Agenda, first session — Ione City Council, February 15, 2022

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.

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 Applicable M-2
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 Z
Agricultural Employee Housing Z Z Z
Caretaker Housing a
Dwelling, Multifamily Z Sp1 Chapter 17.114
Accessory Dwelling Unit See Chapter 17.112
Dwelling, Single Family
Dwelling, Two-Family SP 1 Z Chapter 17.114,
Chapter 17.118
Dwelling, Three- and Four- Family SP Z SP 1 Chapter 17.114 68 Title 17 - Zoning
Emergency Shelter z SP Section 17.116.040;
Chapter 17.114
Employee Housing SP SP Section 17.16.020
Family Day Care Home, Large z Chapter 6.06 (Equine
and Bovine Animals)
Family Day Care Home, Small Chapter 6.06 (Equine
and Bovine Animals)
Group Residential Chapter 17.114
Home Occupations Chapter 17.110
Live-Work Facility z Chapter 17.114
Low Barrier Navigation Center SP(a) Section 17.116.060, Chapter 17.114
Manufactured Home, Permanent Z Section 17.116.010
Manufactured Home, Non-Permanent
Residential Care Home Z
Single Room Occupancy (SRO) Z
Supportive Housing Z z Section 17.116.050,
Chapter 17.114
Transitional Housing z Chapter 17.114
Qualified Streamlined Housing SM Chapter 17.114
Agriculture, Resource, and Open Space Uses
Agricultural Tourism z
Animal Husbandry Title 6
Animal Keeping-Livestock Animals z Chapter 6.06 (Equine and Bovine Animals)
Animal Keeping Chapter 6.08 (Poultry
-Poultry/Rabbits > 12 animals and Rabbits)
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 Z Z Z Chapter 6.06 (Equine
and Bovine Animals)
Recreation, Education, and Public Assembly Uses
Cemeteries, Mausoleums Z Z
Clubs, Lodges, and Private Meeting Halls U SP
Community Centers/Civic Uses Z
Indoor Amusement/Entertainment Facility u a U a
Indoor Fitness and Sports Facility
Libraries and Museums Z z
Outdoor Commercial Recreation
Parks and Public Plazas
Public Safety Facility U
Recreational Vehicle Parks uz a U Z
Religious Institutions U
Title 17 - Zoning
Resource Protection and Restoration
U
Resource-Related Recreation
Schools, Charter SP Z Z
Schools, Private and Special/Studios SP SP 4 SP 4 SP SP U Z Schools, Public
Theaters and Auditoriums SP SP U Z
Utility, Transportation, and Communication Use Listings Airport U U
Broadcasting and Recording Studios SP SP SP SP
Bus and Transit Shelters SP SP SP SP
Freight Yard/Truck Terminal z
Fuel Storage and Distribution Z Z Z Z Z
Heliports Z Z Z Z Z
Park and Ride Facility Z
Parking Facility
Public Safety Facility U
UZ UZ
Transit Facilities
Transit Stations and Terminals U
Utility Facility and Infrastructure
Wireless Communication Facility U U U U U U U
Adult Day Care Facility Z Z Z
Adult Oriented Businesses Z Z Z Z Z U
Alcoholic Beverage Sales
Ambulance Service U U Z Z
Title 17 - Zoning
Animal Sales and Grooming
Banks and Financial Services ZZ
Bars and Nightclubs
Bed and Breakfast Inns
Building Materials Stores and Yards Z
Business Support Services SP 2,6 SP 2,6
Child Day Care Facility SP)
Convenience Stores
Drive-in and Drive-through Sales and
Service
Equipment Sales and Rental
Grocery Stores/Supermarket ZZZ Izz
Home Improvement/ Hardware Store ZZZZZ
Hotels and Motels
Kennels, Commercial
Maintenance and Repair, Small Equipment SP SP
Medical Services, Extended Care Z
Medical Services, General
Medical Services, Hospitals
Mortuaries and Funeral Homes
• Z
Offices, Accessory
Offices, Business and Professional
Personal Services
Residential Care Facility
4 z
Restaurants
Title 17 - Zoning
Retail, Accessory SP SP SP
Retail, General SP 6
Smoke Shops Z U C2 U Z
Tattoo Parlors U
Thrift and Consignment Stores and Pawn C 6 SP Z
Shops
Veterinary Facility SP SP SP SP SP
Automobile and Vehicle Uses
Auto Vehicle Dismantling Z Z
Auto and Vehicle Sales and Rental Z
Auto and Vehicle Sales, Wholesale Z Z U
Auto and Vehicle Storage ZZ
Z Z Z
Auto Parts Sales SP SP
Car Washing and Detailing Z U U SP SP
Service Stations U U SP Z SP
Vehicle Services, Major U Z SP
Vehicle Services, Minor Z
Industrial, Manufacturing, and Processing Uses
Agricultural Products Processing Z Z
Manufacturing, Major Z Z
Manufacturing, Minor U Z Z
Manufacturing, Small Scale Z Z
Printing and Publishing Z SP SP
Recycling Facility, Collection Z SP SP Z SP
Recycling Facility, Processing Z Z Z Z Z C5
73 Title 17 - Zoning
Recycling Facility, Scrap and Dismantling C 5 SP
Research and Development SP SP SP
Storage, Personal Storage Facility SP 5 SP
Storage, Warehouse SP
Storage, Yards SP SP
Wholesaling and Distribution C5 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.., 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-2* C-33
C-T C-1 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
15 ft. 10 ft. O ft. 20 ft. 20 ft. 25 ft.

Street Side
Side 5 ft. Oft. O ft. Oft. O ft. 4 Oft. ft.14 Oft. 14
Rear O ft. O ft. 12 Oft. 1,2 Oft. ft.1,2 O ft. 1,2 Oft. ft.12 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 Oft.
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.
. When the rear property line abuts a residential Zoning District, there shall be a 25-foot rear yard setback required. Whe here is an alley at the rear of such a lot, such a rear yard may be measured from the centerline of said alley . Properties within the C-2 and C-3 zones and also within the historic overlay zone shall comply with the developmen tandards provided in the downtown master plar

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
SP SP N Section 17.116.030; Chapter
Agricultural Employee Housing

17.114
Caretaker Housing C
Agriculture, Resource, and Open Space Uses
Animal Keeping-Livestock SP 1 Chapter 6.06 (Equine and
N N
Animals Bovine Animals)
Equestrian Facility, Commercial N SP Chapter 6.06 (Equine and N
Bovine Animals)
Animal Keeping (Non-agricultural)
Equestrian Facility, Hobby SP Chapter 6.06 (Equine and
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
SP
Halls
Community Centers/Civic Uses SP SP
Community Garden SP SP SP
Golf Courses/Clubhouse SP SP N
Indoor Amusement/Entertainment

N SP SP
Facility
Indoor Fitness and Sports Facility N SP SP
Libraries and Museums SP
Outdoor Commercial Recreation N SP SP
Parks and Public Plazas N SP SP
Public Safety Facility N C SP
Recreational Vehicle Parks C N
Religious Institutions N N P
Resource Protection and SP
C N
Restoration
Resource-Related Recreation SP SP N
Schools, Charter N N SP
Schools, Private and
N N SP
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 Sp2 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
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 SP2 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, 8 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).

B. 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 Title 17 - Zoning
that there are conflicts between the provisions of the master plan and this title, the master plan shall prevail.

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.

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-1a, 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.

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-la 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*
Minimum 2.1 du/ac
85 Title 17 - Zoning
Maximum 7.0 du/ac
Height (maximum) S 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.

1. 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, § 1, 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 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, § 2, 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
imaginary plane parallel
to natural grade
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 facilites). 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.

B. 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.

F. 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
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:

A. 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 12
Determined by Zoning
Required Front Yard Area 4 feet
District
Required Rear and Interior Side Yard Area (Along Rear and Interior Property Lines) 0 feet 6 feet
Required Street Side Yard Area 5 feet 3,6 6 feet
At intersections of streets, alleys, and driveways within the 30 inches
Clear Vision Triangle
All other areas of lot
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 (i.e., 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 Curt Property Line
- Front Setback Width w
Determined by Zoning District
Figure 17 36 030-1 - Front
and Street Side Setback Reversed
Are3z.jPg Corner Lot
Type: JPG File
Size: 34.8 KB
Dimension: 613 x 395 pixels
Strept Side ~ Corner Lot interior Lot Key Lot
Setback Area
imteror Lor
Comer Lot Intenor Lot Key Lot
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 • Fanca
- Retaining wall
(22 feet)
Highest finished grade
Lowest finished grade
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.

3. 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 (e.g. 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.
mi 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
Side Structures
rear)
Accessory
Buildings
≤ 120 s.f. and < 8 60% or 90ft., 10 ft. 3 3 ft. No minimum 5 8 ft. ft. tall whichever is
less?
≤ 120 s.f. and ≥ 8 60% or 90 ft., 10 ft. 3 5 ft. No minimum s 16 ft. ft. tall whichever is
less 2
> 120 s.f. and 60% or 90ft., 10 ft. 3 5 ft. No minimum 5 35 ft./2 fully enclosed whichever is stories
less 2
> 120 s.f. and 60% or 90ft., 10 ft. 3 5 ft. No minimum 5 35 ft./2 w/limited/no whichever is stories
enclosure less?
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 5 ft. 4 5 ft. 16 ft.

Primary
Structure
Deck/Patio No minimum No No minimum No minimum S 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, § 2, 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
"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-family 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.

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 from-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.

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
Title 17 - Zoning
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.
106
Title 17 - Zoning
General prohibition. Permanent signs not expressly permitted by this chapter are prohibited. (Ord. No. 423, 8 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, § 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
Title 17 - Zoning
The required contents of the application shall be as specified in Section 17.10.030 (Sign permit), Section 17.10.035 (Creative sign program), or Section 17.10.040 (Uniform sign program) for each type of permit.

Decision and application review procedures. At each level of review or appeal, the decision shall be rendered, in writing, within the time limits set forth herein. The time period begins running when the application is deemed complete, or the notice of appeal has been filed, whichever applies.

1. Generally.
a. Notwithstanding any of the time limits contained in this section, the city planner and planning commission shall endeavor to render decisions in a timely manner. b. Notwithstanding the time limits contained in this section, the city planning department and the applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and shall be for no more than 90 days.

2. Sign permit and creative sign program.
a. Upon receipt of a completed sign permit or creative sign program application by the city planning department, the city planner shall review the contents of and approve, deny, deem incomplete, or refer the application to the planning commission within ten calendar days.
b. If, within ten calendar days of receiving the application, the city planner determines that the application does not include the necessary information needed to review the proposal for consistency with this chapter, the city planner shall deem the application incomplete. If the application is incomplete, the applicant shall be notified in writing. The notification shall specify what information is missing and may also include information on the areas in which the submitted plans are not in compliance with city standards.
c. Should the city planner fail to take action on a sign permit or creative sign program application within the prescribed time limits established by this section, such sign permit or creative sign program application shall be deemed automatically appealed to the planning commission to the extent it complies with the area and location requirements for signs imposed by this chapter.

Uniform sign program. The application processing procedures for uniform sign programs shall be as described in Chapter 17.08 (Application processing procedures).

The city planner shall determine whether a uniform sign program application is complete within 30 calendar days of application submittal and shall make the determination in writing to the applicant. Once the application is deemed complete, the city planner shall schedule the program for hearing with the planning commission.

The planning commission hearing shall occur no later than 90 days from the date of that the uniform sign program application is deemed complete. 108
Title 17 - Zoning
Figure 17.36.030-2: Measurement of fence height on parcels with different elevations - Fence
- Retaining wall
(= 2 feet)
Highest finished grade
Lowest finished grade
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, 8 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)

17.36.040 Fence and wall design standards.

B. Fencing Materials. Fences and walls shall be constructed of attractive, long-lasting materials (e.g., masonry, wood, tubular steel, or stone).

17.36.050 Special fence and wall requirements.

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.

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.

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 (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.

17.38.040 Development standards.

1. Setback Measurement. Minimum setback distances for accessory structures from property lines and between all structures shall be measured to any portion of the structures, inclusive of overhangs, projections, railings, etc..

3. Maximum Coverage. The total size of all accessory structure(s) on a lot may not exceed 30 percent of the actual rear yard area.

Table 17.38.040-1 Development Standards for Accessory Structures Minimum Setback Distance From Property
Line Minimum
Accessory Distance Maximum
Structure Interior Between
Street Height
Front (including
Side Structures
rear)
Accessory
Buildings
≤ 120 s.f. and < 8 60% or 90 ft., 10 ft. 3 3 ft. No minimum S 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
less 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 5 ft. 4 5 ft. 16 ft.

Primary
Structure
Deck/Patio No minimum No No minimum No minimum S 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.

17.40.020 Applicability.

Off-street parking and loading provisions of this chapter shall apply as follows:

17.40.030 Permit requirements.

New parking lots and modifications or expansions to existing parking lots require the following permits:

Repair of any defects in the surface of the parking area, including repairs of holes and cracks;
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.

Each loading berth shall be a minimum size of 12 feet by 30 feet whether indoors or outdoors.

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.

H. Residential Uses. Residential uses shall provide parking in compliance with Table 17.40.050- 1 (Parking Requirements by Land Use).

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.

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.

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).

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.

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.

17.40.080 Parking and driveway design and development standards.

A. Surface Parking Area. All surface parking areas shall have the following improvements:

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.

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

B. Driveway Location Standards. Development projects located at intersections shall be accessed as follows:

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.

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.

17.42.020 Policies for sign regulations.

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.

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

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.

C. Decision and application review procedures. At each level of review or appeal, the decision shall be rendered, in writing, within the time limits set forth herein. The time period begins running when the application is deemed complete, or the notice of appeal has been filed, whichever applies.

3. Uniform sign program. The application processing procedures for uniform sign programs shall be as described in Chapter 17.08 (Application processing procedures).

The planning commission hearing shall occur no later than 90 days from the date of that the uniform sign program application is deemed complete. 108
Title 17 - Zoning
D. Variances. Applications for a variance from the terms of this title shall be reviewed by the planning commission according to the variance procedures set forth in Section 17.10.070 (Variance).

E. Appeals.

1. Appeals of decisions of the city planner or planning commission may be appealed as specified in Section 17.08.060 (Appeals).

A final determination of the city council may be appealed to a court of competent jurisdiction in accordance with applicable provisions of state law. (Ord. No. 423, § 2, 4-21-2009)

17.42.050 Exempt signs.

The following sign types are expressly exempted from the permit requirements of this chapter and title but still must satisfy any and all other applicable city permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment, etc.). Any exception to the limitations for exempt signs listed herein shall require either a creative sign program pursuant to Section 17.10.035 (Creative sign program) or a variance pursuant to Section 17.10.070 (Variance). However, consideration of the variance request shall not evaluate the message or graphic design of a sign.

A. Exempt signs without limitations. The following signs are exempt from sign permit and city review requirements:

1. All devices which are excluded from the definition of a "sign" as set forth in this Code.

2. Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his duties. The city has a compelling interest in allowing such signs in order to comply with state and local laws and to promote public safety.

3. Direction, warning or information signs or structures required or authorized by law, or by federal, state, county, or city authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone signs. The city has a compelling interest in allowing such signs in order to comply with state and local laws and to promote public safety.

4. Existing ghost signs. Restoration of ghost signs is encouraged and shall not affect the exempt status of the sign, nor shall it count towards the maximum allowed area of any new on-site signage.

5. Utility company signs identifying cables, conduits, danger, and so forth. The city has a compelling interest in permitting such signs in order to comply with state and local laws and to promote public safety.

6. Street address signs consistent with the city-adopted building code or relevant provisions of the City Municipal Code. Notwithstanding anything in this section, street 109
Title 17 - Zoning
address signs may be illuminated and may contain reflective paint or material. The city has a compelling interest in permitting such signs to promote the identification of property to guide emergency response personnel.

7. Historical and/or memorial tablets and identification plaques installed by or on behalf of a recognized governmental historical agency. The city has a compelling interest in permitting such signs to promote interest in historical structures and events and to promote public safety and identification.

8. Time and temperature signs containing no advertising copy. The city has a compelling interest in permitting such signs to promote awareness of local conditions for individuals with medical problems and to promote public safety.

9. Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8880 et seq. The city has a compelling interest in permitting such signs in order to comply with state law.

10. Gas pricing signs, as required by state law, which identify the brand, types, octane rating, etc. of gasoline for sale within the city. The city has a compelling interest in permitting such signs in order to comply with state law.

11. Change of copy that does not alter the size, location, or illumination of a sign. The city has a compelling interest to permit such minor changes to make sign maintenance a less onerous burden on property owners and to promote public safety.

12. Signs prohibiting trespassing or hunting. The city has a compelling interest to allow property owners to post these signs for the protection of life and private property and to promote public safety.

B. Exempt signs with limitations. The following signs are exempt from sign permits and as such do not require city review. However, they shall be consistent with the size, height, duration, and/or maximum number limitations listed:

1. Flags that are not included in the definition of a temporary promotional sign that display a non-commercial message, attached to poles, including, but not limited to, flags of the United States, the state and other countries and states, counties and municipalities, not to exceed three flags/poles on properties containing less than one acre of land, and not to exceed six flags/poles on properties containing more than one acre of land. Poles shall not exceed 30 feet in height and flags shall not exceed 42 square feet in surface area. Such flags shall be maintained in good condition and free of tattering or tearing.

2. Permanent window signs (e.g., hanging on the interior of the window or stenciled on the inside or outside of the window) not exceeding four square feet per street frontage shall be permitted. Such signs should be encouraged to promote business identification, hours of operation and address information. Such signs may not be illuminated

3. Community interest group signs (e.g., fraternal, benevolent, social services, religious organizations) displaying a non-commercial message, such as time and place/location 110
Title 17 - Zoning
of meetings, provided said signs are combined onto a common sign structure, the overall area of which does not exceed 100 square feet, and the area devoted to any one organization does not exceed 20 square feet. Such signs may be located off-site from where the activity takes place; however, no more than four locations for such signs will be allowed within the city. Such signs must be set back a minimum of 25 feet from the public right-of-way in non-residential districts and set back a minimum of ten feet from the public right-of-way in non-residential districts, and must be located a minimum of 75 feet from any other freestanding sign.

4. Construction signs not to exceed one sign per street frontage and a maximum of 20 square feet in area or a maximum of 36 square feet if combined with a future tenant sign. Construction signs may not be illuminated. Such signs shall be removed at the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, or opening for business to the public.

5. Future tenant signs. One future tenant identification sign (e.g., banner) per property/establishment shall be permitted and shall not exceed ten square feet in area or a maximum of 36 square feet if combined with a construction sign. A future tenant identification sign listing the name of future tenants, responsible agent or realtor, and identification of the specific complex are encouraged. When a future tenant sign is independent of a construction sign, the future tenant sign is permitted until such time as a certificate of occupancy is issued for the building(s). The maximum height of future tenant signs shall be five feet and the sign may not be illuminated. Additionally, windows of future tenant spaces may be papered over to screen construction. Such window papering signage on said property is permitted and shall not count towards the sign area limitation.

Garage, yard, estate, and other home-based sale signs advertising the one day sale of items from a garage, yard, estate, or other home-based sale. One day sale signs are not permitted for home occupations. The city has a compelling interest to allow these signs for the benefit of residents and local groups. A maximum of four signs, each a maximum of six square feet, may be allowed. Such signs shall not be affixed to any utility pole or street sign pole.

7. Real estate signs are allowed on private property if set back five feet from the public right-of-way and out of any required clear visibility triangle, with the following limitations:
a. For residential property, one sign with a maximum sign area of six square feet (each side). Additionally, a maximum of three attached rider signs are permitted on each real estate sign. On weekends and holidays, signs needed to direct traffic from major collector and arterial streets to the subject property are allowed as follows: one sign may be placed for each change in direction to a maximum of five signs, each with a maximum sign area of six square feet. 111
Title 17 - Zoning
b. For commercial property, one on-site sign per street frontage with a maximum sign area of 32 square feet for parcels with less than one acre and 48 square feet for parcels large than one acre with an eight-foot height limit. c. Removal. All real estate signs must be removed not later than five days after the close of the transaction proposed by the sign.

8. On-site directional signs. Exit, entrance, or other on-site traffic directional signs are permitted. When located within a required front yard or street side yard area (as defined in Chapter 17.32 (Yard measurement and projections)), the maximum height of any directional sign shall be 30 inches and the maximum size shall be four square feet. No advertising or message other than for traffic direction shall be displayed.

9. Nameplate signs for residential uses, provided that there is no more than one unlit sign per property, up to a maximum of one-half square foot in area, which is attached to and parallel with the front wall of the building and only contains the name and title or occupation of the occupant.

10. Nameplate signs for commercial uses, identifying (and copy limited to) the address of the building, property, or tenant to a maximum of one square foot per sign.

Nameplates for commercial uses may only be lit by either an indirect light source (e.g. porch light), low-wattage spotlight without glare to the adjoining property, or internal light source with opaque (non-transparent) background.

11. Signs on residential property, not exceeding ten square feet in area, other than nameplates and street addresses, and of a non-commercial nature, are allowed provided that they are setback at least five feet from the public right-of-way and do not project over the roofline of any structure.

12. Murals, on walls other than the main entrance to a building, installed and maintained to an area not exceeding a maximum of 100 percent of the exterior wall area of the first two stories upon the wall or facade where the mural sign is located.

13. Menu/order board signs. A maximum of one menu/order board sign shall be permitted for each drive-in or drive-through establishment, provided that the sign does not exceed a maximum of 40 square feet in sign area and that the sign be limited in height to eight feet. The menu/order board sign does not count toward the total allowed signage for the establishment as described in Table 17.42.090-1 (Allowed permanent on-site sign standards). Additional signs, area, and/or height may be permitted through issuance of a creative sign program, provided that the location of the signs) does not interfere with on-site vehicle circulation or traffic in the public right-of-way (e.g., line of sight).
(Ord. No. 423, 82, 4-21-2009)

17.42.060 Prohibited signs.

It shall be unlawful to erect, and no permit shall be issued for, any of the following signs:
112
Title 17 - Zoning
A. Any sign not specifically in accordance with the provisions of this chapter; B. Signs painted or mounted on roofs or placed above the roof line (except for mansard roofs); C. Animated signs or flashing signs, with the exception of time and temperature signs and electronic reader signs;
D. Pennants, banners, balloons or other paraphernalia composed of paper, cloth or other flexible material, except as otherwise permitted under Section 17.42.100 (Allowed temporary on-site sign standards);
E. Signs which rotate, move, reflect, blink or incorporate elements that do so, except time and temperature signs and electronic reader signs;
F. Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, except where required by a governmental agency or permitted as part of kiosk sign program, or as provided in Chapter 17.44 (Signs on city property); G. Inflatable balloon signs, including, but not limited to individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air;
H. "Can signs," except logos;

1. "Pole signs" and other freestanding signs constructed with a single supporting pole that is not covered with architectural cladding or other covers so as to appear as a solid base or structure;
J. Electronic message signs in the historic (H) district; K. Signs affixed to vehicles where the primary purpose of the vehicle is advertising. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being uses (e.g., delivery service) or is required by state or federal law (e.g., contractor's license number) as exempted in the definition of a sign. Signs included in this definition include, but are not limited to, cars parked showing garage sale signs or vehicles that drive around the city with the express intent of communicating a message displayed on the vehicle (e.g., "rolling billboards").

Signs attached to light standards unless part of a uniform sign program or street banner orogram.
(Ord. No. 423, § 2, 4-21-2009)

17.42.070 General development, maintenance, and removal provisions.

A. Construction of signs. Every sign and all parts, portions and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:
113
Title 17 - Zoning

1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.

2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.

3. All freestanding signs that incorporate lighting shall have underground utility service.

4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.

B. Maintenance of signs. Every sign and all parts, portions and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other non-maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the city.

Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such.

C. Determination and measurement of sign area.

1. General area calculation. Generally, the area of a sign shall be measured as the overall length of the sign times the overall height of each segment of copy or logo exclusive of background. When the sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the sign shall be measured as 75 percent of the area of the sign copy (height of the letters times the length of each line of letters, e.g., length × height × 75 percent). This practice of taking 75 percent of the area shall be known as the void rule. See Figure 17.42.070-1 (Sign area).

Figure 17.42.070-1: Sign Area
Height ç0д° Sign Height
Length
Length

2. Awning or canopy signs. Sign copy which is applied to an awning or canopy shall be computed at 100 percent of the area within a single rectangle enveloping the sign copy.

See Figure 17.42.070-2 (Awning or canopy sign area.
114
Title 17 - Zoning
Figure 17.42.070-2: Awning or Canopy Sign Area
Awning Sign Area
(shaded regions) Cupcakes

3. Freestanding signs. Freestanding signs are to be computed as total height by the total length of the sign for one side for double-faced signs, excluding framework of separate single wood post or masonry column and single wood or masonry beam. The base of a monument sign is not part of the sign when comprised of wood, stucco, or masonry.

See Figure 17.42.070-3 (Freestanding sign area.
a. Freestanding signs that are spread with two faces (e.g., marquee sign) shall be computed as the greater of the area of one side or the projected area of two sides. b. Freestanding signs that are spread with three faces shall be computed as the greater of the area of one side or the projected area of two sides or three sides.

C. Freestanding signs that are four-sided shall be computed as the greater of the area of two sides or the projected area of two sides.
115
Title 17 - Zoning
Figure 17.42.070-3: Freestanding Sign Area
Height Freestanding Sigh Area
(shaded region only)
Length

4. Three-dimensional objects. Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured at their maximum projection upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection. See Figure 17.42.070-4 (Area of three-dimensional objects).

Figure 17.42.070-4: Area of three-dimensional objects
Length
• Sphere as Building
Attached Sign
Height
Measurement of sign height. Sign height shall be measured from the upper most part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign.

E. Setback and spacing of freestanding signs.
116
Title 17 - Zoning

1. The minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway, unless an encroachment permit is granted. All freestanding signs shall be located outside of the public right-of-way and any required clear visibility vision triangle.

2. The minimum spacing distance between permanent freestanding signs, excluding on- site directory signs, should be 50 feet. The decision-making authority will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear visibility vision triangle and does not otherwise inhibit motorist safety.

F. Sign removal or replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This provision does not apply to routine maintenance.
(Ord. No. 423, § 2, 4-21-2009)

17.42.080 Design standards.

The following criteria shall be utilized for permanent advertising displays and signs, and shall not be construed to govern the design of temporary signs:

A. General design standards.

1. Architectural style. Each sign shall be designed to be compatible with and relate to the architectural style of the primary structure or buildings upon the site where such sign is located. Each sign shall also be compatible with the style and character of the existing improvements upon the lots adjacent to the site. Signs located on commercial sites but in a predominately residential area shall be unobtrusive and designed to be compatible with such residential area.

2. Relationship to buildings. Signs located upon a lot with one primary structure or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as the type of construction materials, color, or other design detail.

3. Color. The colors) of a sign should be harmonious and complementary to the colors of the building on or near which it is to be located. Fewer colors will generally produce the most attractive sign.

4. Letter style. The letter style to be used on a sign should be compatible with the architectural style of the building on or near which it is to be located. For example, simple block letters are generally most compatible with Spanish style buildings. For those buildings that have been recently constructed and have no particular architectural style, simpler letter styles are desirable.

5. Sign materials. The goal of sign design is to maintain moderate, attractive, and compatible styling so as not to conflict or distract from the architectural character of 117
Title 17 - Zoning
the area. The choice of materials shall be left to the discretion of the applicant, subject to the provisions of this chapter and the approval of the city.

6. Relationship to other signs. Where there is more than one sign on a site or building, all permanent signs displaying a commercial message shall have designs that similarly treat or incorporate the following design elements to the extent feasible:
a. Letter size and style of copy;
b. Shape of total sign and related components;
c. Type of construction materials;
d. Sign/letter color and style of copy;
e. Method used for supporting sign (e.g., wall or ground base); and f. Location.

7. Sign illumination. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:
a. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;
b. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign;
c. Unless otherwise permitted by another provision of this chapter, signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;
d. Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices;
e. Reflective type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the build or lamp is exposed to a public right-of-way or adjacent property; and f. Light sources shall utilize energy efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations (California Building Standards Code).

8. The maximum coverage of copy allowed on a sign shall be 80 percent of the sign face.

Design standards for special sign types.

1. Awning and canopy signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied, as follows:
a. Lettering shall be allowed on awning valances only and shall not exceed 18 inches in height. Logos, symbols, and graphics that do not include text may be allowed 118
Title 17 - Zoning
on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning. See Figure 17.42.080-1 (Awning and canopy sign).

Figure 17.42.080-1: Awning and Canopy Sign
Shed.

Valance
Cupcakes
b. Lettering shall be located within the middle 70 percent of the valance area. c. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings. d. Awning signs shall only be allowed for first and second story occupancies. e. Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed
f. Awnings shall be regularly cleaned and kept free of dust and visible defects. g. The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel shaped awnings are appropriate for buildings with arched window/door openings.

2. Blade/bracket signs.
a. Location. Blade or bracket signs shall be placed only on ground floor facades, except for businesses located above the ground level with direct exterior pedestrian access.
b. Height. The lowest point of a blade or bracket sign shall be a minimum of eight feet above grade.

Projection. The sign may project a maximum of four feet from the building. 119
Title 17 - Zoning
d. Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
e. Encroachment. Blade or bracket signs may not encroach into the public right-of- way or be located above it, or into city-owned property except with an encroachment permit.

3. Wall signs.
a. Wall signs shall be compatible with the predominant visual architectural elements of the building facade.
b. Wall signs shall be placed to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

C. Wall signs shall utilize a consistent proportion of signage to building scale, such as 1/3 text to 2/3 wall area or 1/4 text to 3/4 wall area. See Figure 17.42.080-2 (Text scale).

Figure 17.42.080-2: Text Scale
⅓ Wall Area
⅓ Sign M Cupcakes
½ Wall Area
d. Wall sign raceways shall be concealed from public view (e.g., within the building wall or painted to match the exterior color of the building where the sign is located) or otherwise integrated with the design of the sign and building so as to not detract from the architectural character of the building.

Direct and indirect lighting methods are allowed for wall signs provided that they are not harsh or unnecessarily bright. Light shall either be directed down or in such a way that it does not cause light trespass or glare onto adjoining properties or public rights-of-way.
f. Can signs are prohibited. Channel letters, reverse channel letters, and push pin letters are preferred. Letters may not utilize gold-colored (or a shade of gold) trim cap.
120
Title 17 - Zoning
g. If a tenant's signage on one facade is comprised of multiple elements (e.g. logo and text), the elements shall be located and scaled with relationship to each other.

See Figure 17.42.080-3 (Multiple element signs).

Figure 17.42.080-3: Multiple Element Signs
Cupcakes
Encouraged: Logo relates to
lettering as par of the overall
design.

Cupcakes
Discouraged: Logo is
unrelated to lettering based
on spacing of components,
Cupcakes
Discouraged: The logo and
lettering are of disproportionate
= scales.

4. Freestanding signs.
a. Monument and pylon signs are preferred because they can be more fully integrated into the overall development design. As described in Section 17.42.060 (Prohibited signs), pole signs are prohibited. Pylon signs shall be constructed with architectural cladding or similar material covering the supporting framework so they are architecturally integrated with the rest of the sign. 121
Title 17 - Zoning
b. In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids.

C. Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary freestanding sign would also include brick.
d. Landscaping shall be provided at the base of the sign equal to the area of the sign. Landscaping shall be complementary to and designed in concert with the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way. e. The minimum letter height on a freestanding sign shall be 12 inches. The intent is to limit the clutter of text on the sign and increase readability for the public, thereby providing for public safety.
f. The maximum letter height on a freestanding sign shall be 36 inches. The intent is to limit the negative visual impact of large text size.

5. Marquee or changeable copy sign. These types of signs shall be considered to be the same as any other type of sign and shall be regulated based on their location, ie. if located on a wall, they shall be deemed wall signs.

Electronic message signs. Electronic message signs as part of an on-site sign may be permitted through a creative sign program or uniform sign program, provided that the message is an on-site message, except for public information messages, and shall be programmed so that the message does not change more than once every four seconds (scrolling messages are prohibited).
(Ord. No. 423, § 2, 4-21-2009)

17.42.090 Allowed permanent on-site sign standards.

Table 17.42.090-1 (Allowed permanent on-site sign standards) lists the development standards for all permanent on-site signs based on use type and zoning district, as well as allowed sign type. As identified in Section 17.42.040 (Permits and review procedures), a sign permit is required before any of the sign types listed herein are installed, erected, or otherwise established. Only those signs that may be permitted are listed. Regulations for temporary promotional on-site signs are listed in Table

17.42.100-1 (Allowed temporary promotional on-site sign standards). Regulations for off-site signs are listed in Section 17.42.110 (Allowed off-site signage). The following general rules/standards apply to permanent signs regulated in this section:

A. Minimal illumination. Where illumination of a sign is allowed under this title, such illumination may be achieved by any method that minimizes glare onto neighboring or abutting property, such as from behind the sign (e.g., light source behind the face of the sign, such as with the opaque, non-transparent face of channel letters; silhouette halo 122
Title 17 - Zoning
illumination behind letters) or by a low-level spotlight. In the case of electronic message signs, it is recognized that this standard is not applicable and, in such instances, the illumination level shall be regulated such that the intensity of the illumination is appropriate based upon the level of lighting of the surrounding environment (e.g., illumination by the sun or moon during day, dusk, night time, and dawn) through the use of such means as light meters and programmed illumination regulation or LEDs that are designed to limit the spread of light.

B. Sign area allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of sign area to primary building frontage. Sign area is calculated as described in Subsection 17.42.070 C. (Determination and measurement of sign area. Where a ratio is described, it applies up to the listed maximum.

C. Collective sign area. The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type. For example, the total allowed area for wall signs for a particular establishment may be distributed amongst the maximum number of wall signs allowed for that same establishment.

Table 17.42.090-1: Allowed Permanent On-Site Sign Standards Minimum
Maximum Illuminati Other
Maximum Maximum Setback
Sign Type Number on Standards
Area Height from
Permitted ROW ' Allowed / Notes
Permanent Subdivision Identification Signs
Monumen
tor on
2/entranc
fence/wall 24 sf 6 ft 5 ft Yes
Freestanding not in
Sign ROW
Monumen
1/entranc 24 sf 6ft
tw/in (2) Yes
e
ROW
Multiple-family Residential Signs
Freestanding sign, project 1/entranc
25 sf 8 ft 5 ft Yes
identification e
Nonresidential Signs In General
Monumen 1/frontag
t sign 25 sf 8 ft 5 ft Yes
el
Freestanding
Signs Pylon sign 1/frontag
100 sf 35 ft 15 ft Yes
e
123
Title 17 - Zoning
Building Wall sign Roofline Yes
Attached
Signs, No 2.5:1, max
Window Maximum
Establishment 200 sf - No
sign 4
5 25k sf
Building Wall sign Roofline Yes
Attached
Window No 1.5:1, max
Signs,
Establishment Maximum 100 sf - - No
sign"
s <5k sf
Nonresidential Signs-Historic Overlay (H) District
Projecting 1/frontag
Yes
Sign
Roofline
Wall Sign 1/frontag 1.5:1, max
Yes
e 50 st
Building Window No
Attached Sign 4 No
maximum
Signs 1:1 of
New applicable
1/frontag frontage, Roofline
Ghost Sign No (3)
e
max 100
sf
Notes:

1. Must be located outside the clear visibility triangle.

2. Within median islands, sign must be set back three feet from sides and 12 feet from ends.

3. Freestanding pylon signs shall only be permitted as part of a uniform sign program for sites greater than or equal to ten acres.

4. Window signs may not occupy more than 20 percent of the individual window area. The void rule shall apply when calculating the area of the window sign when it is stenciled on the window pane.

S. New short signs must be treated such that they appear aged and weathered consistent with eriting historic ghost signs (Ord. No. 423, § 2, 4-21-2009)

17.42.100 Allowed temporary on-site sign standards.

This section describes standards for temporary promotional on-site signs. These signs do not require the issuance of a sign permit. Temporary signs may include, but are not limited to, commercial signs for grand openings, special product, sale, or event advertising. The development standards for temporary signs are listed in Table 17.42.100-1 (Temporary sign standards). The following general rules/standards apply to temporary promotional signs:
124
Title 17 - Zoning
A. Time duration. Display periods for temporary promotional signs shall be limited to a maximum of 120 days per calendar year. Longer time periods may be permitted with issuance of a temporary use permit (see Section 17.10.050 (Temporary use permit)).

B. Illumination. Temporary signs may not be illuminated C. Message. Temporary signs displaying a commercial message shall be limited to on-site signage only. Temporary off-site signage displaying a commercial message is prohibited.

Encroachment. Temporary promotional signs shall not encroach on or above the public right-of-way or be attached to utility poles.

Table 17.42.100-1: Temporary Sign Standards
Maximum Minimum
Maximum Maximum
Use Type Temporary Setback
Area Height from ROW!
Number
Multiple-family Residential, 4 sf 5 ft freestanding;
1/complex 10 ft
Apartment Rental Roofline wall
12 sf; 20% of total
Nonresidential, Building
1/establishment window space if Roofline
Attached
located in a window
Nonresidential,
1/establishment 6 sf 5 ft 10 ft
Freestanding
On-Site Subdivision, 5 Balloons per sales
trailer or model None 65 feet 10 ft
Balloons home complex
On-Site Subdivision, 1/subdivision
32 sf 10 ft 10ft
Directional Signs entrance, max 6
On-Site Subdivision, Flags 10 poles/subdivision 15 sf/pole 20 ft 10 ft Notes:

1. Must be located outside of the clear visibility triangle. (Ord. No. 423, § 2, 4-21-2009)

17.42.110 Allowed off-site signage.

A. General off-site signage. Off-site permanent commercial signage is only permitted when consistent with the following development standards and after the decision-making authority has issued a sign permit for the sign:

1. Allowed zones. Off-site commercial signage is only permitted in the C-3 and M-1 zoning district. Such signs may be permitted within a special purpose zoning district when the 125
Title 17 - Zoning
master plan or specific plan for such district specifically states that off-site commercial signage is permitted and the districts within which such signs are allowed.

2. Minimum lot size. Off-site commercial signage is only permitted at sites with a minimum lot size of ten acres.

3. Maximum signs per lot. One off-site commercial sign shall be allowed for the first ten acres of lot size. One additional off-site sign shall be permitted for each additional 25 acres of lot size.

4. Maximum height. The maximum height for off-site commercial signage is 25 feet.

Maximum area. The maximum area for off-site commercial signage is 100 square feet per sign.

6. Lighting. Off-site commercial signs may be illuminated, provided that the illumination does not produce glare or spill onto the roadway or adjacent property. Electronic message signs may be used, provided that the sign is programmed so that the message does not change more than once every four seconds (scrolling messages are prohibited) and the intensity of the illumination changes based upon the level of lighting of the surrounding environment (e.g., illumination by the sun or moon during day, dusk, night time, and dawn).

B. Weekend directional stake signs. Weekend directional stake signs are those signs customarily displayed on the weekends, measuring less than nine square feet in area, and mounted on wooden stakes. Such signs may be used to identify the name and location of active home sales as part of a new residential subdivision/condominium project, provided that each face of the sign does not exceed four square feet, it is mounted such that it is no more than four feet tall from the ground, and is setback a minimum of five feet from the edge of the roadway pavement.

Additionally, such signs are only allowed on a temporary basis from noon on Friday to no later than noon on the following Monday. In the event that Friday is a nationally-recognized holiday, said signs may be erected on Thursday after noon. In the event that Monday is a nationally- recognized holiday, said signs may remain in place until noon on the following Tuesday. In no event may a weekend directional stake sign be located within a roadway median.

C. Subdivision directional sign. Temporary off-site subdivision directional signs are permitted, subject to the issuance of a temporary use permit if placed for longer than 120 days, and require conformance with the following development standards:

1. Location. The sign shall be located outside of the clear visibility vision triangle and within the buildable area of the lot as defined by the setback regulations of the underlying zoning district. The sign shall only be located a minimum of 100 feet from another freestanding sign. It shall only be located on streets classified as collector or arterial under the general plan.

2. Height. The maximum height of the sign shall be 20 feet.

3. Area. The maximum area of one face of the sign shall be 25 square feet when only one subdivision is listed. When two or more subdivisions are listed, the maximum area of one face shall be 120 square feet with each subdivision limited to a maximum of 30 square feet. 126
Title 17 - Zoning

4. Number of faces. Subdivision directional signs may have up to four faces with the angle between the faces no more than 90 degrees.

5. Illumination. Subdivision directional signs may not be illuminated (Ord. No. 423, § 2, 4-21-2009)

17.42.120 Nonconforming signs and abandoned signs.

A. Nonconforming signs.

1. Except as otherwise provided by this section, all existing signs which do not meet the require ers of this to or plane wee my surpal code when a sustai alteration to the sign is made. For purposes of this section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. In addition, "substantial alteration" shall also include any repair or refurbishing of a sign that exceeds 50 percent of the depreciated value of the sign and structure, but excepting customary maintenance. "Customary maintenance" shall be defined as any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the city and includes the following:
a. Repainting the sign text, cabinet or other component of the sign without changing the advertising message; or
b. Routine replacement of border and trim with substantially the same colors and materials.

2. A nonconforming sign may remain in use provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in Subsection A. If said nonconforming sign is destroyed or removed, or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future sign at the same location must be in conformance with the provisions of this chapter.

3. It shall be the responsibility of the owner of any premises containing a nonconforming sign (including a sign painted directly upon the surface of a structure) to remove said nonconforming sign within 90 days of cessation of business at that location.

B. Abandoned signs. Abandoned signs may be abated by the city. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 120 days after this chapter first goes into effect.
(Ord. No. 423, § 2, 4-21-2009)
127
Title 17 - Zoning
Chapter 17.44 SIGNS ON CITY PROPERTY
Sections:

17.44.010 Purpose and proprietary capacity.

The purpose of this chapter is to provide the process and standards for establishing signage on city property. In adopting this chapter, the city council acts in its proprietary capacity as to city property, as defined herein, within the city. This chapter is adopted pursuant to the city's general powers, property rights, Government Code Sections 65850(b), 38774, and 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq. (Ord. No. 423, § 2, 4-21-2009)

17.44.020 Intent as to public forum.

The city declares its intent that not all city property shall function as a designated public forum, unless some specific portion of city property is designated herein as a public forum of one particular type.

In such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.
(Ord. No. 423, § 2, 4-21-2009)

17.44.030 Definitions.

Terms unique to this chapter are listed in Chapter 17.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)

17.44.040 General prohibition.

Unless specifically authorized by this chapter, no signs may be displayed on city property by private parties. Any sign posted on city property in violation of this chapter may be summarily removed by the city as a trespass and a public nuisance.
(Ord. No. 423, § 2, 4-21-2009)

17.44.050 Certain governmental signs.

The following signs may be erected and displayed on city property:

A. Traffic control and traffic directional signs erected by the city or another governmental unit; B. Official notices required or authorized by law;
C. Signs placed by the city in furtherance of its governmental functions; and D. Signs allowable under Section 17.44.060 (Temporary signs displaying non-commercial message).
128
Title 17 - Zoning
(Ord. No. 423, § 2, 4-21-2009)

17.44.060 Temporary signs displaying non-commercial message.

In areas qualifying as traditional public forums, private persons may display non-commercial message signs thereon, provided that such signs conform to all of the following:

A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times.

B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions, the display period is extended to 30 minutes after such meeting is officially adjourned.

C. The maximum aggregate size of all signs held or personally attended by a single person is six square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area.

D. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet, measured on one side only.

E. The sign must have no more than two display faces and may not be inflatable or air- activated.

F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this chapter may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not obstruct the clear visibility triangle, as defined in this title.

The message substitution policy of the sign ordinance applies only to traditional public forum areas.
(Ord. No. 423, § 2, 4-21-2009)

17.44.070 Street banner program.

A. The street banner program is reserved for the city's use to promote its own messages and those special events and activities that take place in the city.

B. Notwithstanding any other section of the Municipal Code, the city manager (or his or her other designee), or the city council upon appeal, may authorize the temporary placement of banner signs within the public right-of-way on city property.

C. Such banners shall be allowed for only a limited duration and must call attention to the city, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community.
129
Title 17 - Zoning
D. No person shall place, cause to be placed, or maintain a banner sign in the public right-of- way or on city property except as authorized herein.

E. The city manager shall designate those streets, highways, alleys, other public rights-of-way, and those city properties on which banner signs as authorized herein may be placed F. The city manager may issue a banner sign permit for an event and/or activity within 45 days after an application has been filed, subject to the following conditions:

1. The permit shall expire after 60 days and the applicant shall cause the banners to be removed at applicant's expense;

2. The banners may contain the name and date of the event;

3. The banners are secured tightly to the structures on which they are authorized to be attached; and,

4. For applicants that are co-sponsors with the city, the applicant must agree to indemnify and hold harmless the city from any damages arising from the placement, maintenance, and removal of banners in a form acceptable to the city attorney.

G. Each banner sign permit shall designate on which specific structures within the public right- of-way or on city property the banners may be placed and methods for such placement.

No permit shall be issued unless the city manager, or council on appeal, finds that the banners are so designated as not to block views significant for traffic and do not otherwise present a safety hazard.
(Ord. No. 423, § 2, 4-21-2009)

17.44.080 Special event signage.

Signage associated with a special event shall be allowed under the following provisions:

A. Special event signage may only be allowed at Howard Park as part of a permitted special event through issuance of a special event permit.

B. Such signage may only be erected during the time specified and in the areas of Howard Park covered by the special event permit.

C. Special event signs may not be illuminated and shall not be posted or affixed above the roof line of any structure or within the canopy of any tree.

D. The maximum allowed size for any one special event sign shall be 100 square feet.

E. Signs may not be located within any driveway, street, or parking area, other than to direct traffic. Signs shall be sited in such a way as to not limit vehicle visibility when entering or existing the facility.
(Ord. No. 423, § 2, 4-21-2009)
130
Title 17 - Zoning

17.44.090 Long term leased signage.

The city may establish a program of leasing space at city facilities to private individuals, companies, or other entities for the express purpose of erecting and maintaining off-site commercial message signage. Such a program is limited to Howard Park and its associated facilities including, but not limited to, Evalynn Bishop Hall, Ed Hughes Memorial Arena, the stables, and soccer and softball/baseball fields. Such signage may be located interior or exterior to a structure and may be illuminated, provided it does not produce glare or spill onto adjacent properties or the public right- of-way. The signage shall not be erected higher than 40 feet when within 500 feet of a property line.

There shall be no limitation on the total square footage of such signage except as otherwise provided.
(Ord. No. 423, 8 2, 4-21-2009)
131
Title 17 - Zoning
ARTICLE IV. STANDARDS FOR SPECIFIC RESIDENTIAL USES
Chapter 17.110 HOME OCCUPATIONS

17.110.010 Purpose.

The purpose of this chapter is to allow limited business activity to occur at residence where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. It is not the intent of this chapter to override lawful "residential use only" restrictions set forth in the conditions, covenants, and restrictions or similar provisions. (Ord. No. 423, § 2, 4-21-2009)

17.110.020 Definitions.

Terms unique to this chapter are listed in Chapter 17.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)

17.110.030 Home occupations allowed.

Home occupations are allowed as part of any residential use, provided the requirements of this chapter are met.
(Ord. No. 423, § 2, 4-21-2009)

17.110.040 Business license.

A business license from the city is required for any home occupation consistent with the requirements of this Chapter 5.06 (Business license).
(Ord. No. 423, 8 2, 4-21-2009)

17.110.050 Plan check required.

Plan check is required as part of business license review conducted pursuant to Chapter 5.06 (Business license) and Section 17.10.020 (Plan check) and shall be completed by the city planner or his/her designee.
(Ord. No. 423, § 2, 4-21-2009)

17.110.060 Limitations of use.

A. Examples of Types of Uses Allowed as Home Occupations. The following list provides examples of types of uses allowed as home occupations. Other uses that are similar to those listed may be approved by the city planner or his or her designee. 132
Title 17 - Zoning

1. Office uses such as an office for a contractor, architect, attorney, consultant, counselor, engineer, insurance agent, planner, tutor, data and/or word processing, electronic commerce.

2. Private lessons such as academic instruction, music, athletics, swimming, arts and crafts.

3. Tailoring, sewing, or alterations of clothing.

4. Art and craft work such as ceramics, flower arranging, jewelry making, painting, sculpting, and photography.

5. Small furniture repair and restoration.

Other similar uses that demonstrate a low-profile operation with fewer than five customers visiting the business per day.

B. Examples of Types of Uses Conditionally Allowed as Home Occupations. The following list provides examples of types of uses allowed as home occupations upon issuance of a conditional use permit (CUP) by the decision-making authority. Other uses that are similar to those listed may be considered upon a similar use determination.

1. Beauty salon/barber shop, massage, physical therapy, personal training.

C. Examples of Prohibited Uses. The following is a list of examples of prohibited uses that may not be conducted as home occupations. This is not an exhaustive list of prohibited uses.

Other uses similar to those listed may also be prohibited based on similar function or operation.

1. Ambulance service.

2. Ammunition reloading, including custom reloading.

3. Boarding house, bed and breakfast hotel, time share condominium.

4. Carpentry, cabinet makers.

5. Ceramics (kiln of six cubic feet or more).

6. Health salon, gyms, dance studios, aerobic studies.

7. Medical, dental, chiropractic, clinic.

Mortician, hearse service.

9. Palm reading, fortune telling

10. Private clubs.

11. Repair, or reconditioning, of automobiles, boats and recreation vehicles.

12. Restaurants or taverns.

13. Retail sale from site (except direct distribution and artist originals).

14. Storage, repair, or reconditioning of motorized vehicles or large equipment on site. 133
Title 17 - Zoning

15. Tattoo service.

16. Tow truck services.

17. Veterinary clinic (including boarding).

18. Welding Service.
(Ord. No. 465, § 3, 7-16-2013; Ord. No. 423, § 2, 4-21-2009)

17.110.070 Performance standards.

It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity.

These standards shall be incorporated as conditions of the business license for the home occupation.

Failure to comply with these standards will result in revocation of the business license.

A. Number of home occupations. One home occupation is allowed at a home where customers may visit the business. Otherwise, there is no limit on the number of home occupations.

B. Employees. A home occupation shall have no on-site employees other than the full time residents of the dwelling. Other employees may be employed by the business but they may not report to the home. No more than two full-time residents may be employed at the home occupation.

C. Habitable floor area. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

D. Off-site effects. There shall be no mechanical equipment used or operations which create or make dust, odor, vibration, or other effects detectable at the property line of the property in which the home occupation is located.

E. On-site sales. There shall be no products sold on the premises except artist's originals or products individually made to order on the premises, or as part of electronic commerce.

F. Products which are not "artist's originals" or "individually made to order" may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.

G. Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.

H. Traffic/vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than one additional vehicle per hour.

I. Storage. There shall be no storage of material, products, or supplies out-of-doors.

J. Exterior appearance. There shall be no remodeling or construction of facilities for the home occupation which changes the external appearance of the residence from a residential to a more commercial appearing structure when viewed from the front of the building.

Conversion of a portion of the interior of the structure (e.g, a garage) that does not result 134
Title 17 - Zoning
in a loss of off-street parking or alter the exterior appearance of the structure may be allowed through issuance of a building permit.

K. Signs. No signs for the home occupation are permitted.

Visitors and customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor per hour and no more than one at any given time. A home occupation may exceed these limits upon approval of a conditional use permit by the decision-making authority.

M. Hazardous materials. Storage of hazardous materials may only be stored in amounts below the thresholds as established by the local fire department.

N. Hours of operation. The hours of operation during which customers may visit the occupation shall be between the hours of 7:00 a.m. and 7:00 p.m. (Ord. No. 468, §3, 4-1-2014 ; Ord. No. 423, § 2, 4-21-2009)

17.110.080 Conditions.

The city planner or his or her designee may establish reasonable conditions on the operation of any home occupation if necessary to meet the intent of this chapter. These conditions shall be attached to or incorporated in the business license for the home occupation. (Ord. No. 423, 8 2, 4-21-2009)

17.110.090 Home owners association.

As part of the business license permit application form, applicants for a business license for a home occupation shall indicate if they have consulted any relevant home owners association and/or covenants, convents, and restrictions (CC&Rs) for the business location. The intent of this portion of the application process is to remind home occupation operators that special private regulations for their development may be in effect. Although the city may issue a business license for a home occupation regardless of conflicting CC&Rs for that residence, such home occupation may not be permitted by a home owners association and may subject holder of that business license to fines, penalties, judicial action, or other enforcement proceedings from the home owners association (Ord. No. 423, § 2, 4-21-2009)
135
Title 17 - Zoning
Chapter 17.112 ACCESSORY DWELLING UNITS

17.112.010 Purpose.

The purpose of this Section is to establish procedures for permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUS) on lots zoned for residential uses, and to implement state law as required for such uses. ADU and JADU are defined in Section 17.310. In accordance with state law, ADUs and JADUs are accessory uses and shall not be counted as an additional dwelling for the purposes of calculating permitted General Plan or residential zoning density.

17.112.020 Applicability.

The provisions of this Chapter apply to all lots that are occupied with a residential dwelling unit and to all vacant lots that are zoned for residential development. The addition of an ADU shall not be considered to result in an increase of the allowable density for the lot upon which the ADU is located.

When established consistent with the following regulations, an ADU is a use consistent with the General Plan and Zoning designation for the lot.

17.112.030 Development Standards.

A. Restrictions. All ADUs and JADUs shall comply with the following regulations:

1. No ADU or JADU shall be sold or otherwise conveyed separately from the primary residence.

2. An ADU or JADU may only be rented, leased, and/or occupied for residential purposes.

If an ADU or JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

3. All ADUs and JADUs shall comply with the California Building Standards Code, as amended by the City.

4. If a fire sprinkler system is required for the primary residence, a fire sprinkler system is also required in any accompanying ADU or JADU.

B. Design. All ADUs and JADUs shall comply with the following design standards:

1. ADU Standards.
a. Location and number of ADUs.
i. Subject to the requirements in this section, one ADU is permitted on a lot where (1) a single-family or multi-family dwelling is a permitted use, and (2) where there is an existing or proposed single-family or multi- family dwelling.

One detached ADU and one JADU may be permitted on a property with a proposed or existing single-family dwelling where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied. ili. One or more ADUs may be permitted on a lot with an existing multi- family dwelling where the requirements of Government Code Section 65852.2(e) (1)(C) or (D) are satisfied. For purposes of this section 17.112.30, 136
Title 17 - Zoning
"multi-family dwellings" are those that contain more than one dwelling unit, including but not limited to duets, duplexes, triplexes, apartment buildings, and condominium buildings.
(A) Multiple ADUs may be allowed within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each ADU complies with state building standards for dwellings.
(B) A minimum of one ADU shall be allowed within an existing multifamily unit and ADUs shall be allowed within an existing multifamily building at up to 25 percent of existing multifamily units.
(C) Not more than two detached ADUs, which are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, may be located on a lot with an existing multifamily dwelling. iv. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and shall be located on the same lot as the proposed or existing primary dwelling.
v. ADUs do not exceed the allowable density for the lot upon which the ADU is located, and ADUs are a residential use that is consistent with the existing general plan and zoning designation for the lots within zones that permit ADUs.

2. Development Standards. Except for those ADUs exempt from obtaining an ADU Permit, as provided in above, ADUs shall comply with the following:
a. Unit Size and Height.
i. An attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling or 850 square feet, whichever is more. ii. A detached ADU shall not exceed 1,200 square feet.
ili. The maximum height for a detached ADU shall be 16 feet, measured to the roof peak.
iv. An attached ADU shall comply with the maximum height restriction applicable to the primary dwelling. When more than 50% of the gross floor area of an ADU is located above an existing or proposed garage, the entire combined structure shall not exceed 25 feet in height. b. Setbacks.
137
Title 17 - Zoning
i. No setbacks shall be required for conversion of an existing living area or accessory structure into an ADU, or the new construction of an ADU in the same location and to the same dimensions as an existing structure. ii. For all other ADUs, the required setback from side and rear lot lines shall be four feet, and the ADU shall conform to the front yard setback regulations applicable to the zoning district in which it is located ill. A detached ADU shall be a minimum of five feet from the primary dwelling, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling. c. ADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. Where the application of lot coverage, floor area ratio, setbacks, or other development regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived, to the extent permitted by law, to permit such an ADU.

3. Architectural Review.
a. An ADU shall have a separate exterior access point independent from the primary dwelling.
b. Where a proposed ADU will likely be visible from a public street or thoroughfare, design elements shall be used that are similar in materials, color, style, and form to the primary dwelling, including the exterior siding, trim and color, roof materials, and window placement and type. An ADU that will be located behind the primary dwelling and that will not be visible from the public street shall use decorative exterior cladding and window treatments suitable for a permanent residence.
c. All windows that face a side yard adjoining a side yard of an adjacent property and are located within 15 feet of the shared property line shall be a minimum of

6.5 feet above the finished floor height ("clerestory"), except that this standard does not apply if a structure on the adjacent property does not have any non- clerestory windows on the building elevation that faces the ADU. d. Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or an adjacent property. e. All ADUs must have permanent foundations.
f. No passageway is required for construction of an ADU.

4. JADU Standards.
a. Subject to the requirements in this section, one JADU is permitted on any property where single-family residential use is a permitted use and there is an existing or proposed single-family dwelling.
138
Title 17 - Zoning
b. The owner of a parcel with a JADU shall occupy as a principal residence either the single-family dwelling or the JADU, except where the owner is another governmental agency, land trust, or housing organization. c. Development Standards.
i. JADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. ii. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet.
ill. A JADU must be contained entirely within the walls of an existing or proposed single-family dwelling.
iv. A JADU shall, at a minimum, include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.
v. A JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit. JADUs that share sanitation facilities with the principal dwelling unit are required to maintain an interior connection between the JADU and the primary dwelling. vi. Any exterior improvements associated with the development of a JADU shall conform to the zoning regulations applicable to the property.

C. Covenants and Recordation. A covenant, in a form acceptable to the City of lone, shall be recorded with Amador County, prior to issuance of any building permit for an ADU. Failure to record the covenant shall be grounds for code enforcement action by the City. The purpose of recording the covenant is to ensure that future property owners are made aware of the requirements under which the ADU shall be maintained, including:

1. A deed restriction shall be recorded that: prohibits the sale of the ADU separate from the sale of the single-family residence; includes a statement that the deed restriction may be enforced against future purchasers; and restricts the size and features of the ADU in accordance with this section.

D. Utilities and Fees. Notwithstanding any other provision of this Code, or any ordinance or resolution of the City of lone, the development impact fees for an ADU and a JADU shall be applied as follows:

1. ADUs and JADUs shall be subject to the payment of all water, sewer, or other utility fees, except as otherwise provided in this section or in Government Code Sections 65852.2 and 65852.22.

2. Except where constructed with a new single-family dwelling, an ADU or JADU that meets the requirements of Government Code Section 65852.2(e)(1)(A) shall not be required to install a new or separate utility connection directly between the ADU/JADU and the utility, and shall not be charged a connection fee or capacity charge. 139
Title 17 - Zoning

3. For any ADU or JADU not exempted under subsection (a) above, the City may require a new or separate utility connection between the ADU/JADU and the utility and may charge a connection fee or capacity charge, at the discretion of the Building Official. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU/JADU, based on its square feet or the number of drainage fixture unit (DFU) values, upon the water or sewer system.

4. An ADU or JADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges, except where constructed with a new single-family dwelling.

5. JADUs and ADUs less than 750 square feet shall not be subject to any impact fees. ADUs that are 750 square feet or larger shall be subject to applicable impact fees, charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" shall have the same meaning as defined in Government Code Section 65852.2(f).

Nonconforming conditions. An ADU or JADU allowed pursuant to this chapter shall be not conditioned or otherwise required to correct existing nonconforming zoning conditions.

F. Approval. Before constructing an ADU or JADU, an applicant shall obtain necessary permits in accordance with this section. The application for planning review and for a building permit to construct an ADU shall be ministerially approved if the requirements of this code are met.

1. Projects Subject to Administrative Site Plan Review. a. For all proposed ADUs, an application shall be submitted to the Planning Division on prescribed forms that demonstrates that the ADU complies with the requirements of this section.
b. An application for an administrative site plan review permit for an ADU shall be processed and considered ministerially, without discretionary review or a public hearing, consistent with the requirements of this section and state law, within 60 days of submittal of a complete application.
i. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

The 60-day review period shall not apply when:
(A) An ADU permit application is submitted contemporaneously with an application for a single-family or multi-family dwelling that is subject to review under this Chapter. The ADU permit application shall be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to separate review.
(B) The applicant seeks a delay.
140
Title 17 - Zoning
c. In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction-related permits prior to construction of the subject unit.

2. Projects Exempt from Obtaining an ADU Permit.
a. An administrative site plan review permit shall not be required if the proposed ADU or JADU meets the requirements of Government Code Section 65852.2(e) (1) and the California Building Standards Code, as amended by the City. Any ADU which does not require an ADU permit may submit a building permit application directly to the Building Division. The requirements of Government Code Section 65852.2(e) (1) include:
i. One ADU and one JADU are permitted ministerially per lot with a proposed or existing single-family dwelling if all of the following apply:
(A) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety. (D) The JADU complies with the requirements of Government Code Section 65852.22.
ii. One detached, new construction ADU that meets the following requirements. The ADU may be combined with a JADU described in subparagraph i.
(A) The ADU is on a lot with a proposed or existing single family dwelling.
(B) The ADU does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. (C) The ADU total floor area does not exceed 800 square feet. (D) The ADU is 16 feet in height or less.
ili. ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. (A) At least one ADU is allowed within an existing multifamily dwelling and a total number of ADUs that is up to 25 percent of 141
Title 17 - Zoning
the existing number of dwelling units in the multifamily building shall be allowed.
(B) Each ADU shall comply with the California Building Standards Code, as adopted by the City.
(C) Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling iv. Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling.
b. Any ADU which does not require an ADU permit may submit a building permit application directly to the Building Division.

3. Except for ADUs and JADUs that are exempt from obtaining an ADU administrative site plan review permit under subsection (2) above, any building additions or accessory structures located on the parcel that are not in compliance with the City Code of lone shall be brought into compliance with the City Code prior to approval of an ADU.

4. The City of lone shall not issue a certificate of occupancy for an ADU or JADU before issuing a certificate of occupancy for the primary dwelling.

5. Applications to construct an ADU or JADU on a property that is designated as a historic resource by the City of lone, the State of California, or by the National Register of Historic Places, shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such a property.

G. Parking. A minimum of one parking space per ADU or per bedroom, whichever is less, shall be required. These spaces may be provided as tandem parking, may be covered or uncovered, and may be located on an existing driveway if the use of such driveway does not decrease required parking for the primary structure.

1. Off-street parking shall be permitted within the front yard setback, provided that the parking is setback a minimum of 10 feet from the street or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the demolished off-street parking spaces are not required to be replaced.

3. Parking is not required if the ADU is located:
a. Within one-half mile walking distance of public transit; b. Within the City of lone's downtown residential overlay district; 142
Title 17 - Zoning
c. Where on-street parking permits are required but not offered to the occupant of the ADU;
d. Where a car-share vehicle is located within one block of the ADU; and/or e. Entirely within an existing or proposed primary or accessory structure.

17.112.050 Review Process for ADUs and JADUs Not Complying with Section

17.112.030.

A. A proposal to establish an ADU that does not comply with Section 17.112.030 may be permitted with an administrative site plan review, which may be elevated to a discretionary site plan review, at the discretion of the City Planner, subject to the required findings of Section 17.112.060.

B. Any appeal of the City Planner's decision shall comply with Section 17.08.060 Appeals.

17.300Chapter 17.114 MULTIFAMILY STANDARDS

17.114.010 Applicability.

This chapter applies to all residential buildings with two or more dwelling units, including buildings that have a mixture of residential and non-residential uses and to all residential structures intended to be occupied by more than one household (including multiple single person households). Single family dwellings are exempt from this chapter.

17.114.020 Purpose
The multifamily standards have been developed to establish, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.

17.114.030 Standards
Multifamily residential developments must be consistent with each of the standards below:

1. Neighborhood compatibility.
a. Residential projects located across the street from single-family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. Parking lot areas and carports shall not be located along single-family neighborhood street frontages. This requirement does not apply to residential projects located across a State route, parkway, arterial, or collector road as identified in the lone General Plan. b. Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include either 1) individual ground-level front doors and, if two or more stories, interior stairs or 2) a single exterior entrance with an interior common hallway(s). c. A noise assessment shall be conducted by a qualified acoustical engineer. If the project will be exposed to noise levels that exceed the General Plan noise standards identified in Tables 6-1 and 6-2, excluding the subjective language in 143
Title 17 - Zoning
the footnotes for each table, which require multifamily residential uses to be exposed to no more than: 1) 60 dBA from 7 a.m. to 10 p.m. and 45 dBA from 10 p.m. to 7 a.m. from non-transportation noise sources, and 2) 60 dBA, the project shall include measures to reduce noise levels at outdoor activity areas to 60 dBA or less and interior spaces to 45 dBA or less to meet the City's noise standards. If sound walls are necessary to meet the noise standards, the sound walls shall include an earth berm and landscaping. Walls between buildings shall be extended to create pockets of landscaping or open space in order to avoid long continuous walls for the entire length of a project site.

2. Building design.
a. Structures shall have a color palette that consists of at least two (2) body colors and two (2) accent colors (not including roof color). Projects with two (2) or more residential structures shall include a minimum of two (2) color palettes and shall not use a single palette on more than 70 percent of the residential structures.

Stone materials shall not be painted.
b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
c. Blank walls (facades without doors, windows, articulation of at least one foot, landscaping treatments) shall be less than 20 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas. d. Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a street, adjacent to a public park, or adjacent to public open space. e. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
f. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.

9. A minimum of 5/8 inch thickness is required for panel siding. Battens are required to be incorporated into the design for a board and batt appearance.

3. Massing/articulation.
a. Primary building entries shall incorporate a projection (e.g., porch) or recess, or combination of projection and recess at least 48 square feet in area. b. A minimum of two of the following design features: balconies, cantilevers, dormers, bay windows, patios, or accent materials that are part of the structure shall be incorporated into each façade of each project building. 144
Title 17 - Zoning
c. A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
d. Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.
e. Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
f. Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

4. Outdoor/common space.
a. Each multifamily unit shall have a minimum of 100 square feet of private outdoor space directly adjacent to the unit. For the purposes of this standard, private outdoor space is defined as outdoor space that is usable and accessible only to the building residents and their visitors, but not to the general public. b. Common useable open space at a minimum of 180 square feet of common usable open space per unit is required for all multifamily projects with more than four units.
c. A minimum of 30% of the common usable open space shall be provided as a landscaped green area or garden, a minimum of 50% shall be provided as recreation area, and the remaining 20% may be landscaped open space, recreation area, or hardscape.
d. Outdoor seating shall be provided within common usable open space areas and near the entry to laundry facilities.
e. Multifamily developments (except Senior restricted multifamily developments) exceeding 22 bedroom units and with less than 100 units shall have two outdoor areas, one for adults and one for a child play area that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space is not required to include recreational equipment, but does include tables with seating.

Multifamily developments (except Senior restricted multifamily developments) exceeding 100 units shall have three open space areas, one for adults, one for children that includes a sports play area and recreational equipment for children 6 to 13, and one for younger children that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space 145
Title 17 - Zoning
is not required to include recreational equipment, but does include tables with seating
Each play area for children must be visible from as many units as possible and at least eight units and shall be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided h. Recreation areas shall be at least 50% shaded. Shading can include shade fixtures or shade trees that will grow to a height of at least 20 feet within five years of planting
Developments with more than 20 units shall provide at last one public art amenity, such as a sculpture, fountain, or kiosk, that is visible from the adjacent public right- of-way and is adjacent a sidewalk or pedestrian pathway.

5. Site design.
a. When dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area. b. Garages and carports shall utilize the same color palette and shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, and roof materials.
c. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

Where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall.

6. Accessory elements.
a. Perimeter fencing utilized along public street shall be constructed of decorative iron, pre-painted welded steel, Irex (or similar product), or wood picket material. b. The height of solid fencing between private yards and common open spaces, when such private yards and common open spaces are located in the interior of a single parcel, shall be limited to either 1) four-and-a-half (4.5) feet in height, or 2) up to six (6) feet in height provided that the top 18 inches provide at least 50% open area.
c. Roof top equipment shall be screened from visibility. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet. If the 146
Title 17 - Zoning
roof structure does not provide this screening, an equipment screen shall be included in the design.
d. • Exterior trash, recycling, and storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be screened.

7. Refuse containers.
a. Four units or less may be served by individual garbage containers. When individual garbage cans are used, they must either fit in the garage (without encroaching into required parking area or into a screening enclosure. b. When there are five units or more, dumpsters for garbage collection shall be provided within a screening enclosure.
c. When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. A rule of thumb is to allow for between 30 and 90 gallons per unit per week, depending on size of the unit.
d. All dumpsters shall be shielded within an enclosure a minimum of six feet tall.

Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be designed to withstand heavy use.

Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
e. Allowances shall be provided within the enclosure for stacking recycling crates (in small projects) and recycling dumpsters (in large projects) f. An entry shall be provided so that pedestrians can access the dumpsters without opening the large gates.
g. Lighting shall be provided at trash enclosures for night time security and ease of use.
h. Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties); or more than 100 feet from an enclosure.

No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room

8. Natural resources.
a. A biological resources assessment, including special-status species survey, shall be conducted by a qualified biologist and shall identify special-status species with potential to occur in the vicinity (within ¼-mile of the project site) and on the project site, sensitive habitats located on or adjacent to the project site, including wetlands, riparian areas, oak woodlands, wildlife habitat, and habitat of significant value present on the project site.
147
Title 17 - Zoning
b. The project shall avoid habitat for special-status species, wetlands, riparian areas, oak woodlands, and habitat of significant value (collectively referred to as "sensitive habitats") present on the project site and shall provide a minimum of a 100-foot buffer from sensitive habitats, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified biologist. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space. If avoidance of sensitive habitats would result in a density that is less than the allowed maximum density identified for the zone in Table 17.22.040-1 or Table 17.24.040-1, then the project may protect comparable sensitive habitats at a two-to-one ratio within one-and-a-half (1.5 miles) of the site or purchase credits for comparable sensitive habitats at a mitigation bank at a two-to-one ratio within one-and-a-half (1.5 miles) of the site.

If special-habitat species occur on the site or have the potential to occur on the site, as determined by a qualified biologist, the qualified biologist shall identify adequate measures consistent with mitigation recommended by resource agencies (i.e., U.S. Fish and Wildlife Service, California Department of Fish and Wildlife) to avoid impacts to special-status species during any ground-disturbing and construction activities and the project shall implement such measures.

9. Cultural resources.
a. A cultural sources assessment, including site survey, shall be conducted by a qualified archaeologist and shall identify the potential for cultural resources on the project site.

If significant cultural resources, or the potential for significant cultural resources, are identified, the project shall avoid such cultural resources and shall provide a minimum of a 100-foot buffer from significant cultural resources, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified archaeologist or measures, such as capping the resource or relocation of the resources to permanent open space, are identified as adequate to preserve the significance of significant cultural resources.. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space.

11. Water Infrastructure and Capacity. Projects shall provide a letter from the water provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.

12. Sewer Infrastructure and Capacity. Projects shall provide a letter from the sewer provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.

13. Street Standards. The project shall improve public streets consistent with the requirements of Chapter 12.08, Street Construction Standards.

14. Additional objective standards. Projects subject to this chapter must comply with all other applicable objective standards within the General Plan, any applicable specific 148
Title 17 - Zoning
plans, the Municipal Code, including but not limited to, Title 12 (Streets, Sidewalks and Public Places), Title 13 (Public Services), Title 15 (Buildings and Construction), and this Title 17 (Zoning Code), and all other regulations, as may be amended from time to time, unless otherwise superseded by State law.

15. Downtown Master Plan.
a. Projects subject to the Downtown Master Plan shall comply with the requirements of the Downtown Master Plan where the Downtown Master Plan establishes objective standards that conflict with the requirements of this chapter. b. If the Downtown Master Plan establishes subjective standards for a specific topic, then the standards provided in this chapter for such topic shall apply.

C. If the Downtown Master Plan does not establish standards for topics addressed in this chapter, then the standards provided in this chapter related to such topics shall apply.

D. Exceptions to the standards identified in paragraph C shall require a Discretionary Site Plan Review.
149
Title 17 - Zoning
Chapter 17.116 - Provisions for Specified Housing Types

17.116.010 Manufactured housing
Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) shall be permitted on a permanent foundation in all zones that allow a single family home, subject to the following development standards:

A. The manufactured home meets all other development standards of this Title that apply to a single family dwelling in the same zone, including any siting standards, setback and yard requirements, standards for enclosures, access, and vehicle parking, and aesthetic requirements;
Is covered with a non-combustible exterior material customarily used on new site-built single family dwellings in the city. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material used need not extend below the top of the foundation; C. Have a roof with a pitch of not less than three-inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for site-built single family dwellings in the city.

D. All roofs shall include roof overhangs of not less than one foot measured from the vertical side of the manufactured home, except where the location of attached structures, such as carports, garages, porches or similar structures precludes the continuation of the overhang No manufactured housing unit constructed more than ten years prior to the date of application for installation shall be allowed within any residential district.

17.116.020 Employee Housing (Six or fewer employees)
Employee housing providing accommodations for six or fewer employees shall be deemed a dwelling and shall be subject to the permit requirements and development standards and regulations for a family dwelling of the same type in the same zone, as provided by California Health and Safety Code Section 17021.5.

17.116.030 Agricultural Employee Housing
A. Agricultural employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is deemed an agricultural land use, pursuant to California Health and Safety Code Section 17021.6, as amended.

B. No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of agricultural employee housing, as described in Subsection A, that is not required of any other agricultural activity in the same zone. 150
Title 17 - Zoning
The permitted occupancy of agricultural employee housing in any zone allowing agricultural uses includes agricultural employees who do not work on the property where the employee housing is located.

Agricultural employee housing that meets the requirements of California Health and Safety Code Section 17021.8 shall be processed with a streamlined ministerial permit, consistent with the requirements of State law.

17.116.040 - Emergency Shelters
A. Emergency shelters are subject to the standards that apply to residential or commercial development in the same code and are also subject to the following requirements:

1. Capacity. The facility shall not exceed a maximum of 40 persons served nightly.

2. Parking. Parking shall be provided to accommodate all staff working in the emergency shelter, provided that the parking requirement does not exceed the parking requirement for other residential or commercial uses within the same zone.

3. Size and Location of Exterior and Interior Onsite Waiting Areas. The facility shall provide exterior client waiting areas at a ratio of not less than fifteen (15) square feet per client and shall provide interior client waiting areas at a ratio of not less than fifteen (15) square feet per client. The exterior waiting area shall not be located adjacent to the public right-of-way, shall be located behind a minimum six-foot-tall mature landscaping or a minimum six-foot-tall decorative masonry wall that separates the waiting area from public view, and shall be located in an area with provisions for shade protection and rain protection.

4. Size of Intake Areas. The facility shall provide an intake area of a minimum of 200 square feet.

5. Onsite management and security. The facility shall provide on-site management 24 hours and shall provide on-site security for all hours that the emergency shelter is in operation, including all times that staff is present. A management plan shall be submitted detailing how the shelter will provide onsite management and security.

6. Proximity. The emergency shelter shall be at least 300 feet from any other emergency shelter.

7. Length of stay. The maximum length of stay at the facility shall not exceed one hundred twenty days in a three-hundred-sixty-five-day period.

8. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/downlit away from adjacent properties and public rights-of-way.
151
Title 17 - Zoning

17.116.050 - Supportive Housing
A. Supportive housing shall be permitted consistent with the requirements of Government Code Section 65650 through 65656, as amended.

Supportive housing shall be permitted by right in zones where multifamily and mixed uses are permitted, if the supportive housing project satisfies all of the requirements of Government Code Section 65651 paragraphs (a) and (b), as amended.

C. If the supportive housing development that is permitted by right in zones allowing multifamily and mixed uses is located within one-half mile of a public transit stop, there is no minimum parking requirement for the units occupied by supportive housing residents.

17.116.060 - Low Barrier Navigation Centers
A. Low barrier navigation centers shall be permitted consistent with the requirements of California Government Code Section 65660 through 65668, as amended B. A low barrier navigation center shall be permitted by right in areas zoned for mixed use and nonresidential zones that permit multifamily uses, subject to the requirements of State law. A low barrier navigation center shall meet the requirements of Government Code Section 65662, as amended, which include:

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

2. It is linked to a coordinated entry system, which means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.

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

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

C. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer's application is complete pursuant to California Government Code Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
152
Title 17 - Zoning
D. This section shall remain in effect only until January 1, 2027, or specified later date if amended by Government Code Section 65560 through 65568, and as of that date shall be repealed.

Chapter 17.118 Duplex and Two Single Family Units in Single Family Zones

17.118.010 Purpose
This chapter establishes standards to accommodate projects proposing a duplex or two single family units in single family zones pursuant to requirements of State law.

17.118.020 Streamlined Ministerial Permit
A proposed housing development containing no more than two residential dwellings within a single family residential zone (the R-la, R-1b, and R-1c zones) shall be considered ministerially through the streamlined ministerial permit process if the proposed housing development meets all of the following requirements:

A. The parcel satisfies the requirements of requirements specified in paragraph (6) of subdivision (a) of California Government Code Section 65913.4.

B. The proposed housing development would not require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3. Housing that has been occupied by a tenant in the last three years.

C. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with California Government Code Section 7060) of Division 7 of California Government Code Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

D. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development unless the site has not been occupied by a tenant in the last three years.

E. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

17.118.020 Development Standards
Notwithstanding any local law and except as provided in paragraphs (1) and (2), the project shall comply with all applicable objective zoning standards and requirements, including but not limited to Chapter 17.114 if the project proposes two multifamily units. 153
Title 17 - Zoning

1. Zoning and subdivision standards would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area shall not be applied, except that a setback of four feet from the side and rear lot lines shall be required.

2. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

Unit Size. One of the two units developed pursuant to this Section shall not exceed 800 square feet in size.

Parking. Parking shall be provided at one space per unit, except that parking requirements shall not be imposed in either of the following instances:

1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2. There is a car share vehicle located within one block of the parcel.

D. Rental Term. A rental of any unit created pursuant to this chapter shall be for a term longer than 30 consecutive days.

E. Accessory Dwelling Unit. Notwithstanding Government Code Section 65852.2 or 65852.22, an accessory dwelling unit or a junior accessory dwelling unit shall not be permitted on parcels that use both the authority contained within Government Code Section 65852.21 and the authority contained in Section 66411.7.

17.118.020 Denial
A. A housing development project proposed under this chapter may be denied only if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

B. An application submitted under this chapter shall not be rejected or denied solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

Chapter 17.110 STATE DENSITY BONUS AND OTHER INCENTIVES

17.120.010 Purpose.

The purpose of this chapter is to implement Government Code Sections 65915 through 65918. In enacting this chapter, it is the intent of the city council to facilitate the development of housing affordable to very low, low, and moderate income households and senior citizens and to implement the goals and policies of the city's general plan housing element. 154
Title 17 - Zoning
(Ord. No. 423, § 2, 4-21-2009)

17.120.020 - Density Bonus and Incentives.

A. Density bonuses and incentives shall be offered by the City pursuant to the provisions of Government Code Chapter 4.3.

B. Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.

C. These density bonus and incentives provisions shall be understood to be amended by operation of law in the event and to the extent the State Density Bonus and Other Incentives Law is amended.

17.120.030 Process for approval or denial.

A. Process for approval. The density bonus and incentives) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project.

The decision-making authority for density bonuses, incentives, and concessions, shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B. Approval of density bonus required. The city shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this chapter and state law.

C. Approval of incentives or concessions required unless denial findings made. The city shall grant the incentives) and concessions) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3. The concession or incentive would be contrary to state or federal law. (Ord. No. 423, § 2, 4-21-2009)
155
Title 17 - Zoning
Chapter 17.122 Day Care Homes
Section 17.122.010 Family Day Care Homes
A. A family day care home that meets either the small family day care home definition as defined by California Health and Safety Code Section 1596.78(a) or the large family day care home definition as defined by California Health and Safety Code Section 1596.78(b) is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the family day care home.

B. A family day care home includes a detached single family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses.
156
Title 17 - Zoning
Article V - Standards for Non-Residential Uses
Chapter 17.210 WIRELESS COMMUNICATION FACILITIES

17.210.010 Purpose and applicability.

Wireless communication facilities shall be subject to the following regulations in this chapter to the extent that such requirements (1) do not unreasonably discriminate among providers of functionally equivalent services, or (2) do not have the effect of prohibiting personal wireless services, as defined by Telecommunications Act of 1996. This chapter establishes standards for placement of telecommunications facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. This chapter also promotes and protects the public safety and public welfare of residents as well as containing regulations to minimize potential impacts of the installation of wireless communication facilities. (Ord. No. 423, § 2, 4-21-2009)

17.210.020 Definitions.

Terms unique to this chapter are provided in Chapter 17.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)

17.210.030 Permit requirements.

A conditional use permit is required for the following wireless communication facilities:

A. Any new telecommunication tower that is not part of a co-location.

B. Any co-location that increases overall height of an existing tower in order to add antennas.

C. Any building-mounted or roof-mounted antennas that are not screened from public view. (Ord. No. 423, § 2, 4-21-2009)

17.210.040 Application requirements.

An application for the approval of a wireless communication facility shall include the following information, in addition to all other information required by the city for a conditional use permit application as established in Section 17.10.080 (Conditional use permit):

A. Visual simulations showing what the proposed facility will look like from the surrounding area as viewed from residential properties and public rights-of-way at varying distances, to assist the decision-making authority and the public in assessing the visual impacts of the proposed facility and its compliance with the provisions of this chapter.

B. A map or description of the service area of the proposed wireless communication facility and an explanation of the need for the facility.

C. A map showing the locations and service areas of other wireless communication facility sites operated by the applicant and those that are proposed by the applicant that are close 157

Ione City CouncilFebruary 15, 2022

Ione City Council
February 15, 2022