to provide procedures for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans and of those areas that require special planning to provide for appropriate planned development in harmony with 34 Title 17 - Zoning
their natural features and other environmental consideration. In the event there is an inconsistency or conflict between an adopted planned development and comparable provisions of this title, the planned development shall prevail. This section describes the process for adoption, amendments, and subsequent development permitted under a planned development. Chapter 17.26 (Special purpose districts) describes planned development districts and adopts it by reference.
B. Initiation of planned development zoning. Proposals to establish a planned development or planned development district may be initiated by the city or by any person in the same manner as a zoning amendment as provided in this zoning code.
C. Application contents. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for planned development:
1. Either a request for a conditional use permit for all proposed development or a master plan for the proposed development;
2. The following required data:
a. Topographic map showing natural features of site and adjacent property, and location of proposed facilities and roads;
b. Description of existing site, including vegetation, wildlife, natural features, and present services, access, and land use;
c. Description of clearing, grading, excavating, filling, and other land alterations to be performed;
d. Description of proposed uses and structures, landscaping, fencing, services, streets, utilities, and other facilities;
e. Other information as required by the city planning department, city planner, or planning commission, including but not limited to detailed construction, improvement, utility, and drainage plans and other data as is deemed necessary to adequately consider the proposed development; and
f. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
D. Required contents of a master plan. When a master plan is being established for the planned development, the master plan shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the planned development submittal:
1. A list of permitted, conditionally permitted, and prohibited uses;
2. Performance and development requirements related to yards, lot area, intensity of development on each lot, parking, landscaping, and signs;
3. Other design standards appropriate for the specific site and development; 35 Title 17 - Zoning
4. Legal description of property covered by the master plan; and
5. Reasons for establishment of a planned development master plan on the particular property.
F. Additional contents of a master plan. Additional contents may be required as determined by the city planner including, but not limited to, the following:
1. Regulations relating to nonconforming lots, uses, structures, and signs;
2. Time, phasing, and sequence of development projects;
3. Infrastructure plan; and
4. Circulation plan.
G. Findings. The decision-making authority shall make the following findings to approve a planned development:
1. The proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of planned development zoning;
2. The site is physically suited for the proposed uses;
3. The proposed uses do not significantly detract from the natural and scenic values of the site;
4. Adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.
H. Conditions. The decision-making authority may attach such conditions to the planned development district as are deemed necessary to insure compliance with the intent and purpose of planned development zoning, including but not limited to height, area, lot and setback requirements; design standards; access, road and revegetation/landscaping requirements; dedications and use restrictions.
1. Action/adoption. Adoption of the planned development by ordinance of the city council shall constitute final action and approval of the planned development. Authorization for construction in accordance with the planned development may only be granted after the effective date of the action.
Delineation of planned development areas. On the zoning map, a planned development district shall be delineated in a manner similar to that of any other zoning district except that each planned development zoned area shall also bear a number, text, or other symbol which distinguishes it from other planned development areas. See Section 17.26.030 (Planned development zoning districts).
Environmental review. It is anticipated, under the California Environmental Quality Act and implementing guidelines, that most planned development approvals will require preparation of either a mitigated negative declaration (MND) or an environmental impact report (EIR). Once adopted or certified, the MND or EIR for a master plan may be relied upon for further entitlements sought subsequent to adoption of the planned development master plan (e.g., site plan review). Unless otherwise exempt, an initial study shall be 36 Title 17 - Zoning
prepared for all subsequent entitlements to determine whether a supplement to the MND or EIR must be prepared. In the event that a supplement to the MND or EIR is determined not to be necessary, a negative declaration or mitigated negative declaration for the project shall be prepared.
L. Subsequent development in a planned development for which there is no master plan. When a master plan was not established as part of the establishment of a planned development zone (e.g., when a request for the zone change to planned development and for a use permit for all proposed developments was approved) and a use is proposed that was not covered in the previous approval, a conditional use permit shall be required for all subsequent development and uses (in addition to any other required entitlement, e.g., site plan review), or a master plan providing for a range of uses shall prepared and considered.
The master plan shall be prepared consistent with the provisions of Subsection F. (Required contents of a master plan). In approving subsequent development in a planned development for which there is no master plan, the decision-making authority shall make the following findings:
1. That the proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of planned development zoning as applied to the subject site;
2. That the site is physically suited for the proposed use(s); and
3. That adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.
M. Application for amendment to the planned development zone. The procedures for amending a planned development zone (including amendments to the master plan or establishing a master plan where one previously did not exist) shall be the same as for any amendment to the zoning code, as set forth in Section 17.10.150, including the necessary findings in Section 17.10.150 E. (Findings for zoning amendment (text or map)).
N. Application of planned development requirements. Where specific conditions of the planned development (including master plan) are more restrictive than the zoning code development standards, the conditions of the planned development shall apply. Where a standard is not addressed in the planned development, the zoning code shall apply. (Ord. No. 423, 8 2, 4-21-2009)
17.10.150 Specific plans.
A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with California Government Code Section 65450, et. seq. This section describes the process for adopting, amending, and subsequent 37 Title 17 - Zoning
development under a specific plan. Chapter 17.26 (Special purpose districts) describes the individual specific plan districts and adopts them by reference.
B. Applicability. The city's general plan encourages preparation of specific plans and identifies certain areas of the city which require specific plans for development. Specific plan zoning may be considered for other areas of the city.
C. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirements for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following the submitted for a specific plan:
1. A draft of the proposed specific plan document and relevant map(s) that includes all of the necessary components as listed in Subsection D. (Contents); and D. Contents. In addition to the state minimum content requirements of California Government Code Section 65451, the following items outline the city's content requirements for an application:
1. Statement of the relationship of the specific plan to the general plan.
2. Policies for development and standards for regulating development within the plan area.
3. The proposed land uses for all areas covered by the plan.
4. The types and configurations of buildings to be included in all developments within the plan area.
5. The location of and types of streets.
6. Public facilities and infrastructure required to serve developments within the specific plan area.
7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8. Proposed conservation, open space and/or recreation areas, if any.
9. Any other programs, guidelines or standards appropriate for the area covered by the plan.
E. Environmental review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F. Findings. Specific plans and any amendment thereto shall be approved/adopted only when the city council makes the following findings:
38 Title 17 - Zoning
1. The proposed specific plan is consistent with the general plan goals, policies, and implementation programs.
2. The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.
3. The administration and permit processes within the specific plan are consistent with the administration and permit processes of the zoning code.
G. Adoption. Adoption of the specific plan by ordinance of the city council shall constitute final action and approval of the specific plan. Authorization for construction in accordance with the specific plan may only be granted after the effective date of the adoption.
H. Delineation of specific plan areas. On the zoning map, a specific plan zoning district shall be delineated in a manner similar to that of any other zoning district except that each SP- zoned area shall also bear a number, text, or other symbol which distinguishes it from other specific plan areas. See Section 17.26.020 (Specific plan zoning districts).
1. Application of specific plan development requirements. Where specific conditions of the specific plan are more restrictive than the zoning code development standards, the conditions of the specific plan shall apply. Where a standard is not addressed in the specific plan, the zoning code shall apply.
(Ord. No. 423, 8 2, 4-21-2009)
17.10.160 Prezoning.
A. Purpose. The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the city, within the sphere of influence. This section is consistent with California Government Code Section 65859.
B. Procedure. The procedure, review, and action for prezoning are the same as that established for a zoning code amendment pursuant to Section 17.10.150 (Zoning code amendment). (Ord. No. 423, 8 2, 4-21-2009)
17.10.170 Zoning code amendment.
A. Purpose. The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with California Government Code Section 65853.
B. Initiation of amendment. A zoning amendment to this title may be initiated by motion of the planning commission or city council, by application by property owners) of parcel(s) to be affected by zoning amendment, or by recommendation of the city planner to clarify text, address changes mandated by state law, maintain general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
39 Title 17 - Zoning
C. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a zoning code amendment when initiated by the property owner(s) of parcel(s) to be affected by the zoning amendment:
1. Maps showing the existing and proposed zoning designations for the subject property(s) when the proposed zoning amendment is for a map amendment;
2. The proposed text of the proposed zoning amendment when the proposed zoning amendment is for a text amendment; and
3. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
D. Findings for zoning amendment (text or map). Zoning amendments shall be granted only when the city council makes the following findings:
1. The proposed zoning amendment (text or map) is consistent with the general plan goals, policies, and implementation programs.
E. Conditions/restrictions. When considering an application for a zoning amendment to rezone property, the city council has the authority to impose restrictions on property including use restriction.
F. Action/adoption. Adoption of the zoning amendment by ordinance of the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action.
(Ord. No. 423, 82, 4-21-2009)
17.10.180 General plan amendment.
A. Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).
B. Frequency of amendment. Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
C. Initiation of amendment. A general plan amendment may be initiated by motion of the planning commission or city council, by application by property owners) of parcel(s) to be affected by general plan amendment, or by recommendation of the city planner to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designations), or for any other reason beneficial to the city.
40 Title 17 - Zoning
D. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a general plan amendment when initiated by the property owners) of parcel(s) to be affected by the general plan amendment:
1. Maps showing the existing and proposed general plan designations for the subject property(s) when the proposed general plan amendment is for a map amendment;
2. The proposed text of the proposed general plan amendment when the proposed general plan amendment is for a text amendment; and
3. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
E. Findings for general plan amendment (text or map). In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial benefit to be derived from such amendment.
F. Adoption. Adoption of the general plan amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon the effective date of the action.
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.12 INTERPRETATION
17.12.010 Purpose.
The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure the consistent interpretation and application. (Ord. No. 423, § 2, 4-21-2009)
17.12.020 Applicability and authority for interpretations.
If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the city planner to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this chapter:
A. The classification of a particular use;
B. The development standards applicable to a particular zoning district or use; or C. Zoning boundaries.
(Ord. No. 423, § 2, 4-21-2009)
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17.12.030 Rules of interpretation.
A. Terminology. When used in this title, the following rules apply to all provisions of this title:
1. Language. The words "shall," "must,' "will,' " is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.
2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to.."
Zoning regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted.
C. Number of days. Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.
D. Minimum requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
(Ord. No. 423, § 2, 4-21-2009)
17.12.040 Record of interpretation.
Whenever the city planner determines that an ambiguity in a zoning regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of the chapter, the city planner shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. The city planner shall make an interpretation based on his or her judgment and understanding of the current code.
Any provision determined by the city planner to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical. The city planner shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. The applicant or property owner initiating the request for such interpretation shall receive a notice of action, including the record of interpretation and information regarding the city's appeal procedures. All recorded interpretations shall also be provided to the planning commission, city manager, city attorney, and city council in writing. 42 Title 17 - Zoning
(Ord. No. 423, § 2, 4-21-2009)
17.12.050 Appeals.
Interpretations by the city planner may be appealed to the planning commission as specified in Section 17.08.060 (Appeals). Following appeal, if the applicant disagrees with the commission's determination, the applicant may appeal to the city council. (Ord. No. 423, § 2, 4-21-2009)
Chapter 17.14 ENFORCEMENT
17.14.010 Purpose and intent.
The purpose of these provisions is to identify enforcement authority and provisions for enforcement of this title.
(Ord. No. 423, 8 2, 4-21-2009)
17.14.020 Enforcement authority.
Enforcement of this title shall be the responsibility of the city planner or his or her designee. The city planner shall investigate all matters of zoning code violations and, if a violation exists, the city shall take enforcement action pursuant to Chapter 1.10 (Administrative enforcement provisions). (Ord. No. 423, § 2, 4-21-2009)
17.14.030 Violation-Deemed nuisance.
Any building or structure, or any use of property contrary to or in violation of this title is unlawful and is deemed a public nuisance. All nuisance abatement and enjoinment proceedings shall be conducted in accordance with Chapter 1.10 (Administrative enforcement provisions), as well as relevant provisions of state law.
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.16 NONCONFORMING USES, BUILDINGS, STRUCTURES, AND LAND[2]
17.16.010 Purpose.
This section provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments.
It is the intent of this zoning code to allow for the long-term continuance of nonconformities in an orderly manner, and provide for their possible transition to a conforming condition. (Ord. No. 455, § 4, 12-6-2011 )
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17.16.020 Regulations to apply.
The regulations set forth in Sections 17.16.020 through 17.16.140 shall apply to all nonconforming buildings and structures, or parts thereof, and uses existing at the effective date of this title. (Ord. No. 455, § 4, 12-6-2011 )
17.16.030 Building or structure.
A. Continued Use of a Nonconforming Building or Structure. Any nonconforming building or structure may be continued and maintained, including necessary maintenance and repair.
B. Legal Expansion of a Nonconforming Building or Structure. A nonconforming building or structure may be enlarged, extended, or otherwise added onto, or otherwise altered, provided such modifications do not extend the nonconforming aspects of the structure or result in any new nonconforming conditions for the subject property. (Ord. No. 455, 8 4, 12-6-2011 )
17.16.040 Uses.
Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title. An existing nonconforming use may be enlarged or expanded upon application for, and approval by the decision-making authority, a conditional use permit. (Ord. No. 455, 84, 12-6-2011)
17.16.050 Loss of nonconforming use status.
A. Change to a Conforming Use. Any part of a building, structure, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by the prior nonconforming use.
B. Abandonment or Discontinuance. Any part of a building, structure or land occupied by a nonconforming use, while use is abandoned, shall not again be used or occupied by such a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use, which use is discontinued for a period of more than 36 months, shall not again be used or occupied for a nonconforming use.
(Ord. No. 455, §4, 12-6-2011 )
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17.16.060 Reserved.
17.16.070 Reserved.
17.16.080 Reserved.
17.16.090 Nonconforming parcels of land.
A. Legal Building Site. A nonconforming parcel that does not comply with the applicable area or width requirements of this zoning ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the city planner by evidence furnished by the applicant:
1. Approved Subdivision. The parcel was created by a recorded subdivision;
2. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the Zoning amendment that made the parcel nonconforming;
3. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or
4. Partial Government Acquisition. The parcel was created in compliance with the provisions of this zoning ordinance, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.
B. Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. No. 455, § 4, 12-6-2011 )
17.16.100 Signs, billboards, etc.
The city's policy for nonconforming signs, billboards, and other such structures shall be as defined in Chapter 17.42 (Signs on Private Property).
(Ord. No. 455, § 4, 12-6-2011 )
17.16.110 Nonconformance due to change of regulations.
The provisions of Sections 17.16.010 through 17.16.090 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, that where a period of years is specified in Sections 17.16.010 through 17.16.090 for the removal of nonconforming buildings, structures or uses, said period shall be computed from the date of such reclassification or change. (Ord. No. 455, § 4, 12-6-2011 )
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17.16.120 Public utilities.
The provisions of this chapter shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment, and facilities where there is no change of use or increase in area of property so used.
(Ord. No. 455, § 4, 12-6-2011 )
17.16.130 Building under construction.
Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced within 60 days after the issuance of said permit and diligently prosecuted to completion. (Ord. No. 455, § 4, 12-6-2011)
17.16.140 Reconstruction of damaged and nonconforming buildings.
If a nonconforming building or structure is damaged by fire, explosion, or acts of God, subsequent to the effective date of this title, such building or structure may be reconstructed in a manner that does not increase or enlarge the area, space, or volume occupied or devoted to such nonconforming use, under the following terms: (1) all such reconstruction shall be performed under one building permit, (2) all such reconstruction shall be initiated within a period of three years from date of damage, and (3) all such reconstruction shall be diligently pursued to completion. Nothing in this section shall be construed to allow an unsafe structure or condition to exist on the site of such damage.
A. If the expense of such reconstruction is less than or equal to 60 percent of the assessed value of the building or structure at such time just prior to the damage occurring, the building or structure may be reconstructed upon issuance of a ministerial building permit.
B. If the expense of such reconstruction is more than 60 percent of the assessed or appraised value of the building or structure at such time just prior to the damage occurring, whichever is appropriate, the building or structure may only be reconstructed upon issuance of a conditional use permit from the decision-making authority.
(Ord. No. 493, § 3, 7-18-17; Ord. No. 455, § 4, 12-6-2011)
17.16.150 Re-establishment of nonconforming structures voluntarily removed.
In the event a property owner desires to re-establish a legal nonconforming structure after voluntary removal, the property may do so but only upon satisfying the following requirements:
A. The property owner first applies for, and is issued, a building permit for the re-established structure and the structure is constructed in compliance with the city-adopted building code in effect at the time of permit issuance.
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B. The size, scale, and location of the structure are the same as the prior structure. The burden shall be on the property owner to provide information satisfactory to the city to document the setbacks, height, and other physical characteristics of the prior structure necessary to review and approve the building permit for the re-established structure.
C. The structure is re-established within five years of being voluntarily removed. (Ord. No. 455, § 4, 12-6-2011 )
17.16.160 Nonconforming due to lack of use permit.
A. Conformity of Uses Requiring Conditional Use Permits. A use lawfully existing without a conditional use permit that would be required by this title to have conditional use permit approval shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).
B. Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit but is not allowed by this title in its current location may continue, but only in compliance with the original conditional use permit.
(Ord. No. 455, § 4, 12-6-2011 )
Footnotes:
--- 2) ---
Editor's note— Ord. No. 455, § 4, adopted December 6, 2011, amended Chapter 17.16 in its entirety to read as herein set out. Former Chapter 17.16, 8§ 17.16.010—
17.16.170, pertained to nonconforming uses, and derived from Ord. No. 423, adopted April, 21, 2009.
47 Title 17 - Zoning
ARTICLE II. ZONING DISTRICTS, ALLOWED USES, AND
DEVELOPMENT STANDARDS
Chapter 17.20 ESTABLISHMENT OF ZONING DISTRICTS AND LAND USE
CLASSIFICATION SYSTEM
17.20.010 Chapter purpose.
This chapter establishes the framework of zoning districts within the City of lone and their relationships to the city's general plan land use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.020 Zoning districts.
Zoning districts are established in order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population; for these purposes, classes of land use zones are established
The City of lone is divided into zoning districts that are generally grouped into three categories: A) base zoning districts, B) special purpose zoning districts, and C) overlay zoning districts. These districts implement the city's general plan land use categories as described in Table 17.20.020-1 (Zoning districts). Each zone is further defined and regulated in subsequent chapters of this article.
A. Base Zoning Districts. The base zoning district is the primary zoning district that applies to a property. Every parcel throughout the city has a base zoning district that establishes the primary type and intensity of land use for the parcel and provides development regulations for that particular type and intensity of land use. Base districts are grouped into three categories as follows:
1. Agricultural and residential zoning districts;
2. Commercial and industrial zoning districts;
3. Public/quasi public districts.
B. Special Purpose Zoning Districts. The special purpose zoning district supplements the base zoning district to allow for more flexibility from the standard provisions of the underlying base zoning district. Special purpose zoning districts are grouped into two categories as follows:
1. Specific plan zoning districts;
2. Planned development zoning districts;
C. Overlay Zoning Districts. An overlay zoning district supplements the base zoning district for one or more of the following purposes:
48 Title 17 - Zoning
1. When special provisions are needed to protect unique site features or implement location-specific provisions; and/or
2. To specify a particular standard or guideline for an area.
D. In the event of a conflict between the regulations of the base zoning district and the special purpose zoning district, the provisions of the special purpose zoning district shall apply.
When an overlay zoning district is silent on allowed use provisions, the allowed use provisions of the base zoning district shall prevail. In the event of a conflict between the regulations of the base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply.
Table 17.20.020-1: Zoning Districts
Zoning District General Plan Land Use Designation
Zoning District Name/Description
Symbol Implemented by Zoning District
Agricultural Zoning Districts
A Agricultural General Agriculture
Residential Zoning Districts
R-1a One-family Dwelling Low Density Residential
R-1b One-family Dwelling Low Density Residential
R-1c One-family Dwelling Rural Residential
R-2 Limited Multiple-family Dwelling Low Density Residential Medium Density Residential
Downtown Transition
R-3 Multiple-family Dwelling Medium Density Residential R-4 High Density Multiple-Family Dwelling High Density Residential MP Mobile Home Park Medium Density Residential
Commercial and Industrial Zoning Districts
C-T Commercial-Transition Downtown Transition
C-1 Light Commercial General Commercial
C-2 Central Business District Commercial Central Business District C-3 Heavy Commercial General Commercial
BP Business Professional Office-Commercial
M-1 Limited Manufacturing and Industrial Light Industrial M-2 Heavy Industrial and Mining Heavy Industrial
Surface Mining
Public/Quasi Public Zoning Districts
O-S Open Space Open Space
PCS Parks and Community Service Parks and Recreation
PF Public Facilities Public Service
49 Title 17 - Zoning
Zoning District General Plan Land Use Designation
Zoning District Name/Description
Symbol Implemented by Zoning District
Special Purpose Zoning Districts
S-P Specific Plan All
P-D Planned Development All
Overlay Zoning Districts
H Historic Overlay All
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.030 Conformance with zoning district regulations.
Except as provided in this title:
A. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than listed in this title, or amendments thereto, as permitted in the zones in which such land, building or premises is located B. No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title, or amendments thereto, for the zone in which such building is located C. No building shall be erected nor shall any existing building be moved, altered or enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building-site requirements and the area and yard regulations established by this Title, or amendments thereto, for the zone in which such building is located.
D. No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.040 Zoning map.
The city council hereby adopts the City of lone Zoning Map (hereafter referred to as the "zoning map") as the official designation of zoning district boundaries on real property within the city. The zoning map shall be regulated as set forth:
A. Incorporated by Reference. The zoning map is hereby incorporated into this zoning code by reference as though it were fully included
B. Relationship to the General Plan and Other Plans. The zoning map shall implement and shall be consistent with the city's adopted general plan. The zoning map shall be specifically 50 Title 17 - Zoning
consistent with the general plan land use plan and the roadway sizing diagram, and any adopted specific plans or planned developments.
C. Zoning District Symbol. Zoning districts shall be illustrated on the zoning map as follows:
1. Each base zoning district shall be described on the zoning map by use of its identified zoning district symbol, as listed in Table 17.20.020-1 (Zoning Districts).
2. Special purpose zoning districts shall be delineated with a name, number, symbol, or other delineation, as determined by the city planner, which distinguishes it from other special purpose zones, base zoning districts, or overlay zones. The assignment of the special purpose designation serves to provide a reference to the corresponding special purpose zoning document (e.g. specific plan, planned development) adopted by ordinance of the city council.
3. Overlay zoning districts shall be designated by their representative symbol along with the base zoning district in a format determined by the city planner.
D. Zoning Map Interpretation. If there is uncertainty about the location of any zoning district boundary shown on the zoning map, the precise location of the boundary shall be determined by the city planner as follows:
1. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
2. In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.
3. In case any uncertainty exists, the planning commission shall determine the location of boundaries.
4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.
5. Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.
6. All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as R-la zone.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.050 Classification of land uses.
In order to simplify land use regulations, land uses listed in this article and throughout this title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These general allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or Title 17 - Zoning
activity that may appropriately be within the classification. Each land use is described in Chapter
17.310 (Allowed use definitions).
The following rules apply to use classifications:
A. Special Use Regulations. Additional use regulations for special land uses are listed in Article IV (Standards for specific residential uses) and Article V (Standards for specific non- residential uses).
B. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this title.
C. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city.
D. Special Purpose Zoning District. When a property is located within a special purpose zoning district, the allowed use provisions of that special purpose zoning district shall prevail.
When a special purpose zoning district is silent on allowed use provisions, it defers the allowed use provisions to the base zoning district. Only where there is a conflict do the special purpose zoning district provisions prevail.
E. Similar Uses. When a use is not specifically listed in this Code, it shall be understood that the use may be permitted if the city planner determines that the use is similar to other uses listed based on established criteria and required findings outlined in Section 17.20.070 (Similar use determination). It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the city planner may make a similar use determination to compare a proposed use and measure it against those uses listed.
F. Overlay Zoning District. When a property is located within an overlay zoning district that regulates the allowed use provisions of that subject property, the allowed use regulations of the overlay zoning district shall prevail. When an overlay zoning district is silent on allowed use provisions, it defers to the allowed use provisions of the base zoning district.
Where there is a conflict between the base zoning district and the overlay zoning district, the regulations of the overlay zoning district shall prevail. (Ord. No. 430, 8 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.060 Allowed land uses and permit requirements.
Zoning district allowed use tables throughout this Article (Tables 17.22.030-1, 17.24.030-1, and
17.25.030-1) identify allowed land use and permit requirements in each of the city's base zoning districts. Generally, a use is allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the permit requirements of this title, other permits may be required prior to establishment of the use (e.g., building permit). The permitting requirements identified in these tables are:
52 Title 17 - Zoning
A. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, site plan review).
B. Conditional (C). A land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit from the decision- making authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, site plan review).
C. Not Permitted ('N"). A land use shown with an "N" in the table is not allowed in the applicable zoning district. Additionally, uses not shown in the table are not permitted. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.070 Similar use determination.
When a use is not specifically listed in this title, it shall be understood that the use may be permitted if the city planner determines that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, this section establishes the city planner's authority to compare a proposed use and measure it against those uses listed in this title for determining similarity. In determining "similarity" the city planner shall make all of the following findings:
A. The characteristics of, and activities associated with the proposed use, are equivalent to one or more of the listed uses, and will not involve a higher level of activity or population density than the uses listed in the district;
B. The proposed use will be consistent with the purposes of the applicable zoning district; and C. The proposed use will be consistent with the general plan and any applicable specific plan.
Determinations shall be made in writing and shall contain the facts that support the determination.
The department shall maintain all such determinations on record at the public counter for review by the general public. All recorded determinations shall be provided to the planning commission, city council, city manager, city attorney, and city clerk. The city planner's decision may be appealed as provided in Section 17.08.060 (Appeals). Interpretations shall be made consistent with the provisions outlined in Chapter 17.12 (Interpretation).
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.22 AGRICULTURAL AND RESIDENTIAL DISTRICTS
17.22.010 Chapter purpose.
The purpose of this chapter is to establish agricultural and residential zoning districts in the city, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the city's general plan agricultural land use categories (agricultural transition and agricultural/mineral resources) and residential land use categories (residential low density and residential medium density) as shown in Table 17.20.020-1 (Zoning districts). 53 Title 17 - Zoning
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.22.020 Characteristics of agricultural and residential zoning districts.
The following descriptions of each agricultural and residential zoning district identity the characteristic uses, intensity of uses, and level of development intended for that district.
A. Agricultural (A) Zoning District. This district is intended to preserve land for agricultural use and operations and to discourage the premature conversion of agricultural land to urban uses. The district allows for a range of agricultural and compatible uses on large tracks of land, such as raising and grazing of livestock, poultry, or other animals; growing and harvesting of trees, fruits, vegetables, flowers, grains, or other crops; storage, packing or processing of agricultural products produced on the property, without changing the nature of the products; sale on the property of products produced thereon, provided that such uses are carried on by residential use thereof, and are not a nuisance to the contiguous properties; and one-family dwellings and single guesthouses, with the renting of not more than one room.
B. One-family Dwelling (R-1) Zoning Districts. These single-family zoning districts are established to provide sufficient space in appropriate locations for single-family residential development to meet the needs of the city's present and expected future population with due allowance for the need for a choice of sites. There are three individual one-family districts as listed below. The general character of each of the districts intended to help guide development within the district, consistent with and accompanying applicable descriptions in the general plan as established by Table 17.20.020-1 (Zoning districts).
R-la One-Family Zoning District: This district should be applied to areas that are primarily residential, consisting of one-family dwellings. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
2. R-1b One-Family Zoning District: This district should be applied to areas that are semi- rural but primarily residential in nature and supportive of small-scale animal keeping.
Residential dwelling types consist of single-family dwellings. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
3. R-1c One-Family Zoning District: This district should be applied to areas that are primarily semi-rural in nature, consisting of single-family dwellings and supportive of small-scale animal keeping. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
C. Multiple-family Dwelling (R) Zoning Districts. These districts are established to provide sufficient space in appropriate locations for multiple-family residential development to meet the needs of the city's present and expected future population with due allowance for the need for a choice of sites. There are three individual multiple-family districts as listed below. The general character of each of the districts is intended to help guide development within the district, consistent with and accompanying applicable descriptions in the general plan as established by Table 17.20.020-1 (Zoning districts). 54 Title 17 - Zoning
1. R-2 Limited Multiple Family Dwelling Zoning District: This district should be applied to areas intended for the development of higher density single-family homes (attached or detached) and medium density homes, such as condominiums, duplexes, tri-plexes, and four-plexes, in addition to small apartment complexes. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
2. R-3 Multiple-family Dwelling Zoning District: This district should be applied to areas intended for the development of higher density single-family homes (attached or detached) and medium density homes, such as condominiums, duplexes, tri-plexes, and four-plexes, in addition to multiple-family housing, such as apartment complexes This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
3. R-4 High Density Multiple Family Zoning District: This district should be applied to areas intended for the development of larger, higher density multiple-family housing complexes, including apartments and condominiums. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
D. I Mobile Home Park (MP) Zoning District. This district provides for the development of mobile home parks and/or the placement of mobile homes on individual lots within an approved subdivision of lots to accommodate mobile homes as the primary dwelling unit.
The MP zone also allows for the development of associated support uses, such as community centers, parks, and common areas as part of both mobile home parks and mobile home subdivisions.
(Ord. No. 430, 82, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 55 Title 17 - Zoning
17.22.030 Allowed land uses and permit requirements.
Table 17.22.030-1 (Allowed uses and permit requirements for agricultural and residential zoning districts) below identifies allowed uses and corresponding permit requirements for the agricultural and residential zoning districts subject to compliance with provisions of this title.
Descriptions/definitions of the land uses can be found in Article VI (Glossary). Applicable regulations are identified in Table 17.22.030-1 to assist in identifying related regulations; however, this is not an exhaustive list of all applicable requirements and uses must comply with all application sections of the Zoning Code regardless of the identified related regulations.
Use regulations in the table are shown with representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted.
Table 17.22.030-1: Allowed Uses and Permit Requirements for Agricultural and Residential Zoning Districts Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM = Streamlined Ministerial Review
N - Not Allowed
Residential Uses
Adult Day Care Home SP SP SP SP SP SP
Accessory Dwelling Unit Chapter 17.112
Agricultural Employee Housing SP (a) Section 17.116.030; Chapter
17.114
Caretaker Housing
Dwelling, Multifamily SP SP SP Chapter 17.114
Dwelling, Single Family SP SP SP SP SP1 SP1
Dwelling, Two-Family SP SP SP SP SP SP Chapter 17.114, Chapter
17.118
56 Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1C R-2 R-3 R-4 MP Applicable Regulations P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM - Streamlined Ministerial Review
N = Not Allowed
Dwelling, Three- and Four-Family SP SP SP Chapter 17.114 Emergency Shelter Section 17.116.040; Chapter
17.114
Employee Housing SP SP Section 17.16.020
Family Day Care Home, Large hua Section 17.122.010
Family Day Care Home, Small 2uaa
SP Section 17.122.010
Group Residential Chapter 17.114
Home Occupations
Chapter 17.110
Live-Work Facility A ZZ a u a Chapter 17.114
Low Barrier Navigation Center Section 17.116.060, Chapter
17.114
Manufactured Home, Permanent SP Section 17.116.010
Manufactured Home, Non-Permanent
Mobile Home Park Z Z SP
Residential Care Home SP
" z
Single Room Occupancy (SRO) U
Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1C R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM = Streamlined Ministerial Review
N = Not Allowed
Supportive Housing SP SP SP SP SP SP SP SP
Section 17.116.050, Chapter
17.114
Transitional Housing SP SP SP SP SP SP SP SP Chapter 17.114 Qualified Streamlined Housing SM SM SM SM SM SM SM Chapter 17.114 Agriculture, Resource, and Open Space Uses
Agricultural Tourism SP
Animal Husbandry Title 6
Animal Keeping-Livestock Animals P 2,3 P 2,3 P 2,3 P 2,3 Chapter 6.06 (Equine and Bovine Animals)
Animal Keeping-Poultry/Rabbits, > 12 Z Z Chapter 6.08 (Poultry and animals
Rabbits)
Crop Production Z
Equestrian Facility, Commercial
Chapter 6.06 (Equine and
Bovine Animals)
Hog Farm, Commercial SP 5
Animal Keeping (Non-agricultural)
Animal Keeping-Domestic Pets Title 6
Animal Keeping-Exotic Animals a Title 6
Animal Keeping-Poultry/Rabbits. < 6 P 4 P 4 P 4 Z Z Chapter 6.08 (Poultry and animals Rabbits)
58 Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C - Conditional Use Permit
SM = Streamlined Ministerial Review
N - Not Allowed
Animal Keeping-Poultry/Rabbits, 6- C 4 C 4 SP 4 Chapter 6.08 (Poultry and 12 animals
Rabbits)
Kennels, Hobby SP Chapter 6.04 (Dog
Licensing and Control)
Equestrian Facility, Hobby SP Z Chapter 6.06 (Equine and Bovine Animals)
Recreation, Education, and Public Assembly Uses
Cemeteries, Mausoleums
Clubs, Lodges, and Private Meeting U U
Halls
Community Centers/Civic Uses
Community Garden U a
Indoor Fitness and Sports Facility UaZU
Libraries and Museums
Outdoor Commercial Recreation
Parks and Public Plazas
Public Safety Facility
Recreational Vehicle Parks
Religious Institutions ZU
U
59 Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM - Streamlined Ministerial Review
N = Not Allowed
Resource Protection and Restoration
Resource-Related Recreation
Schools, Private and Special/Studios SP SP
Schools, Public
Utility, Transportation, and Communication Use Listings Airport Z
Bus and Transit Shelters
Heliports
Park and Ride Facility Z Z U U
Public Safety Facility U U U U
Wireless Communication Facility U U U Chapter 17.210
Utility Facility and Infrastructure
Retail, Service, and Office Uses
Adult Day Care Facility Z Z U SP SP
Bed and Breakfast Inns U SP
Child Day Care Facility U
Kennels, Commercial SP Z Z Z Z Chapter 6.04 (Dog
Licensing and Control)
60 Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1C R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) - Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM = Streamlined Ministerial Review
N = Not Allowed
Medical Services, Extended Care SP
Medical Services, Hospitals
Residential Care Facility SP
Notes:
1. Single family dwellings are permitted provided the lot size does not exceed 4,000 square feet.
2. Maximum of four animals and their offspring per acre; hogs limited to a total of five and their offspring.
3. Consistent with Chapter 6.06 (Equine and bovine animals), such animals may be maintained provided the exterior boundaries of the pen or stable are at least 100 feet from any school, church, public building, hotel, restaurant, hospital, or other building specially designed or used for the care of the sick or injured or of a residence of any person other than the residence occupied by the owner of the animal or animals. If the distance from the pen or stable is less than 100 feet, then a conditional use permit shall be required.
4. Limit of 12 of any combination of such animals total. Pen must be setback a minimum of 50 feet of any dwelling or other building used for human habitation, 100 feet from the front lot line, and 100 feet from any public park, school, hospital, or similar institution. (Ord. No. 456, § 3, 2-7-2012 ; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 17.22.040 Development standards.
A. The following development standards in Table 17.22.040-1 (Development standards for agricultural and residential zoning districts) are applicable to the agricultural and residential zoning districts. These standards, along with other development standards (e.g., fences and walls, parking, sign standards) in this title, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. 61 Title 17 - Zoning
Table 17.22.040-1: Development Standards for Agricultural and Residential Zoning Districts Development Standard R-la R-1b R-1c R-2 R-3
R-4 MP
Setbacks (minimum)
Front 25 ft. 20 ft. 25 ft. 25 ft. 20 ft. 20 ft.
20ft. 20 ft.
Side 5 ft. 1,2 5 ft. 1,2 5 ft. 1,2 15 ft. 2 8 ft.2 5ft. 2 10 ft.
Side-Street Side of
Corner Lots 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 8 ft. n/a
Side-Second Story
Portions of Main 13 ft. 13 ft. 13 ft. 13 ft. 13 ft. 3
15 ft. n/a
Structures
20 ft. or 25% 25 ft. or 25%
of the depth of the depth of the depth
Rear 25 ft. of the lot, of the lot, 25 ft.
of the lot, 15 ft. 20 ft. 10 ft.
whichever is whichever is whichever is
less less less
Lot Size (minimum)
More than More than More than
one unit per one unit per one unit per
parcel: 4,000 parcel: 4,000 parcel: 6,000
Minimum Lot Size 10 acres 5,000 sf5 6,000 sf5 20,000 sf5 One unit per One unit per One unit per 3 acres
parcel parcel parcel
(condominiu (condominiu (condominiu
m, townhome, m, townhome, m, townhome,
etc.): 2,600 sf etc.): 2,600 sf etc.): 1,570 st
Density
Minimum Density n/a 2.1 du/acre 2.1 du/acre 0.1 du/acre 3.1 du/acre
7.1 du/acre 15.1 du/acre 7.1 du/acre
Maximum Density 1 du/parcel 7.0 du/acre 7.0 du/acre 2.0 du/acre 15.0 du/acre 15.0
15.0 du/acre 25.0 du/acre
du/acre
62 Title 17 - Zoning
Distance Between Buildings
Between Buildings for
6 ft. 6ft. 6 ft. 6 ft. 10 ft. 10 ft.
Dwelling Purposes 10 ft. n/a
Between Accessory
Buildings 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 4 ft.
4 ft. n/a
Height
Height (maximum) 35 ft./2.5 35 ft./2.5 35 ft./2.5 35 ft./2.5 35 ft./2.5 stories stories stories stories stories 45 ft./3 stories 45 ft./3 stories n/a Notes:
1. The combined side yard setbacks shall be not less than 12 feet.
2. Within required side yards, at least one side shall provide four feet of unobstructed surface so as to allow unobstructed access from front yard to rear yard.
3. Where an R-2 district shares a property line with an R-1 district, second story portions of main structures shall be located no less than 20 feet from such shared property
4. For development projects involving more than six dwelling units and that exceeding either 20 feet in height or are two stories or greater shall be setback from side and rear property lines no less than 50 feet.
5. In the R-1 zones, where a lot has an area of 12,000 square feet or more and with adequate provisions for ingress and egress, a Conditional Use Permit may be granted for the construction of additional one-family dwellings and allowable accessory buildings. However, the minimum site area shall be 6,000 square feet of lot area per each one-family dwelling.
63 Title 17 - Zoning
17.22.040 Development standards.
A. Recreation, Landscaping, Maintenance, and Roads and Parking Requirements for the MP District.
1. Recreation Space. The minimum recreation space shall be ten percent of the site.
2. Landscaping and Maintenance. All areas not used for access, parking, circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean, and sanitary condition.
3. Roads and Parking. All circulation roads shall be at least 25 feet from curb to curb and shall be increased in width by ten feet for curb parking space on each side of the street on which such curb parking is permitted, consistent with Chapter 12.08 of this code (Street construction standards) and amendments thereto. All roads and parking spaces shall be permanently paved. Two parking spaces or the equivalent thereof shall be provided for each mobile home site.
4. Modification of Requirements. The Approving Authority may modify requirements of this Chapter for an existing substandard park proposed to be enlarged or extended, provided that the modifications are limited to the extent that the overall improvements in the design or standards of such existing park will result.
B. Compatibility.
1. Where a residential use is required to be compatible with adjacent single family uses, a use shall be considered to be compatible if the use meets the following standards:
a. The front yard setback is within fifty (50) percent of the minimum required setback of the adjacent parcel with an existing single family use and such setback is maintained for a minimum of forty (40) feet of lot width. b. The side yard setback adjacent the existing single family use is a minimum of seven (7) feet.
c. The height of the structure does not exceed 20 feet along side or rear lot lines, or portions thereof, that are adjacent to an existing single family dwelling. The maximum height increases based on a setback plane that extends from the 20- foot height along the lot lines at 45 degree angle until the zone's maximum height is reached. A structure may not extend beyond a setback plane, except for:
i. A roof overhang or eave, up to two feet beyond the setback plane; ii. A chimney, vent, antenna, energy conservation or production equipment or feature not designed for occupancy; and
ili. Dormers, with a total horizontal length of not more than 15 feet on each side of the building, measured along the intersection with the setback plane.
2. Where a residential use is required to be compatible with an adjacent non-residential use, a use shall be considered to be compatible if the use meets the following standards:
64 Title 17 - Zoning
a. Adjacent to an agricultural use.
i. It adjacent agricultural operations requiring spraying of crops, setbacks are increased to 100 feet from the property line of the adjacent agricultural operation.
ii. If adjacent operations include animal keeping, animal husbandry, or an equestrian center, setbacks are increased to 100 feet from any accessory buildings for keeping animals and from any animal enclosures on the adjacent agricultural operation.
b. Adjacent to an existing commercial or industrial use. i. Outdoor activity areas shall be setback a minimum of twenty (20) feet from loading docks, mechanical equipment, and areas with vehicle loading or waiting zones and outdoor activity areas shall be oriented away from such commercial and industrial activities.
il. Ingress and egress locations for the residential use are oriented to not conflict with access to the existing commercial or industrial use.
3. For the purposes of this paragraph, adjacent means any parcel that borders an adjoining parcel. Parcels that are separated by roadways are not adjacent. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS
17.24.010 Chapter purpose.
The purpose of this chapter is to establish commercial and industrial zoning districts in the city, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the city's general plan commercial land use categories (central business district, neighborhood commercial, neighborhood commercial and highway commercial, general commercial) and industrial land use categories (light industrial, heavy industrial, surface mining) as shown in Table 17.20.020-1 (Zoning districts). (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.24.020 Characteristics of commercial and industrial districts.
The following descriptions of each commercial and industrial zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district.
A. Commercial (C) Zoning Districts. These districts are intended to designate property for commercial and office development. While primarily consisting of commercial retail uses, these districts also accommodate a variety of public and institutional uses. The general character of each of the districts intended to help guide development within the district, consistent with and accompanying applicable descriptions in the general plan as established by Table 17.20.020-1 (Zoning districts).
65 Title 17 - Zoning
1. C-T Commercial-Transition Zoning District: This district is applied to areas intended as a transitional land use category from existing residential uses to more intensive commercial uses. The designation respects the existing residential nature of the area but recognizes that market demands and land owner desires will drive conversion of the property to commercial office and/or retail. As such, existing residential uses are allowed to continue in perpetuity; existing homes may be remodeled, expanded, and/or replaced; and new homes on vacant lots may be built. Further, properties may be developed or redeveloped into commercial uses either through the conversion of residential structures to commercial operation or wholesale redevelopment of parcels with new commercial structures. The mixing of commercial and residential uses, either vertically or horizontally, on the same parcel is also permissible. Desirable commercial uses include office and retail that respects the existing residential character of the area, such as small medical offices (e.g., dental, chiropractic), small office professional uses, limited personal services (e.g., barber shop, nail salon), and limited retail uses (e.g., smaller tenant spaces). When residential uses are developed, the allowed density range is between 3.1 and 15.0 units per acre.
2. C-1 Light Commercial Zoning District: This district is applied to areas that consist primarily of light commercial uses and small office development. It additionally provides for public uses, clubs, institutions, and other similar uses.
3. C-2 Central Business District Zoning District: This district is applied to the central business district area as defined in the general plan. It consists primarily of a mix of pedestrian-friendly commercial and office development, public uses, clubs, institutions, and other similar uses. It also provides for multi-family residential uses.
4. C-3 Heavy Commercial Zoning District: This district is applied to areas that consist primarily of commercial uses. Uses in this district tend to be larger-scale commercial businesses and tourist-oriented services. Typical uses include large retail stores, entertainment, indoor recreational facilities, lodging, warehousing, wholesale trade, gas stations, and automobile sales and service. Office uses may also be allowed, but are not the predominant use.
B. Business Professional (BP) Zoning District. This district is characterized predominantly by office professional uses with minor, supporting commercial uses. This designation allows for a variety of office uses, including medical, legal, financial, and other professional and administrative offices. Other permitted uses may include small, accessory-level commercial uses that support principal office uses such as day care facilities, small eateries, and coffee shops.
C. Manufacturing and Industrial (M) Zoning Districts.
1. M-1 Limited Manufacturing Zoning District: This district is intended for low to medium- intensity industrial uses that involve the manufacturing, fabrication, assembly, or processing of primarily finished materials, which occur entirely within an enclosed building. These activities, along with supportive and complementary uses, such as storage, shipping, retail, wholesale, or sales operations, are allowed in this district. Uses 66 Title 17 - Zoning
in this district should pose limited environmental impact in terms of noise, odors, traffic, hazardous materials, and other health and safety risks. In addition, the development standards are designed to promote attractive development that is compatible with surrounding development. Sites designated for M-1 uses should be located on medium to large sites along highways, thoroughfares, arterials, or collectors adjacent to other office, industrial, or commercial uses. Residential uses of any kind are prohibited in this district with the exception of a caretaker residence. Development should be auto- accommodating with sufficient and clearly defined parking and loading areas.
2. M-2 Heavy Industrial and Mining Zoning District: This district is intended to accommodate a broad range of manufacturing and industrial uses that may occur inside or outside of a building or structure. Permitted activity may vary, ranging from medium to higher-intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials, including lumber, surface mining, and mineral extraction. Sites designated for heavy industrial uses should not be located near residential development. Furthermore, residential uses of any kind are prohibited in this district with the exception of a caretaker residence. Development design should limit noise, odors, traffic, hazardous materials, and other health and safety risks on adjacent non-industrial uses, as well as ensure safe, functional, and environmentally- sound development. Development should be auto-accommodating with sufficient and clearly defined parking and loading areas.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 67 Title 17 - Zoning
17.24.030 Allowed land uses and permit requirements.
Table 17.24.030-1 (Development standards for commercial and industrial zoning districts) below identifies allowed uses and corresponding permit requirements for the commercial and industrial zoning districts subject to compliance with provisions of this title.
Descriptions/definitions of the land uses can be found in Article VI (Glossary). Applicable regulations are identified in Table 17.22.030-1 to assist in identifying related regulations; however, this is not an exhaustive list of all applicable requirements and uses must comply with all application sections of the Zoning Code regardless of the identified related regulations.
Use regulations in the table are shown with representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted.
Table 17.24.030-1: Allowed Uses and Permit Requirements for Commercial and Industrial Zoning Districts Land Use/Zoning District C-T C-1 C-2 C-3 B-P. M-1 M-2 Applicable Regulations
P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM - Streamlined Ministerial Review
N = Not Allowed
Residential Uses
Adult Day Care Home SP
Agricultural Employee Housing
Caretaker Housing
Dwelling, Multifamily SP 1 Chapter 17.114
Accessory Dwelling Unit See Chapter 17.112
Dwelling, Single Family
Dwelling, Two-Family SP 1 Chapter 17.114,
Chapter 17.118
Dwelling, Three-and Four-Family SP SP 1 Chapter 17.114
Title 17 - Zoning
Emergency Shelter Z Z Z Z SP Section 17.116.040;
Chapter 17.114
Employee Housing Z Z Z SP Section 17.16.020
Family Day Care Home, Large U Z Z Z Z Chapter 6.06 (Equine and Bovine Animals)
Family Day Care Home, Small Z Z Z Chapter 6.06 (Equine
and Bovine Animals)
Group Residential Z Z Z Chapter 17.114
Home Occupations Z Z Z Z Chapter 17.110
Live-Work Facility - Z Z Chapter 17.114
Low Barrier Navigation Center ZIZ
Z Z Z Section 17.116.060,
Chapter 17.114
Manufactured Home, Permanent Z Z Z Z Z Section 17.116.010 Manufactured Home, Non-Permanent Z Z Z Z
Residential Care Home Z SP Z
Single Room Occupancy (SRO) SP Z Z Z
Supportive Housing SP(a) SP(a) Z Z Section 17.116.050,
Chapter 17.114
Transitional Housing SP SP Z Chapter 17.114
Qualified Streamlined Housing SM SM Chapter 17.114
Agriculture, Resource, and Open Space Uses
Agricultural Tourism
Animal Husbandry Title 6
Animal Keeping-Livestock Animals Z Chapter 6.06 (Equine and Bovine Animals)
Animal Keeping Z Z Z Chapter 6.08 (Poultry
Poultry/Rabbits > 12 animals and Rabbits)
69 Title 17 - Zoning
Crop Production
Equestrian Facility, Commercial Chapter 6.06 (Equine
and Bovine Animals)
Hog Farm, Commercial
Animal Keeping (Non-Agricultural)
Animal Keeping-Domestic Pets SP SP SP SP SP SP SP Title 6 Animal Keeping-Exotic Animals SP SP SP SP SP SP Title 6 Animal Keeping— Poultry/Rabbits 12 or Chapter 6.08 (Poultry less animals and Rabbits)
Kennels, Hobby SP SP Chapter 6.04 (Dog
Licensing and
Control)
Equestrian Facility, Hobby Chapter 6.06 (Equine
and Bovine Animals)
Recreation, Education, and Public Assembly Uses
Cemeteries, Mausoleums Z
Clubs, Lodges, and Private Meeting Halls U SP SP
Community Centers/Civic Uses z
Indoor Amusement/Entertainment Facility U a Z a
z
Indoor Fitness and Sports Facility
Libraries and Museums " Uz
Outdoor Commercial Recreation U
Parks and Public Plazas Z
Public Safety Facility a U
U U
Recreational Vehicle Parks luza
Z
Religious Institutions UlU
U
Title 17 - Zoning
Resource Protection and Restoration U
Resource-Related Recreation Z
Schools, Charter SP Z
Schools, Private and Special/Studios SP SP 4 SP 4 SP SP Z Schools, Public
Theaters and Auditoriums SP SP SP Z
Utility, Transportation, and Communication Use Listings Airport U
Broadcasting and Recording Studios SP SP SP SP SP Z
Bus and Transit Shelters SP SP SP SP SP SP
Freight Yard/Truck Terminal Z
Fuel Storage and Distribution Z
Heliports Z
Park and Ride Facility SP SP SP
Parking Facility SP SP SP
Public Safety Facility
U
Transit Facilities C5
Transit Stations and Terminals SP SP Z
Utility Facility and Infrastructure SP SP
Wireless Communication Facility U
Retail, Service, and Office Uses
Adult Day Care Facility SP SP SP Z
Adult Oriented Businesses U
Alcoholic Beverage Sales SP SP SP SP SP
Ambulance Service Z
71 Title 17 - Zoning
Animal Sales and Grooming
Banks and Financial Services ZZ
Bars and Nightclubs
Bed and Breakfast Inns SP
Building Materials Stores and Yards
Business Support Services SP
Child Day Care Facility
Convenience Stores zzn
Drive-in and Drive-through Sales and
Service
Equipment Sales and Rental
Grocery Stores/Supermarket ZZ
Home Improvement/ Hardware Store ZZZZZ
Hotels and Motels
Kennels, Commercial
Maintenance and Repair, Small Equipment
Medical Services, Extended Care ZZ
Medical Services, General
Medical Services, Hospitals
Mortuaries and Funeral Homes
Offices, Accessory
Offices, Business and Profesional
Personal Services
Residential Care Facility
Restaurants
Title 17 - Zoning
Retail, Accessory SP SP SP SP SP
Retail, General SP 6 SP SP SP Z
Smoke Shops C2 Z Z
Tattoo Parlors Z Z Z
Thrift and Consignment Stores and Pawn C6 SP Z
Shops
Veterinary Facility SP SP SP Z
Automobile and Vehicle Uses
Auto Vehicle Dismantling Z
Auto and Vehicle Sales and Rental Z Z
Auto and Vehicle Sales, Wholesale
Auto and Vehicle Storage ZZ| ZZ uü z
Auto Parts Sales Z
Z
Car Washing and Detailing Z
Service Stations UUU Z SP Z
Vehicle Services, Major SP Z
Vehicle Services, Minor U SP Z
Industrial, Manufacturing, and Processing Uses
Agricultural Products Processing Z U
Manufacturing, Major Z Z
Manufacturing, Minor Z C5
Manufacturing, Small Scale Z
Printing and Publishing
Recycling Facility, Collection
Recycling Facility, Processing C 5
73 Title 17 - Zoning
Recycling Facility, Scrap and Dismantling SP
Research and Development SP SP SP
Storage, Personal Storage Facility Sp 5 SP
Storage, Warehouse SP 5 SP
Storage, Yards SP SP
Wholesaling and Distribution SP
Notes:
1. Only allowed as mixed use development as residential in conjunction with and above ground-floor retail, service, or office uses.
2. Not to exceed 5,000 square feet.
3. Allowed only as an ancillary use, not to exceed ten percent of the primary structure footprint.
4. Only specialty studios and schools (e.g., ballet, yoga, art studios) not exceeding 5,000 square feet are allowed. All other public and private educational institutions, including elementary schools, business schools, secretarial and vocational schools, colleges, and conference centers, are prohibited.
5. Allowed provided the decision-making authority can find that adequate screening and landscaping is provided to sufficiently mitigate any possible adverse impacts, including, but not limited to, noise, odor, dust, or other objectionable influences.
6. Maximum tenant space 10,000 square feet.
7. Maximum tenant space 15,000 square feet.
(Ord. No. 475 , § 4, 12-15-2015; Ord. No. 435, § 4, 7-20-2010; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 74 Title 17 - Zoning
17.24.040 Development standards.
The following development standards in Table 17.24.040-1 (Development Standards for Commercial and Industrial Zoning Districts) are applicable to the commercial and industrial zoning districts. These standards, along with other development standards (e.g., fences and walls, parking, sign standards) in this title, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. Properties within the C-2 and C-3 zones and also within the historic overlay zone shall comply with the development standards provided in the downtown master plan.
Table 17.24.040-1: Development Standards for Commercial and Industrial Zoning Districts Development C-33
C-T C-1 C-23 BP M-1 M-2
Standard
Floor Area Ratio
Minimum
Floor Area n/a 0.25 0.5 0.25 0.35 0.25 0.10
Ratio
Maximum
Floor Area 1.5 1.0 3.5 1.0 1.5 0.75 0.75
Ratio
Allowed Residential Density
Minimum 3.1 du/ac - 7.1 du/ac
Maximum 25.0 du/ac - 25.0 du/ac
Setbacks (minimum)'
Front and
Street Side 15 ft. 10 ft. O ft. 20ft. 20 ft. 25 ft.
Side 5 ft. O ft. O ft. O ft. Oft. ft.!4 O ft. 1.4 O ft. 1,4 Rear O ft. Oft. ft.12 O ft. 1,2 0 ft. 1,2 Oft. 1,2 0 ft. 1,2 Oft. 1,2 Lot size (minimum)
Residential: No Residential: No No No No
5,000 s.f. Minimum 5,000 s.f. Minimum Minimum Minimum Minimum Minimum Lot Commercial:
Commercial:
Size
No No
minimum minimum
75 Title 17 - Zoning
Distance between Buildings
Distance
Between
Buildings on O ft.
the Same Lot
Height (maximum)
Height 45 ft./ 50 ft./4 50 ft./4 50 ft./4 50 ft./4 75 ft./6 75 ft./6 (maximum) 3 stories stories stories stories stories stories stories Notes:
1. As determined through site plan review, the city may require additional setbacks to ensure the general health, safety, and welfare of the community.
2. When the rear property line abuts a residential Zoning District, there shall be a 25-foot rear yard setback required. When there is an alley at the rear of such a lot, such a rear yard may be measured from the centerline of said alley.
3. Properties within the C-2 and C-3 zones and also within the historic overlay zone shall comply with the development standards provided in the downtown master plan.
4. When the side property line abuts a residential Zoning District, there shall be a 7-foot side yard required. (Ord. No. 460, § 3(Exh. A), 12-18-2012 ; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
Chapter 17.25 PUBLIC/QUASI PUBLIC DISTRICTS
Sections:
17.25.010 Chapter purpose.
The purpose of this chapter is to establish a public/quasi public zoning district in the city, along with allowed use and development standards applicable to this district. These districts are consistent with and implement the city's general plan open space category (open space), public uses category (public service), and recreation category (recreational) as shown in Table 17.20.020-1 (Zoning districts).
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.25.020 Characteristics of public/quasi public districts.
The following description of the open space zoning district identifies the characteristic uses, intensity of uses, and level of development intended for that district.
A. Open Space (O-S) Zoning District. This district is applied to properties found most properly to be preserved in a natural state and/or to provide open space buffer areas in which uses are restricted to recreational, conservation or light agricultural types, and including accessory and public service areas.
76 Title 17 - Zoning
B. Parks and Community Services (PCS) Zoning District. This district is intended to provide locations for parks, open space, natural resource areas, and other related compatible public services/uses. Both active and passive recreational activities are permitted.
Public Facilities (PF) Zoning District. This district is intended to provide a zoning district in the city for the establishment of public safety facilities (e.g., police stations, fire stations, hospitals), public schools (schools, colleges, and universities), and other public service facilities (e.g., sewer treatment plants, water treatment plants, utility substations). The intent of this district is to identify appropriate locations for these uses without impacting, disrupting, or otherwise removing other lands for residential or other uses. This district specifically implements the public service land use category of the general plan.
17.25.030 Allowed land uses and permit requirements.
Table 17.25.030-1 (Allowed uses and requirements for public/quasi public zoning districts) below identifies allowed uses and corresponding permit requirements for the public/quasi public zoning district subject to compliance with provisions of this title. Descriptions/definitions of the land uses can be found in Article VI (Glossary).
Use regulations in the table are shown with representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted.
Table 17.25.030-1: Allowed Uses and Requirements for Public/Quasi Public Zoning Districts Land Use/Zoning District O-S PCS PF Applicable Regulations Residential Uses
Section 17.116.030; Chapter
Agricultural Employee Housing SP SP N
17.114
Caretaker Housing C C
Agriculture, Resource, and Open Space Uses
Animal Keeping-Livestock SPI Chapter 6.06 (Equine and
Animals N N
Bovine Animals)
Chapter 6.06 (Equine and
Equestrian Facility, Commercial N SP N
Bovine Animals)
Animal Keeping (Non-agricultural)
SP Chapter 6.06 (Equine and
Equestrian Facility, Hobby N N
Bovine Animals)
Recreation, Education, and Public Assembly Uses
Cemeteries, Mausoleums N C SP
77 Title 17 - Zoning
Clubs, Lodges, and Private Meeting
N SP
Halls
Community Centers/Civic Uses C SP SP
Community Garden SP SP SP
Golf Courses/Clubhouse SP SP
Indoor Amusement/Entertainment
N SP SP
Facility
Indoor Fitness and Sports Facility N SP SP
Libraries and Museums
Outdoor Commercial Recreation N SP SP
Parks and Public Plazas N SP SP
Public Safety Facility N SP
Recreational Vehicle Parks N
Religious Institutions N N P
Resource Protection and
Restoration
Resource-Related Recreation SP SP N
Schools, Charter N N
Schools, Private and
N N
Special/Studios
Schools, Public P P P
Utility, Transportation, and Communication Use Listings Airport N N SP
Bus and Transit Shelters SP SP SP
Fuel Storage and Distribution N N SP
Heliports N SP SP
Park and Ride Facility N SP SP
Parking Facility N SP 2 SP
78 Title 17 - Zoning
Public Safety Facility N N SP
Transit Facilities N N SP
Transit Stations and Terminals N N SP
Wireless Communication Facility C C
Utility Facility and Infrastructure SP SP SP
Retail, Service, and Office Uses
Alcoholic Beverage Sales N SP SP
Ambulance Service N N SP
Medical Services, Hospitals N N SP
Offices, Accessory N SP SP
Restaurants N SP 2 SP
Retail, Accessory SP SP SP
Medical Services, Hospitals N N SP
Notes:
1. Such animals may be maintained provided the exterior boundaries of the pen or stable are at least 100 feet from any school, church, public building, hotel, restaurant, hospital, or other building specially designed or used for the care of the sick or injured or of a residence of any person other than the residence occupied by the owner of the animal or animals. If the distance from the pen or stable is less than 100 feet, then a Conditional Use Permit shall be required
2. Allowed provided it is ancillary to the primary use on site. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.25.040 Development standards.
The following development standards in Table 17.25.040-1 (Development standards for public/quasi public districts are applicable to the open space district. These standards, along with other development standards (e.g., fences and walls, parking, sign standards) in this title, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development.
Table 17.25.040-1: Development Standards for Public/Quasi Public Zoning Districts Development Standard O-S PCS PF
Setbacks (minimum):
Front 25 feet 15 feet 10 feet
79 Title 17 - Zoning
Street-side 25 feet 15 feet 15 feet
Interior and Rear 10 feet 10 feet 10 feet
Height (maximum) 40 feet 50 feet 50 feet
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.26 SPECIAL PURPOSE DISTRICTS
17.26.010 Chapter purpose.
The purpose of this chapter is to identify and provide reference to all special purpose districts within the city. Special purpose districts provide unique development regulations to subject property than may otherwise be granted through the application of any base zoning district provided by this title.
These districts are consistent with and implement the city's general plan special planning land use designation as shown in Table 17.20.020-1 (Zoning districts). There are two special purpose zones in the city as follows:
A. Specific plan zoning districts.
B. Planned development zoning districts.
(Ord. No. 423, § 2, 4-21-2009)
17.26.020 Specific plan zoning districts.
A. Purpose of the specific plan zoning district. The purpose of the specific plan zoning district is to designate unique planning areas within the city for which the city council has adopted or requires adoption of a separate planning document (a specific plan) consistent with the general plan and state law. The contents, requirements, and adoption and amendment procedures for specific plans are listed in section 17.10.130 (specific plans).
Designation. Specific plan zoning districts shall be delineated on the zoning map in a manner similar to that of any other zoning district except that each specific plan-zoned area shall also bear a name, number, symbol, or other delineation, as determined by the city planner, which distinguishes it from other specific plan zones, base zoning districts, or overlay zones.
The assignment of the specific plan zone designation serves to provide a reference to the corresponding specific plan zoning document adopted by ordinance of the city council.
Applicable zoning regulations and standards applicable to the land area shall be provided in the specific plan document, and shall be adopted by reference in this title.
C. Allowed uses. Allowed uses within the specific plan area are those listed uses in the adopted specific plan document. A specific plan may reference the allowed use provisions of a concurrent base zoning district contained in this title; however, in the event that there are conflicts between the provisions of the specific plan and this title, the specific plan shall prevail
80 Title 17 - Zoning
D. Development standards. Development standards within the specific plan area are those standards listed in the adopted specific plan. A specific plan may reference the development standards of this title, in which case the standards of this title shall apply.
Where a specific plan is silent regarding a city-wide standard (e.g., sign regulations), the city standard shall apply. Where a specific plan establishes unique standards that are in conflict with the standards of this title, the specific plan standards shall prevail. (Ord. No. 423, § 2, 4-21-2009)
17.26.030 Planned development zoning districts.
A. Purpose of the planned development district. The purpose of the P-D district is to provide procedures for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans and of those areas that require special planning to provide for appropriate planned development in harmony with their natural features and other environmental consideration. The contents, requirements, and adoption and amendment procedures for planned developments are listed in section
17.10.120 (Planned development).
B. Designation. Planned development zoning districts shall be delineated on the zoning map in a manner similar to that of any other zoning district except that each planned development-zoned area shall also bear a name, number, symbol, or other delineation, as determined by the city planner, which distinguishes it from other planned developments, base zoning districts, or overlay zones. The assignment of the planned development zone designation serves to provide a reference to the corresponding planned development zoning document adopted by ordinance of the city council. Applicable zoning regulations and standards applicable to the land area shall be provided in the planned development document, and shall be adopted by reference in this title.
C. Planned development areas adopted by reference. The following planned development areas have been adopted as part of this title by reference and are so designated on the zoning map of the city:
1. lone Memorial District;
2. Amador Water Agency: lone Water Treatment Plant;
3. Mule Creek State Prison, CDF Fire Training Facility, and Preston Youth Correctional Facility);
4. Jose's Place (adopted 1987);
5. Castle Oaks (adopted 1989, revised 2003, revised 2005); and
6. Wildflower (adopted 2005).
D. Allowed uses. Allowed uses within a planned development area are those listed uses in the adopted master plan document or as conditionally approved as part of the rezoning to planned development. A planned development master plan may reference the allowed use provisions of a concurrent base zoning district contained in this title; however, in the event 81 Title 17 - Zoning
that there are conflicts between the provisions of the master plan and this title, the master plan shall prevail.
1. When a master plan was not established as part of the establishment of a P-D zone (e.g., when a request for the zone change to P-D and for a use permit for all proposed developments was approved) and a use is proposed that was not covered in the previous approval, a conditional use permit shall be required for all subsequent development and uses or a master plan providing for a range of uses shall prepared and considered. The master plan shall be prepared consistent with the provisions of Section 17.10.120 (Planned development).
E. Development standards. Development standards within the planned development area are those standards listed in the adopted planned development master plan. A planned development may reference the development standards of this title, in which case the standards of this title shall apply. Where a planned development is silent regarding a city- wide standard (e.g., sign regulations), the city standard shall apply. Where a planned development establishes unique standards that are in conflict with the standards of this title, the planned development standards shall prevail. When a planned development does not establish development standards, the standards for the equivalent base zoning district shall apply as determined and formally interpreted by the city planner. (Ord. No. 423, § 2, 4-21-2009)
Chapter 17.28 OVERLAY DISTRICTS
Sections:
17.28.010 Chapter purpose.
The overlay zoning districts established in this chapter are designed to supplement the use regulations and/or development standards of the applicable underlying base zoning district by recognizing distinctive areas of the city that have special and unique social, architectural, or environmental characteristics that require special considerations not otherwise adequately provided by the underlying base zone applicable to the property. The application of these overlay zoning districts emphasizes the need for special attention in planning projects in the area governed by the overlay.
The provisions of this chapter shall apply to all parcels of land located within the designated boundaries of an overlay district as illustrated on maps contained in this chapter and on the city zoning map. On the zoning map, overlay zoning districts shall be designated by their representative symbol along with the base zoning district in a format determined by the city planner. In the event of a conflict with the regulations of the underlying base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply. This district is consistent with and implements the city's general plan special planning land use designation as shown in Table 17.20.020-1 (Zoning districts).
82 Title 17 - Zoning
(Ord. No. 423, § 2, 4-21-2009)
17.28.020 Historic overlay (H) district.
A. Purpose and Intent. The purpose of the historic overlay (H) zoning district is to establish an area in the city specifically for the protection, enhancement, and preservation of the historic downtown. The historic overlay (H) zoning district is intended to be a special place with unique historical and aesthetic interest and value. It will enhance the cultural and economic standing of the city by preserving its unique architectural heritage. This overlay district supplements the provisions of the underlying base zoning districts) for the special purposes identified herein. Where there is conflict between this overlay district and the underlying base district, the overlay district regulations prevail.
B. Applicability.
1. The historic overlay (H) zoning district standards are applicable to those properties zoned with the historic overlay (H) zoning district. Such properties generally fall within lone's downtown, on the portion of Main Street situated between the intersection of lone Street on the east and Sacramento Street on the west. The historic overlay (H) Zoning District provides design standards and guidelines, but does not establish allowed uses that are distinct from the base zoning district; therefore, when a property is located in the historic overlay (H) zoning district, the allowed use regulations of the base zoning district shall prevail. The historic overlay district (H) builds on the base zoning district setback and height regulations, and it only establishes provisions for design and signage. In some cases, these design provisions may contradict and as such shall prevail over the development standards of the base zoning district. The historic overlay (H) zoning district is primarily targeted at development and design standards and guidelines. When there is a conflict between the base zoning district and the overlay zoning district, or when the historic overlay (H) zoning district provides development standards the base zoning district is silent on, the regulations of the historic overlay (H) zoning district shall prevail.
2. Architectural Design Review Required. All development and redevelopment of property within the historic overlay (H) zoning district requires architectural design review as provided in Section 17.10.100 (Architectural design review for historic overlay).
Architectural design review occurs at one of two levels: Administrative architectural design review or comprehensive architectural design review. The distinctions between these levels of review are as defined in Section 17.10.100 (Architectural design review for historic overlay).
3. Exemption for Residential Development. The design provisions of the historic overlay (H) zoning district, including the requirement for architectural design review, are applicable to all types of development in the historic overlay (H) zoning district.
However, those buildings used exclusively and solely for residential uses (e.g., single family residential) are hereby exempted from the requirement of architectural design review. Buildings that provide for the mixing of residential and non-residential uses in a single structure (e.g., mixed use) do not qualify for this exemption. 83 Title 17 - Zoning
C. Development Standards. Development within the historic overlay (H) zoning district shall comply with the development standards contained in the downtown master plan as adopted by resolution of the city council.
(Ord. No. 460, § 3(Exh. A), 12-18-2012 ; Ord. No. 423, § 2, 4-21-2009)
17.28.030 Downtown residential overlay district.
A. Purpose and Intent. The purpose of the downtown residential overlay (DR) zoning district is to recognize and validate existing residential structures that were constructed prior to adoption of current zoning regulations and development standards. This overlay district supplements the provisions of the underlying base zoning districts) for the special purposes identified herein. Where there is conflict between this overlay district and the underlying base district, the overlay district regulations prevail.
B. Applicability.
1. Location. The downtown residential overlay (DR) zoning district standards are applicable to those properties zoned with the downtown residential overlay (DR) zoning district. Such properties are generally south of Sutter Creek, east of Mill Street, north of Washington Street, and west of El Dorado Street, including those properties north of West Market Street and East Market Street (generally abutting the historic downtown overlay zoning district) and excluding those properties zoned central business district (C-2) and heavy commercial (C-3).
2. Existing Residential Structures. This section applies to existing residential structures with a base zoning of R-la, R-1b, or CT, as defined in Section 17.28.030(C)(1).
3. Existing Vacant Properties. This section applies to existing vacant properties with a base zoning of R-1a or R-1b.
4. Uses. When a property is located in the downtown residential overlay (DR) zoning district, it is subject to the allowed use regulations of the base zoning district.
C. Definitions.
1. Existing Residential Structures. For purposes of this section, existing residential structure means an existing primary residential structure, secondary residential structure, or accessory structure within the downtown residential overlay (DR) zoning district that were in existence or for which a valid building permit had been obtained as of the effective date of this section and were not known to have been constructed or modified in conflict with the city's zoning, building, or other requirements.
2. Repair and Maintenance. For purposes of this section, repair and maintenance includes all typical maintenance and repair as may be required, including both interior and exterior maintenance, repair, renovation and/or improvement, which do not materially alter the exterior structure or increase the size of the structure or its appurtenances. 84 Title 17 - Zoning
3. Reconstruction. For purposes of this section, reconstruction means the substantial rebuilding of a structure which was damaged or destroyed through an unanticipated event.
4. Expansion. For purposes of this section, expansion means an increase in the square footage of an existing residential structure or an increase in or the addition of appurtenances such as porches and decks.
D. Repair and Maintenance, Reconstruction, Expansion, and New Construction.
1. Repair and Maintenance. For the purposes of this section, repair and maintenance of an existing residential structure does not trigger the need to comply with parking requirements, setbacks and required separations between structures as defined in Section 17.22.040 of the lone Municipal Code.
2. Reconstruction. For the purposes of this section, in the event of damage to or destruction of an existing residential structure, reconstruction within the previously existing footprint does not trigger the requirement to comply with parking requirements, setbacks, or required separation between structures as defined in Section 17.22.040 of the lone Municipal Code.
3. Expansion. For the purposes of this section, expansion of an existing residential structure is allowed, subject to the development standards set forth in Table 17.28.030- 1, below, and subsection E, parking, below.
Table 17.28.030-1: Development Standards for the Downtown Residential Overlay (DR) Zoning District
Downtown Residential Overlay (DR)
Zoning District
Development
Standard R-1a and R-1b Single-Family All Other
Zoning Dwellings Within the C-T Development in
Districts Zone the C-T Zone
Setbacks (minimum) 1,2
Front and street The average of the existing setbacks on the side same block
Interior side 3 feet one side, 3 feet second side
See development standards of the
Rear 3 feet
C-T Zone
Minimum lot size 3 4,000 square feet
Allowed residential
density 4
Minimum 2.1 du/ac
85 Title 17 - Zoning
Maximum 7.0 du/ac
Height (maximum) 5 45 feet/3 stories
Notes:
1. Minimum setbacks and construction standards for fire-rated walls shall apply as prescribed in the city-adopted building code and other applicable regulations.
2. No structure shall be located within the clear vision triangle as defined by this title.
3. Minimum lot size requirement is for the creation of new lots only. All existing lots as of the date of adoption of this section shall be deemed legal lots and may be used and developed consistent with the development standards of this title.
4. Allowed residential densities shall be consistent with the underlying general plan land use designations for the property; however, consistent with the underlying base zoning district, each legal lot within the downtown residential overlay (DR) zoning district shall be permitted one single-family residence, regardless of existing parcel size.
5. The height of any accessory structure shall not exceed the height of the primary structure.
E. Parking. The following parking standards shall apply to the downtown residential overlay (DR) zoning district:
1. New single-family dwellings shall provide at least one uncovered, covered, or enclosed off-street parking space (e.g., driveway or garage), for each 1,000 square feet of primary structure, or fraction thereof;
2. All other uses shall provide off-street parking as required under Chapter 17.40 (Parking).
3. Existing dwelling units without off-street parking shall be deemed conforming with downtown residential overlay (DR) zoning district parking standards. (Ord. No. 477, 81, 4-19-2016)
86 Title 17 - Zoning
ARTICLE III. SITE PLANNING STANDARDS
Chapter 17.30 BUILDING HEIGHT MEASUREMENT AND PROJECTIONS Sections:
17.30.010 Purpose.
The purpose of this chapter is to provide the rules for determining and calculating height of structures within the city. Additionally, it includes exceptions to the height requirements of the underlying zoning district based on use type and features. The intent of these regulations is to provide for compatibility of building height when adjacent lots have different maximum height limits or there are different grade levels between a development site and its adjacent roadway. (Ord. No. 423, § 2, 4-21-2009)
17.30.020 Definitions.
Terms unique to this chapter are listed in chapter 17.300 (Glossary of terms). (Ord. No. 423, §2, 4-21-2009)
17.30.030 Height regulations.
Except as otherwise provided by this chapter or any other provisions of this title, all structures shall be limited to the maximum height identified in the underlying (or applicable overlay) zoning district as identified in Article II (Zoning districts, allowed uses, and development standards), to the maximum height allowed for accessory structures as identified in Chapter 17.38 (Accessory structures), or to the maximum height allowed for wireless communication facilities as identified in Chapter 17.210 (Wireless communication facilities). The height provisions for buildings or structures shall be interpreted so that both the limitation as to the number of stories and the limitation of the height in feet shall both apply when both standards are listed.
(Ord. No. 423, 82, 4-21-2009)
17.30.040 Height measurement.
The height of a structure shall be measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure
17.30.040-1 (Measurement of Height).
87 Title 17 - Zoning
Figure 17.30.040-1: Measurement of Height
magmary plane parallel
to natural grede...
Maximum
height
Maximum
height
Not to scale
(Ord. No. 423, § 2, 4-21-2009)
17.30.050 Height exceptions.
Exceptions to the height regulations are as follows:
A. General height exception. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, steeples, roof signs, or other structures shall exceed the height limit provided in this title, except wireless communication facilities as provided for in Chapter 17.210 (Wireless communication facilities). Radio and television masts, flagpoles, chimneys, and smoke stacks may exceed not more than 30 feet above the height limit provided in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. (Ord. No. 423, § 2, 4-21-2009)
Chapter 17.32 YARD MEASUREMENT AND PROJECTIONS
Sections:
17.32.010 Purpose.
The purpose of this Chapter is to establish rules and regulations for setback measurement, yard areas, and encroachments. These provisions, in conjunction with other applicable provisions of this Title, are intended to ensure open areas around primary structures, maintain clear visibility for traffic safety and pedestrian access, buffer between property and land uses, and establish natural and visual light and air space privacy, landscaping, and recreation. (Ord. No. 455, § 5, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009) 88 Title 17 - Zoning
17.32.020 Definitions.
Terms unique to this chapter are listed in Chapter 17.300 (Glossary of Terms). (Ord. No. 455, § 5, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.32.030 Yard and setback regulations.
A. Required Yard Area. Except as otherwise specified in this title, required yard areas shall be kept free of buildings and structures.
Vertical Clearance. Except as otherwise provided in this title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted C. Lots Abutting Two or More Streets. In the case of a lot abutting two or more streets, the primary structures and accessory buildings shall be erected so as not to encroach upon the required yards adjacent to any of the streets.
D. Double Frontage Lots. On double frontage lots, both property lines separating the lot from a street are considered front lot lines.
1. Interior double frontage lot. On an interior double frontage lot, the minimum front yard setback for each front yard shall be the average of the front yard depths of the adjacent lots on each side, if such lots are developed. If one or both of the adjacent lots are undeveloped, the required front yard setback is 20 feet.
2. Corner double frontage lot. On a corner double frontage lot, the primary structure may be oriented toward any of the property lines. However, the distance between the front of the primary structure and the property line shall be not less than 20 feet.
3. Lot depth of 125 feet or more. Where a double frontage lot has a depth of 125 feet or more, the lot may be developed with two primary structures, with the front yard setbacks determined as provided above (D.1., D.2.) and a 20-foot minimum separation between the primary structures. Such separation shall be maintained as a rear yard for each primary structure of not less than 10 feet, measured from the furthest portion of the rear elevation of each primary structure.
E. Lot Area, Depth, Width, and Setback Reduction. At the time of plan check for the first primary structure to be constructed on a lot, where a lot area or a lot width, depth, or setback has been reduced for an existing legally created lot by not more than 15 percent as a result of acquisition or dedication for a highway, road, drain, or other public purpose, as a result of dedication pursuant to a condition of approval, the lot area or yard so reduced may be included in determining compliance with lot area or yard requirements in the same manner as if the acquisition or dedication has not taken place.
Setback Measurement. The setback of all buildings and structures shall be determined by the exterior boundaries of the streets and highways and their proposed widening and extensions as indicated on the circulation plan roadway system and sizing map of the city's general plan. The width of any street or highway that does not appear in the circulation 89 Title 17 - Zoning
plan shall be determined from the standards for street widths and improvements set forth in the city's improvement standards.
(Ord. No. 455, § 5, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.32.040 Allowed encroachments/projections into required yards.
Where yards are required in this title, they shall be not less in depth or width than the minimum dimensions specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:
A. Cornices, canopies, eaves, chimneys, or other similar architectural features not providing additional floor space within the building may extend from the structure not more than two feet into a required front, side, or rear yard and shall not be less than two feet from any property line.
B. Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend from the structure not more than six feet into a required front, side, or rear yard and shall not be less than two feet from any property line; provided, however, that an open work railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place.
C. Detached accessory buildings may occupy side and rear yards as provided in Chapter 17.38 (Accessory Structures).
D. Window bays, including roof overhangs, having a minimum surface area of 50 percent glass, may encroach two feet into the required yard area when the finished floor of the window bay is at least 15 inches above the finished floor of the room.
E. For single-family residential development, a portion of the primary structure may project into the required rear yard area, provided that an equal area of the buildable portion of the lot (this area can be anywhere on the lot) is provided as a yard or court. See Figure
17.32.040-1 (Single-Family Encroachment)
90 Title 17 - Zoning
Figure 17.32.040-1: Single-Family Encroachment
Portion of addition Area equal to
that encroaches into Rear Yard encroachment
required Rear Yard provided as yard
within buildable
area of lot
+
Addition to
Single-family
home
Existing
Single Family Home
Buildable Area
P / S / 900 / 20E / NW / 1,8
Public Street
(Ord. No. 455, § 5, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009) Chapter 17.34 PROPERTY AND UTILITY IMPROVEMENT
17.34.010 Purpose.
The purpose of this chapter is to establish rules and regulations that govern the installation of curbs, gutters, and sidewalks and the undergrounding of all utilities in the city. These provisions, in conjunction with other applicable provisions of this title, are intended to establish standards of development in all new industrial, commercial, residential subdivisions and infill projects. (Ord. No. 423, § 2, 4-21-2009)
17.34.020 Curbs, gutters, and sidewalks.
Installation of curbs, gutters, and sidewalks shall be required for all new development projects, including new industrial, commercial, residential subdivisions and residential infill projects, subject to the following provisions:
A. The requirement for sidewalks for an infill project may be waived by the planning commission during the project review process if the planning commission determines, 91 Title 17 - Zoning
based on discussions with the city engineer and the city planner, that continuous sidewalks within the area in which the infill project is located are not feasible and/or necessary. Where no other planning commission review of the project is required, sidewalk installation requirements may be waived through a variance procedure as described under Section
17.10.070 (Variance).
B. The requirement for curb and gutter improvements for an infill project may be waived by the planning commission during the project review process if the planning commission determines, based on discussion with the city engineer, that such improvements are not and will not be necessary within the project vicinity. Where no other planning commission review of the project is required, curb and gutter installation requirements may be waived through a variance procedure as described under Section 17.10.070 (Variance).
C. Specific streets where the city will not require curb, gutter and/or sidewalk improvements may be designated through action of the city council, based on discussion with the city engineer and city planner and recommendation of the planning commission. (Ord. No. 423, § 2, 4-21-2009)
17.34.030 Underground utilities.
The following provisions govern the undergrounding of public utilities:
New developments. In new development areas (e.g., greenfield) of the city, all on-site utilities including, but not limited to, electrical (69kV or less), telephone, cable television, and similar distribution lines shall be installed underground. The city council may grant exceptions for new residential projects as part of the proposed development application.
See Chapter 16.24 (Improvements).
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.36 FENCES AND WALLS
Sections:
17.36.010 Purpose.
This chapter provides regulations for the installation, construction, and placement of fences on private property. For the purposes of this zoning code, the term "fence" includes fences or walls. It is the intent of this chapter to regulate the height and location of fences to provide light, air, and privacy without obstructing views, to establish buffers between different land uses, and to safeguard against visual obstructions at the intersections of streets and/or driveways. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 92 Title 17 - Zoning
17.36.020 Permit requirements and exceptions.
Unless otherwise listed as exempt below, site plan review approval shall be required for fences and walls. The following fences and walls are exempt from site plan review approval, or land use or development permit approval.
A. Retaining Walls. Retaining walls less than 36 inches in height, provided that they are designed and constructed with an appearance similar to the buildings and other structures on the site, with compatible colors, finishes, and materials.
B. Residential Fences. Fences located on residential property constructed in compliance with the provisions of this chapter.
C. Required Fences. The provisions of this chapter shall not apply to a fence or wall required by any law or regulation of the city (including temporary construction site fencing), state, or any agency thereof (including the board of education).
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.36.030 Location and height restrictions.
A. Maximum Allowed Heights. Fences and walls in the agricultural and residential zoning districts and for residential uses in the commercial transition zoning district shall not exceed the maximum heights in the corresponding required yard area as shown Table 17.36.030-1 (Maximum height of fences and walls in required yard area) and Figure 17.36.030-1 (Front and street side setback areas).
Table 17.36.030-1: Maximum Height of Fences and Walls in Required Yard Area Location or Minimum Maximum
Location of Fence/Wall
Setback of Fence Height! 2
Determined by Zoning
Required Front Yard Area 4 feet
District
Required Rear and Interior Side Yard Area (Along Rear and 0 feet 6 feet
Interior Property Lines)
Required Street Side Yard Area 5 feet 3,6 6 feet
At intersections of streets, alleys, and driveways within the 4 30 inches
Clear Vision Triangle
All other areas of lot 5
Notes:
1. As part of site plan review or other discretionary entitlement, the decision-making authority may grant additional height to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation.
2. The agricultural zoning district may have fences within the required front yard area to a maximum height of six feet, provided the fencing is open-view type.
93 Title 17 - Zoning
3. Setback area for street side yard is measured from back of sidewalk to the fence. In the event that no sidewalk has been constructed, the setback area shall be measured from five (5) feet from the edge of right-of-way to the fence.
4. See definition of clear vision triangle in Section 17.300.020 (General definitions).
5. For all other areas of the lot, see applicable standards of Chapter 17.38 (Accessory structures).
6. Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot (ie., a "key lot" situation), the maximum fence height shall be six feet. (See Figure 17.36.030-1 Front and Side Street Setback Areas.)
Figure 17.36.030-1 Front and Side Street Setback Areas
face of Curb Property Line
-m Front Setback Width
Determined by Zoning District
Figure 17 36 030-1 - Front
and Street Side Setback Reversed
Areas jpa Corner Lot
Type: JPG File
Size: 34.8 KB
Dimension: 613 x 395 pixels
Street Side Corner Lot
Key Let
Setback Area
interior Lot
Comer Lot Interior
Key Los
Reversed
Comer lot
Street Side
Front Setback Width Setback Area
Determined by Zoning District
B. Height Measurement. Fence height shall be measured from the finished grade at the base of the fence to the uppermost part of the fence, except when there is a difference in the ground level between two adjoining parcels of two feet or more, the fence height shall be measured on the side with the highest finish grade. See Figure 17.36.030-2 (Measurement of fence height on parcels with different elevations).
94 Title 17 - Zoning
Figure 17.36.030-2: Measurement of fence height on parcels with different elevations Fence
- Retaining wall
Highest finished grade (= 2 lect)
Lowest finished grace
C. Location. Fence location on any lot shall be in conformance with these standards, unless a more restrictive standard has been adopted as a development standard for the subdivision in which the lot is located.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.36.040 Fence and wall design standards.
A. Open View Fencing. Where fencing is proposed along public frontages of non-residential and multifamily projects, such fencing shall be open view unless otherwise required to be solid for noise attenuation. Open view fencing shall also be required when located adjacent to open space areas. However, open view fencing for side yards of corner lots abutting open space areas may be designed with privacy fencing.
Fencing Materials. Fences and walls shall be constructed of attractive, long-lasting materials (e.g., masonry, wood, tubular steel, or stone).
C. Prohibited Fencing Materials. Unless approved as a condition of approval or in conjunction with another entitlement, walls or fences of sheet or corrugated iron, sheet steel, concertina wire or sheer aluminum, are prohibited. Barbed wire fencing shall not be constructed or placed on top of a fence except where properly used for agricultural, open space, or industrial uses.
D. Graffiti-Resistant Surface. Graffiti-resistant aesthetic surface treatment, where deemed appropriate to the location, shall be required for all masonry walls. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.36.050 Special fence and wall requirements.
A. Screening of Outdoor Storage. Outdoor storage within commercial and industrial zoning districts (including all dumpsters, commercial items, commercial construction or industrial 95 Title 17 - Zoning
related materials and equipment within commercial zones) shall be fenced or screened from view in a manner that is attractive and complementary to the principal use and/or structure that it serves. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms, so that no outdoor storage is visible from any public right-of- way, parks, public trails, and adjacent properties.
B. Special Fencing for Company Vehicles in Industrial Zones. In industrial zones, company vehicles less than one ton do not require screening and may be parked behind the required landscape area with or without security fencing, as set forth in this article. Company vehicles exceeding one ton that are permitted on the public highways and used in the daily operation of the company may be parked within the buildable portion of the lot without screen fencing. All company vehicles that exceed one ton and are either not permitted on the public highways or not used in the daily operation of the company shall be fenced or screened from view in a manner that is attractive and complementary to the structure it serves. The method of screening or fencing shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.
C. Special Fencing for Agricultural Land Uses. All fences which enclose livestock shall be constructed of an adequate height and shall be designed so as to control and contain such livestock at all times.
D. Fencing for Pools, Spas, and Similar Features. Swimming pools, spas, and other similar water features shall be fenced in compliance with city-adopted building code requirements.
E. Special Screening for Commercial and Industrial Uses Adjacent to Residential and Agricultural Zones. Commercial and industrial uses shall be screened from adjacent residential and agricultural zones or when necessary as determined by the decision-making authority as follows below, provided that screening between mixed-uses that consist of residential and non- residential uses need not be screened from adjacent commercial uses, unless otherwise required by the decision-making authority. The city encourages the integration and connection of compatible uses and to that end, this requirement is not intended to preclude the development of pedestrian/bicycle access points between commercial and residential zones.
1. The screening wall shall be a solid masonry wall with a minimum height of six feet and shall also consist of plant materials (e.g., vines or other living plant cover on the wall).
2. A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall on the commercial or industrial side.
The decision-making authority may waive or approve a substitute for the requirements above if it is determined that:
a. The relationship of the proposed uses makes screening unnecessary or undesirable; b. The intent of this section is successfully met by alternative screening methods; and/or c. Physical characteristics and/or constraints on the site make required screening infeasible or unnecessary.
96 Title 17 - Zoning
F. Screening of Commercial Loading Docks and Refuse Areas. Loading docks and refuse storage areas shall be screened from public view, adjoining public streets and rights-of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style. Exceptions may be permitted through site plan review for sites with unique characteristics (e.g., shallow lot depth, adjacency to single family residential).
G. Temporary Fences. Nothing in this chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the building code and other applicable provisions of the City Municipal Code.
H. Maintenance. Fences and walls shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.38 ACCESSORY STRUCTURES
Sections:
17.38.010 Purpose.
The purpose of this chapter is to identify and regulate detached accessory structures to ensure that such structures do not create a public safety issue or public nuisance and do not create an adverse aesthetic from street right-of-ways or adjacent/neighboring properties. The intent of these regulations is to complement the requirements and standards of the city's adopted building code and fire code.
(Ord. No. 455, § 6, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.38.020 Definitions.
Terms unique to this Chapter are listed in Chapter 17.300 (Glossary of Terms). (Ord. No. 455, § 6, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.38.030 Permit requirements and exceptions.
Generally, no special planning permit or entitlement shall be required for accessory structures that are consistent with the standards herein, except that zoning clearance/plan check shall be conducted in the event that a building permit is required. Even if a building permit is not required a planning permit or entitlement may be. Certain structures may require site plan review, variance, or other permits or entitlements as specified in Chapter 17.10 (Permit and Entitlements). (Ord. No. 455, § 6, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009) 97 Title 17 - Zoning
17.38.040 Development standards.
A. General Development Standards for All Accessory Structures. The development standards in this section shall only apply to accessory structures. Primary structures, and any other feature attached to the primary structure (eg. patio cover), are subject to the setback, height, and other requirements for the zoning district in which they are located.
1. Setback Measurement. Minimum setback distances for accessory structures from property lines and between all structures shall be measured to any portion of the structure(s), inclusive of overhangs, projections, railings, etc..
2. Construction Phasing. Accessory structures may be constructed only in conjunction with or after construction of the primary building(s) on the site. However, in agricultural and residential zoning districts, accessory structures may be constructed prior to the primary residential dwelling.
Maximum Coverage. The total size of all accessory structure(s) on a lot may not exceed 30 percent of the actual rear yard area.
B. Development Standards by Type of Accessory Structure. Table 17.38.040-1 (development standards for accessory structures) establishes development standards based on the type of accessory structure as defined in Chapter 17.300 (Glossary of Terms).
Table 17.38.040-1 Development Standards for Accessory Structures Minimum Setback Distance From Property
Line Minimum
Accessory Distance Maximum
Structure Interior Between Height
Street
Front (including Structures
Side
rear)
Accessory
Buildings
≤ 120 s.f. and < 8 60% or 90 ft., 10 ft. 3 3 ft. No minimum 5 8 ft. ft. tall whichever is
less 2
≤ 120 s.f. and ≥ 8 60% or 90 ft., 10 ft. 3 5 ft. No minimum 5 16 ft. ft. tall whichever is
less?
> 120 s.f. and 60% or 90 ft., 10 ft. 3 5 ft. No minimum 5 35 ft./2 fully enclosed whichever is stories
loss 2
> 120 s.f. and 60% or 90 ft., 10 ft. 3 5 ft. No minimum 5 35 ft./2 w/limited/no whichever is stories
enclosure less 2
Landscape No minimum 10 ft. 3 ft. No minimum 5 16 ft.
Features
98 Title 17 - Zoning
Pools/spas Same as for 5 ft. 4 5ft. 4 5 ft. 16 ft.
Primary
Structure
Deck/Patio No minimum No No minimum No minimum 5 No minimum minimum
Play Equipment Same as for 10 ft. 3 ft. No minimum 5 16 ft.
Primary
Structure
Notes:
1. Detached garages may be attached to a primary structure and may encroach into the required rear yard for the primary structure by not more than 15 feet if:
• It is less than 600 square feet in area;
• It shares a common wall of not less than five feet in length with the primary structure or is not located not more than six feet from the primary structure; and
• It is connected to the primary structure by a roof of not less than five feet in width.
2. An accessory structure may be located within the front 60 percent of the lot if it is screened from view by a fence or landscaping and is located a minimum of ten feet behind said screening.
3. On reverse corner lots, the street side yard setback shall be the same as the front yard setback for the adjacent key lot.
4. Measurement form water's edge. Related equipment shall be setback a minimum of three feet from all side and rear property lines.
5. See the city-adopted building code for separation requirements. (Ord. No. 463, § 3, 6-16-2013 ; Ord. No. 455, § 6, 12-6-2011 ; Ord. No. 423, § 2, 4-21- 2009)
Chapter 17.40 PARKING
17.40.010 Purpose.
This chapter establishes regulations, which provide for safe, attractive, and convenient off-street parking and loading and to ensure that parking areas are compatible with surrounding land uses. (Ord. No. 423, § 2, 4-21-2009)
17.40.020 Applicability.
No structure shall be constructed, enlarged or increased in capacity, or the use changed or increased in intensity, unless off-street parking spaces for automobiles are permanently provided and maintained for the benefit of residents, employees, customers and visitors, within or outside of buildings or in a combination of both, in accordance with the requirements listed in this chapter.
Off-street parking and loading provisions of this chapter shall apply as follows:
A. New development. For all buildings or structures erected and all uses of land established after the effective date of this title, parking for vehicles and bicycles, and loading facilities shall be provided as required by this chapter.
99 Title 17 - Zoning
B. Change in use. When the use of any building, structure, or premises is changed, resulting in an increase of more than ten percent in the required number of off-street parking spaces, additional off-street parking shall be provided consistent with Section 17.40.050 (Number of parking spaces required).
C. Change of occupancy. Where a new business license is required, additional parking spaces shall be provided if the new occupancy would result in an increase of more than ten percent in the required number of off-street parking spaces.
D. Modification to existing structures. Whenever an existing building or structure is modified such that it creates an increase of more than ten percent in the number of off-street parking spaces required, additional off-street parking spaces shall be provided in accordance with the requirements of this chapter.
(Ord. No. 423, 82, 4-21-2009)
17.40.030 Permit requirements.
New parking lots and modifications or expansions to existing parking lots require the following permits:
A. Building permit. New parking lot design and modifications to existing parking lots in conjunction with a substantial change in use to an existing structure shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project.
B. Plan check. Modification or improvements to an existing parking lot that impact the parking space layout, configuration, number of stalls, landscape planters, etc. Shall require plan check certification, as outlined in Section 17.10.020 (Plan check), to authorize the change as consistent with the zoning code.
C. Exempt activities. Parking lot improvements listed below shall be considered minor in nature if they do not alter the number or configuration of parking stalls. Such improvements shall be exempt from plan check.
1. Repair of any defects in the surface of the parking area, including repairs of holes and cracks;
2. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces;
3. Repair or replacement in the same location of damaged planters and curbs; and
4. Work in landscape areas, including sprinkler line repair, replacement of landscape materials, or refurbishment.
(Ord. No. 423, § 2, 4-21-2009)
100
Title 17 - Zoning
17.40.040 General parking requirements.
The layout of parking spaces, loading berths and parking aisles shall comply with all the following requirements:
A. The required parking spaces, loading berths and parking aisles may not be located on any street right-of-way.
B. Each parking space shall have a minimum size of nine feet by 18 feet when outdoors and shall be free of obstructions such as columns or walls. Each parking space shall be ten feet by 20 feet when indoors or where columns or walls are located within the parking area.
Each loading berth shall be a minimum size of 12 feet by 30 feet whether indoors or outdoors.
C. Parking aisles shall have a minimum width of 12 feet when spaces are parallel to the aisle or up to an angle of 40 degrees, 17 feet when spaces are at an angle of between 40 degrees and 70 degrees, and 23 feet when spaces are at an angle between 70 degrees and 90 degrees.
D. Parking spaces and aisles shall have a maximum grade of seven percent.
E. Each parking space and aisle shall have a minimum eight-foot vertical clearance. Each loading berth and access thereto shall have a minimum 15-foot vertical clearance.
F. Each parking space and loading berth shall have vehicular access to the street, without passing over other parking spaces.
G. Neither a required side yard abutting a street, nor a front yard, shall be used for off-street parking, except that for single-family residential uses, parking spaces beyond the minimum requirement (the two garage spaces) may be allowed within required interior side yards.
H. Residential Uses. Residential uses shall provide parking in compliance with Table 17.40.050- 1 (Parking Requirements by Land Use).
1. Conversion of a garage for a single-family residence shall be prohibited unless an equivalent space is provided in compliance with the requirements of Table 17.40.050- 1 (Parking Requirements by Land Use).
2. A single-family use that does not conform to the provision of this article shall be brought into compliance at the time additions or alterations are made that cumulatively increase the existing floor area by more than 25 percent, unless waived under Section 17.40.050(D) (Parking Reduction).
(Ord. No. 455, § 7, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.40.050 Number of parking spaces required.
A. The following number of parking spaces shall be required to serve the uses or buildings listed, as established in Table 17.40.050-1 (Parking Requirements by Land Use). Multiple uses must provide the sum of the requirements for each individual use. In addition, the following provisions shall apply:
101
Title 17 - Zoning
1. "Square feet" means "gross square feet" and refers to building area unless otherwise specified.
2. For the purpose of calculating residential parking requirements, dens, studies, or other similar rooms that may be used as bedrooms shall be considered bedrooms.
3. Where the number of seats is listed to determine required parking, seats shall be construed to be fixed seats. Where fixed seats provided are either benches or bleachers, such seats shall be construed to be not more than 18 linear inches for pews and 24 inches for dining, but in no case shall seating be less than determined as required by the building code.
B. When the calculation of the required number of off-street parking spaces results in a fraction of a space, the total number of spaces shall be rounded to the nearest whole number (<
0.49 round down, > 0.50 round up).
Table 17.40.050-1: Parking Requirements by Land Use
Land Use Type Required Parking Spaces
Residential Uses
Boarding and Rooming Houses 1/living or seating unit
Dwelling, Single-Family and Two-Family 2 garage spaces/dwelling unit Dwelling, Multiple-Family
Studio, one and two bedroom units 2 spaces/dwelling unit Three + bedroom units 2 spaces/dwelling unit
Senior units, studio, one and two bedroom 1 space/dwelling unit units
Senior units, three+ bedroom units 2 spaces/dwelling unit Mobile Home Park 2 parking spaces/home site
Recreation, Education, and Public Assembly Uses
Assembly Uses with Fixed Seats 1 space/4 seats of maximum seating capacity Assembly Uses without Fixed Seats 1 space/50 s.f. of gross floor area used for dancing or assembly
Retail, Service, and Office Uses
Retail Sales 1 space/300 s.f. of gross floor area or 1 space/300 s.f. of facility
Eating and Drinking Establishments
Offices, Business and Professional
Hotels and Lodging Places 1 space/unit plus 1 manager space Medical Services, Hospitals and Sanitariums 1 space/1,000 s.f. 102
Title 17 - Zoning
Automotive and Vehicle Uses
Auto Sales and Rental 1 space/300 s.f. of gross floor area or 1 space/300 s.f. of facility
Auto Services
Car Washing
Industrial, Manufacturing, and Processing Uses
Warehousing, Wholesaling, Research and other 1 space/500 s.f. gross floor area Industrial
C. Uses Not Listed. Other uses not specifically listed in this section shall furnish parking as required by the planning commission in determining the off-street parking requirements.
The planning commission shall be guided by the requirements in this section generally, and shall determine the minimum number of spaces required to avoid interference with public use of streets and alleys.
D. Parking Reduction. Parking spaces provided to meet the requirements of this chapter shall not be reduced in size or number, modified, or eliminated without review by the planning commission under site plan review, as established in Section 17.10.090 (Site plan review). (Ord. No. 455, § 8, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.40.060 Parking requirements for the disabled.
A. Number of Spaces, Design Standards. Parking spaces for the disabled shall be provided in compliance with the building code and state and federal law.
B. Reservation of Spaces Required. The number of disabled accessible parking spaces required by this chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use.
C. Upgrading of Markings Required. If amendments to state or federal law change standards for the marking, striping, and signing of disabled access parking spaces, disabled accessible spaces shall be upgraded in the time and manner required by state law. (Ord. No. 423, § 2, 4-21-2009)
17.40.070 Compact car requirements.
The following provisions apply to parking provided for all uses or buildings except one-family and two-family dwellings:
A. Up to 20 percent of the required number of parking spaces may be sized for compact cars.
B. Compact car parking spaces shall be at least eight feet in width and 16 feet in length, and shall be clearly marked, "COMPACT CARS ONLY," "COMPACT," or "C" C. Compact car space shall be distributed throughout the parking lot. 103
Title 17 - Zoning
D. Where a section of the parking lot is restricted to compact parking with an angle of 90 degrees, the aisle width may be reduced from the standard 23 feet to 21 feet. Such compact sections should be located so as to minimize the distance from the section to the appropriate building or activity.
(Ord. No. 423, § 2, 4-21-2009)
17.40.080 Parking and driveway design and development standards.
A. Surface Parking Area. All surface parking areas shall have the following improvements:
1. Each parking space and aisle, except those accessory (i.e., beyond the minimum requirement) to one-tamily and two-family dwellings, shall be graded, drained and surfaced so as to prevent dust, mud, or standing water, and shall be identified by pavement markings bumper guards, entrance and exit signing, and directional signs, to the satisfaction of the city engineer.
2. Lighting, giving a ground level illumination of one to five foot-candles, shall be provided in a parking area during the time it is accessible to the public after daylight.
Lighting shall be shielded to prevent glare on contiguous residential properties.
3. Where such parking area abuts a street, it shall be separated by an ornamental fence, wall or compact Eugenia or other evergreen hedge having a height of not less than two feet and maintained at a height of not more than four feet. Such fence, wall, or hedge shall be maintained in good condition.
4. When the required off-street parking space for nonresidential uses is to be provided on a separate lot from the use or building, the lot shall be no further than 500 feet from the front entrance of the use or building. The parcel is to be under the same ownership as the use or building, or is leased to the effect that the owner or owners of the lot will continue to maintain such parking spaces so long as the use or building is maintained. Proof of such lease arrangement shall be demonstrated to the satisfaction of the planning commission.
5. In addition to parking spaces, a minimum of one loading berth shall be required, for all commercial and industrial buildings in excess of 5,000 square feet or fraction thereof, plus one additional berth for every additional 20,000 square feet of floor area.
Loading berths shall conform to the following standards:
a. Dimensions. Each required loading berth shall be not less than ten feet wide, 35 feet long, and with 14 feet of clear height. Loading zones shall be separate from other required parking and maneuvering areas.
b. Location. Where feasible, loading zones and docks shall be located to the rear of properties. No truck entrance door, loading zone and/or dock serving commercial vehicles shall be permitted to face a residential area within 500 feet. 104
Title 17 - Zoning
6. Screening. All loading zones and truck parking areas shall be screened from view by a minimum of a six-foot high hedge, vine-covered fence or wall plus landscaping as required by Chapter 17.36 (Fences and Walls).
B. Driveway Location Standards. Development projects located at intersections shall be accessed as follows:
1. Driveways to access parcels located at the intersection of two streets shall be gained through driveways trom-the lesser street. Determination of which street is lesser shall be made based on total paving width, amount of traffic, adjacent traffic controls and likely destinations along each street in question.
2. Driveways serving parcels located at the intersection of two streets shall be situated at the maximum practical distance from the intersection.
3. Where a proposed driveway is located at least 75 feet from the nearest cross street, the provisions of subsections (B)(1) and (B)(2) may be waived.
C. Driveway size and composition. All residential driveways shall be a minimum of 20 feet in length and width and shall be constructed with an impervious surface (i.e., concrete, asphalt, or similar material) and shall be constructed to appropriate standards as determined by the city. Driveways for secondary dwelling units may be a minimum of ten feet in width, subject to approval by the city fire chief. All driveways shall be connected to a street by an asphalt surface extending from the subject parcel's front property line to the paved road surface.
D. Roads and parking for mobile home parks. All internal circulation aisles shall be at least 25 feet from curb to curb and shall be increased in width by ten feet for parking spaces on each side of the street on which such curb parking is permitted, consistent with Chapter 12.08 (Street Construction Standards). All roads and parking spaces shall be permanently paved. (Ord. No. 455, § 9, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009) Chapter 17.42 SIGNS ON PRIVATE PROPERTY
17.42.010 Purpose.
This chapter establishes regulations for signs within the city for the purposes of safeguarding and protecting the public health, safety, and welfare through appropriate prohibitions. The city recognizes that signs and other graphics are an essential element of a community's visual appearance and provide a means to identify and promote businesses and are an important element in creating safer public streets and highways. Consequently, the purpose of this chapter is to provide sign regulations that are consistent with the goals and objectives of the city's general plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:
A. Promote an economically stable and visually attractive community and insure that the special character and image the city is striving for can be attained; 105
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B. Promote signs and graphics that are attractive, pleasing and harmonized with the physical character of the environment and surrounding properties, while serving the advertising needs of the business community;
C. Promote traffic safety and the smooth and efficient flow of pedestrians and vehicles to their destinations; and
D. Direct persons to various activities and enterprises, in order to provide for maximum public convenience.
(Ord. No. 423, § 2, 4-21-2009)
17.42.020 Policies for sign regulations.
A. Regulatory interpretations. The provisions of this chapter shall not be interpreted to nullify any easements, covenants or other private agreements which provide for more restrictive sign regulations than are required by this chapter.
B. Enforcement. The city planner is authorized and directed to enforce and administer the provisions of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the issue shall be referred to the city planner for an interpretation and such interpretation shall be made by the city planner within ten business days. Any decision made by the city planner may be appealed to the planning commission in accordance with Subsection 17.42.040 E. (Appeals).
C. Message neutrality. It is the city's policy and intent to regulate both commercial and non- commercial signs in a viewpoint-neutral or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.
D. Message substitution. Subject to the property owner's consent, a non-commercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this Code, without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is authorized pursuant to this Code, without consideration of message content. This provision does not create a right to increase the total amount of signage on a parcel, lot, or land; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow for the substitution of an off-site commercial message in the place of an on-site commercial or non-commercial message.
E. On-site/off-site distinction. Within this chapter, the distinction between on-site and off-site signs applies only to commercial messages.
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F. General prohibition. Permanent signs not expressly permitted by this chapter are prohibited (Ord. No. 423, § 2, 4-21-2009)
17.42.030 Definitions.
Terms unique to this chapter are listed in Chapter 17.300 (Glossary of terms). (Ord. No. 423, 8 2, 4-21-2009)
17.42.040 Permits and review procedures.
A. Permit required
1. Sign permit required. A sign permit shall be required for all permanent signs (building attached or freestanding) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this chapter. The process for application, review, and decision regarding a sign permit shall be as established in Section 17.10.030 (Sign permit). A sign permit shall not be required for general maintenance of existing signs or the replacement of the sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a can sign). A sign permit is also not required for the establishment of temporary signs; however, such signs shall be consistent with the development standards and time duration limits established in this chapter.
2. Creative sign program. A creative sign program provides for property owners and businesses to propose and the city to consider special deviations from the regulations for on-site permanent signs provided in this chapter under certain circumstances. The intent of this process is to (1) encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and (2) provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs. The process for application, review, and decision of the creative sign program shall be as established in Section 17.10.035 (Creative sign program).
3. Uniform sign program required. To ensure compliance with the regulations of this chapter and except as otherwise exempted, a uniform sign program shall be required for all new non-residential developments of three or more separate tenant spaces that (1) share either the same parcel or structure; and (2) use common access and parking facilities within the city. The process for application, review, and decision regarding a uniform sign program shall be as established in Section 17.10.040 (Uniform sign program).
B. Method of application. An application for a sign permit, creative sign program, or uniform sign program shall be made on the forms) prescribed by the city planning department.
The application shall be accompanied by any fees as specified by city council resolution. 107