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enough to affect service within the city. A written explanation of why adjacent existing wireless communication facilities could not be used for collocation shall be required.
D. Description of proposed approach for screening all wireless communication facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors. Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, and a maintenance plan including an irrigation plan.
E. Narrative description and map showing the coverage area and location of the provider's existing wireless communication facilities and the proposed coverage area of the specific site that is the subject of the application.
F. Technical information explaining the reasons that a permit is being sought (e.g., whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area; the reasons that the subject site is considered necessary to accomplish the provider's coverage objectives; and the reasons that the proposed site is the most appropriate location under existing circumstances. (Ord. No. 423, 8 2, 4-21-2009)
17.210.050 Exemptions.
The following wireless communication facilities are exempt from the requirements of this chapter as specified below, except that wireless communication facilities are subject to compliance with other provisions of this title:
A. A wireless communication facility shall be exempt from the provisions of this chapter if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provide that the antenna is exempt from local regulation. Such facilities include, but are not limited to, television antennas on residential buildings.
B. Satellite earth station (SES) antennas, which are two meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any non-residential zoning district. To avoid the creation of an attractive nuisance and to reduce accidental tripping hazards and maximize stability of the SES antenna, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.
C. Parabolic antennas, direct broadcast satellite (DBS) antennas, which are one meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.
D. Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards:
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1. Height limits. Amateur radio antennas in any district may extend to a maximum height of 75 feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation.
2. Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five feet from interior property lines.
3. Tower safety. All antenna(s) shall be located within an enclosed fenced area or have a minimum five-foot high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.
E. Co-location on an existing telecommunications structure. This co-location is allowed if the structure obtained a conditional use permit after January 1, 2007, and was subject to environmental review and a public hearing
F. Antennas placed on a building or roof top that are completely screened from view. (Ord. No. 423, § 2, 4-21-2009)
17.210.060 Development standards.
A. General development standards. Unless otherwise exempt pursuant to Section 17.210.050 (Exemptions), the following general development standards shall apply to all wireless communication facilities:
1. All wireless communication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the general plan and this Code, as well as other standards and guidelines adopted by the city, and all applicable state and federal law.
2. Wireless communication facilities shall be co-located with existing facilities, with other planned new facilities, and with other facilities such as water tanks, light standards, and other utility structures whenever feasible and aesthetically desirable. To facilitate co- location when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable. The applicant shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the site.
3. At least ten feet of horizontal clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.
B. Development standards for antennas (excluding amateur radio antennas). Unless otherwise exempt pursuant to Section 17.210.050 (Exemptions), the following development standards shall apply to receive-only antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this section:
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1. Antenna location. Parabolic antenna and SES shall be ground-mounted in residential zoning districts. In all non-residential zoning districts, building-mounted antenna are preferred. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view on the abutting street rights-of-way (excluding alleys). In all zoning districts, ground-mounted antennas shall be situated as close to the ground as feasible to reduce visual impact without compromising their function and all portions of the antenna shall be set back a minimum of five feet from any property line.
2. Height limit. The height limit for ground-mounted antenna is six feet. However, the height may be increased to a maximum of 12 feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with Subsection B.3. (Screening). Building-mounted antenna shall not extend above the roofline, parapet wall, or other roof screen or project beyond a maximum of 18 inches from the face of the building or other support structure.
Screening. Ground-mounted antennas shall be screened with a fence, wall, or dense landscaping so that the antenna is not visible from the public right-of-way. Building- mounted antenna shall be screened as follows:
a. Wall-mounted antennas and ancillary equipment shall be flush-mounted and painted or finished to match the building with concealed cables. b. Roof-mounted antennas and ancillary equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the antenna ad far away as physically feasible and aesthetically desirable from the edge of the building.
c. Color. Antennas shall have subdued colors and be comprised of non-reflective materials which blend with the materials and colors of the surrounding area or building.
C. Development standards for amateur radio antennas. Amateur radio antennas may exceed the height limit and/or the setback provisions only when such provisions will result in unreasonable limitations on, or prevent, reception or transmission of signals from the amateur radio antennas.
D. Development standards for tower. The following development standards shall apply to towers (including co-location facilities):
1. Site design. All wireless communication facilities (including related equipment) shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, camouflage, to be compatible with existing architectural elements, landscape elements, and other characteristics of the site on which they are located. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner/operator's coverage objective.
A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way (including public trails).
2. Safety design. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. 160
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3. Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way, residential property line, or public trail shall be equal to the height of the facility (tower and related equipment).
Otherwise, the minimum setback distance from all other property liens shall be at least equal to 20 percent of the height of the tower. In order to facilitate co-locations, setbacks distance will be waived for placement of antennas on existing towers when there is no increase in the overall height of the tower.
4. Height limit. The height limit for towers shall be consistent with the maximum building height of the zoning district of the subject parcel. Exceptions to the height limit may be granted when the decision-making authority finds that reasonable alternatives do not exist to provide the necessary service. There is no height limit specified for co-locations on existing structures, provided wireless communication facilities are screened from view of abutting street rights-of-way or camouflaged by matching the colors) and/or materials) of the structure to which it is attached
5. Lighting. Towers and related equipment shall be unlit except as provided below:
a. A manually-operated or motion-detector controlled light above the equipment shed door may be provided. Such light shall remain off except when personnel are present on site at night;
b. The minimum tower lighting required under Federal Aviation Administration regulation; and
c. Where tower lighting is required, such lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning districts or uses.
6. Landscaping. Where appropriate, wireless communication facilities shall be installed in a manner that maintains and enhances existing landscaping on the site, including trees, foliage, and shrubs, whether or not utilized for screening. Additional landscaping shall be planted around the tower and related equipment to buffer abutting residential zoning districts or uses, and to buffer public trails in accordance with the following standard:
a. Perimeter of leased area of the wireless communication facility. Landscaping around the perimeter of the facility (e.g., leased area shall include dense tree and shrub plantings with necessary irrigation. Wireless communication facilities shall be developed with an immediate landscape screen. Trees shall be fast-growing evergreen species, a minimum of 24-inch box in size. Shrubs shall be a minimum of 15-gallon size covering a minimum planter area depth of five feet around the facility. Trees and shrubs shall be planted no further apart on center than the mature diameter of the proposed species.
7. Design/finish. New towers shall be camouflaged whenever possible. If not feasible to camouflage, then the tower and related equipment shall have subdued colors and non- reflective materials that blend with the colors and materials of surrounding areas. 161
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8. Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning or other required seals or signs. (Ord. No. 423, 82, 4-21-2009)
17.210.070 Operation and maintenance standards.
A. Noise. All wireless communication facilities shall comply with the city's noise ordinance.
B. Non-ionizing electromagnetic radiation (NIER) exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such wireless communication facilities, a potential threat to public health. To this end, no wireless communication facility or combination thereof facilities shall produce, at any time, power densities in any inhabited area that exceed the Federal Communication Commission's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard adopted or promulgated by the city or by the county, state, or federal government.
(Ord. No. 423, § 2, 4-21-2009)
17.210.080 Removal provisions.
In the event that one or more wireless communication facility or any component thereof, including, but not limited to, antennas, towers, or related equipment, are not operated for the provision of wireless telecommunication services for a continuous period of three months or more, such wireless communication facility or component thereof shall be deemed abandoned. The owner, operator, or other person or entity responsible for the wireless communication facility or component thereof shall remove such items within 30 days following the mailing of written notice from the city that removal is required. If two or more providers of wireless telecommunication services use the wireless communication facility or any component thereof, the period of non-use under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such. (Ord. No. 423, § 2, 4-21-2009)
Chapter 17.220 TEMPORARY USES
17.220.010 Purpose.
The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 162
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17.220.020 Permit required.
A. Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the decision-making authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Section 17.10.040 (Temporary use permit).
Additionally, the decision-making authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.10.040 (Temporary use permit).
B. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the conditional use permit shall be in accordance with the standards of Section 17.10.080 (Conditional use permits). (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.220.030 Temporary use regulations.
A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this chapter, provided that they comply with the development standards listed herein.
1. Temporary car washes for fundraisers are permitted on any private property in the city, provided the car wash does not cause traffic congestion, disrupt traffic, or pose any threat to public health or safety.
2. Garage sales are permitted on any parcel where the garage sale operator resides. Garage sales may not exceed three sales per calendar year and two consecutive days for each garage sale.
3. Fireworks stands are permitted on property in the commercial and industrial zoning districts, provided that the necessary permits) are obtained from the fire department and/or other regulatory agencies and a valid business license has been issued, consistent with the requirements of the lone Municipal Code.
B. Regulated Temporary Uses. The following temporary uses may only be established after first obtaining a valid temporary use permit as described in Section 17.220.020 (Permit required).
1. Construction yards and storage sheds, which are to be used for a period of more than three months, for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Such activity shall be visually screened from the public right-of-way through fencing or other visual screening. The applicant shall provide and implement a security plan to the satisfaction of the City Police Chief. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.
2. Expositions, concerts, carnivals, clinics, amusement rides, and flea markets may be conducted for a period not to exceed ten days within a calendar year (either consecutive 163
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or intermittent). The use must be located in a district other than agricultural or residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district which qualifies for an exemption pursuant to the business license ordinance (Section 5.06.080, Exemptions, of the City's Municipal Code). Temporary uses of a similar nature when located within an entirely enclosed building are exempt from the permit requirement.
3. Farmers' market may be permitted in the C-1, C-2, and C-3 zoning districts, provided such markets qualify as certified farmers' market and all producers/vendors qualify as certified producers as defined by the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions limiting the length of the permit, days and hours of operation, and other factors as deemed appropriate in a non-residential zoning district.
4. Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new business with a valid business license, such outdoor sales and displays of goods shall be limited to a maximum 30-day period within the first 180 days after that business is established. Existing businesses shall be limited to one period not exceeding ten days within a given year. Sales and displays may not occupy more than ten percent of the parking area for that business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space.
Seasonal sales (e.g., Christmas tree sales, pumpkin sales, etc.) may be permitted in any non- residential zoning district upon issuance of a temporary use permit. The term of the temporary use permit shall not exceed 45 days per calendar year.
6. Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued for the primary dwelling. Use of the temporary dwelling shall be limited to a maximum of one year.
7. Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision may be permitted. Parking shall be provided as required by Chapter 17.40 (Parking). In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects of operation may be imposed as part of the temporary use permit as deemed necessary.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.220.040 Similar uses.
When a temporary use is not specifically listed in this chapter, the city planner shall determine whether the proposed temporary use is similar in nature to permitted uses(s) in Article III, and, if approved, shall establish the term and make necessary findings and conditions for the particular 164
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proposed temporary use, consistent with the provisions for Interpretation in Chapter 17.12 (Interpretation).
(Ord. No. 430, 8 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.230 Medical Marijuana
17.230.010 Medical marijuana.
A. Legislative Findings and Statement of Purpose.
1. The city council finds that the prohibitions on marijuana cultivation, marijuana processing and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City of lone and its community. The prohibition of such activities is within the authority of the City of lone under state law.
2. On October 9, 2015, the Governor signed the "Medical Marijuana Regulation and Safety Act" ("MMRSA" or "Act") into law. The Act became effective January 1, 2016.
3. On June 27, 2017, Governor Jerry Brown signed SB 94, clarifying and reconciling AUMA and MMRSA, including the local controls.
4. Local governments are allowed to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program, pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4)).
5. The Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code Section 19315(a)).
6. The Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code Section 19316(c)).
7. Local government that wishes to prevent marijuana delivery activity, as defined in Business and Professions Code Section 19300.5(m) of the Act, from operating within the local government's boundaries, must enact an ordinance affirmatively banning such delivery activity (Business and Professions Code Section 19340(a)).
8. The city council finds and enacts this chapter for the following purpose:
a. To prohibit the cultivation of marijuana in the City of lone, and to not administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana in the city; b. To exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; 165
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c. To exercise its police power to enact and enforce regulations for the public benefit, safety, and welfare of the community;
d. To expressly prohibit the cultivation, sale, delivery, and/or dispensing of commercial medical marijuana in the city; and
e. To place restrictions on the personal cultivation of marijuana.
B. Definitions. For purposes of this chapter, the following definitions shall apply:
1. "Marijuana" means any or all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
2. "Commercial cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis for medical or recreational use, including nurseries, that is intended to be transported, processed, manufactured, distributed, dispensed, delivered, or sold in accordance with the Medical Cannabis Regulation and Safety Act (MCRSA) (AUMA) Adult Use of Marijuana for use by medical cannabis patients or recreational users in California pursuant to (MMRSA) (AUMA) or (MAUCRSA) Medicinal and Adult-Use Cannabis Regulation and Safety Act, found at Section 11362.5 of the Health and Safety Code.
3. "Marijuana processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.
4. "Marijuana dispensary" or "marijuana dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code Section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non- Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 166
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(Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
5. "Medical marijuana collective" or "cooperative or collective" means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
6. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.
C. Prohibited Activities. Commercial marijuana cultivation, marijuana processing and marijuana dispensaries shall be prohibited activities, except where preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the City of lone and no person shall otherwise establish or conduct such activities in the City of lone, except where the preempted by federal or state law.
D. Cultivation for Personal Use.
1. Personal use marijuana cultivation shall comply with all state laws and is subject to the provisions contained within this chapter.
2. Cultivation of marijuana is prohibited outdoors within the City of lone.
3. No person under the age of 21 shall possess, plant, cultivate, harvest, dry, or process cannabis plants.
4. Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
5. Cultivation areas, including but not limited to residential and accessory structures, shall comply with the following requirements:
a. Marijuana cultivation shall not adversely affect the health, safety, or general welfare of persons at the cultivation site or at any nearby residence by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of hazardous materials, processes, products or wastes, or by any other way. The cultivation of marijuana shall not subject residents of neighboring parcels who are of normal, sensitivity to reasonably objectionable odors. b. All new structures used or intended for use in indoor cultivation shall submit complete construction plans for review to the building department, obtain 167
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building permits, and obtain required building inspections and a final certificate of occupancy prior to the start of any indoor cultivation activities. c. All electrical, mechanical, and plumbing used for cultivation of marijuana shall be installed with valid electrical, mechanical, and plumbing permits issued and inspected by the City of lone Building Department, which building permits shall only be issued to the legal owner of the parcel.
d. Living plants and any cannabis produced by the plants in excess of 28.5 grams kept within the person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area, shall be stored in a locked space, and not visible by normal unaided vision from a public place. e. All structures used for cultivation of marijuana shall contain adequate ventilation, air filtration and odor control filters to prevent odor, mold and mildew in any area used for cultivation or which is used as, designed or intended for human occupancy, or on adjacent parcel. Indoor grow lights shall not exceed 1,200 watts (1,200W) and shall comply with the California Building, Electrical and any applicable Fire Codes. Gas products (including, without limitation, C02, butane, propane and natural gas), or generators shall not be used within any structure used for indoor cultivation. Grow light systems associated with cultivation shall be shielded to confine light and glare to the interior of the structure and shall conform to all applicable building and electrical codes. Lights used indoors shall not interfere with the use of any radio or other communication devices. f. Any lights used for the cultivation of marijuana shall be shielded or otherwise positioned in a manner that will not shine light outside of the structure in which the cultivation occurs and shall comply with the requirements of the lone City Code and provisions of state law.
g. The cultivation of marijuana shall not exceed the noise level standards as set forth in City Code.
h. If the person(s) cultivating marijuana on any legal parcel is/are not the legal owners) of the parcel, the person(s) who is/are cultivating marijuana on such parcel shall, (a) give written notice to the legal owners) of the parcel prior to commencing cultivation of marijuana on such parcel, and (b) shall obtain a signed and notarized letter from the legal owners) consenting to the cultivation of marijuana on the parcel. The person(s) cultivating marijuana shall obtain this written letter of consent from the legal owner prior to cultivating marijuana on the parcel and at least annually thereafter. A copy of the most current letter of consent shall be displayed immediate area in such a manner as to allow law enforcement officers to easily see the letter of consent without having to enter any building of any type. The person(s) cultivating marijuana shall maintain the original letter of consent on the parcel at which marijuana is being cultivated and shall provide the original letter to the enforcement officer for review and copying upon request.
The chief of police may prescribe forms for such letters. 168
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i. The use of hazardous materials for and/or in association with the cultivation of marijuana, except for limited quantities of hazardous materials that are below State of California threshold, is prohibited. Any hazardous materials stored shall maintain a minimum setback distance of 100 feet from any private drinking water well, spring, water canal, creek or other surface water body, and 200 feet from any public water supply well or source. The production of any hazardous waste as part of the Cultivation process shall be prohibited.
j. All parcel used for the cultivation of marijuana shall have a legal and permitted water source on the parcel and shall not engage in unlawful or unpermitted diversion or drawing of surface water or permit illegal discharges of water from the parcel.
k. New structures used for the cultivation of marijuana shall meet all of the following criteria:
i. The structure, regardless of size, shall be legally constructed in accordance with all applicable development permits and entitlements including, but not limited to, grading, building, structural, electrical, mechanical and plumbing permits approved by applicable federal, state and local authorities prior to the commencement of any cultivation activity. The conversion of any existing structure, or portion thereof, for cultivation shall be subject to these same permit requirements and must be inspected for compliance by the applicable federal, state and local authorities prior to commencement of any cultivation activity.
ii. The structure shall not be built or placed within any setback as required by the City Code or approved development permit or entitlement. ili. The structure shall be equipped with permanently installed and permitted electricity, and shall not be served by temporary extension cords. Electrical wiring conductors shall be sized based on the current California Electrical Code with anticipated loads identified.
iv. The structure shall be equipped with a permanently installed and permitted odor control filtration and ventilation system adequate to prevent any odor, humidity, or mold problem within the structure, on the parcel, or on adjacent parcels.
v. If the structure is a greenhouse, the panels shall be of glass or polycarbonate and should be opaque for security and visual screening purposes. Where the greenhouse panels are not obscure, the greenhouse shall be screened from view by a solid fence.
Nothing herein shall limit the ability of the chief building official or designee, fire marshall or designee, or any other state or local employees or agents from entering the property to conduct the inspections authorized by or necessary to ensure compliance with this chapter, or the ability of the chief of police to make initial inspections or independent compliance checks. The chief of police is 169
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authorized to determine the number and timing of inspections that may be required.
m. Marijuana Cultivated in violation of this section shall be subject to administrative penalties, fines and cost of enforcement set out in Chapter 1.10 of lone City Code. n. Enforcement of this code shall require an inspection warrant issued by the Amador Superior Court to enter upon private property if the cultivation site is not in plain view from a legal vantage point by enforcement officer. Fourth amendment protections shall not be abridged by enforcement officers and warrants will be obtained where required
D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance.
E. Violations. Any violation of this chapter shall be punishable as provided in Chapter 1.10 of this Code or any successor section thereto.
F. Constitutionality/Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have adopted the ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. No. 496, 82, 12-5-2017)
Footnotes:
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Editor's note— Ord. No. 496, § 1, adopted December 5, 2017, repealed the former Chapter 17.29, § 17.29.010, and § 2 of Ord. No. 496 enacted a new Chapter 17.29 as set out herein. The former Chapter 17.29 pertained to similar subject matter and derived from Ord. No. 475, adopted December 15, 2015.
ARTICLE VI. GLOSSARY
Chapter 17.300 GLOSSARY OF TERMS
17.300.010 Purpose.
The purpose of this chapter is to provide general definitions of the terms and phrases used in the Code that are technical or specialized in an effort to ensure consistency in the interpretation of the zoning code. Definitions are organized alphabetically.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 170
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17.300.020 General definitions.
Abandoned Advertising Display or Abandoned Sign. Any display or sign remaining in place or not maintained for a period of 90 days, which no longer identifies an ongoing business, product or service available on the premises where the display or sign is located or where the building, business or establishment to which the display or sign is related has ceased operation. For purposes of this definition, abandonment for the applicable period shall be deemed conclusive evidence of abandonment regardless of the property, business or sign owner's intent.
Accessory Structure. A detached structure or building which is subordinate to, and the use of which is subordinate to, and whose use is customarily incidental to, that of the primary structure, structure, or use on the same or attached/adjacent lot. An ADU is not an accessory structure. There are five kinds of accessory structures, as follows:
1. Accessory Building. A detached structure ten square feet in size or greater. Such structures are broken down into one of the following three categories:
a. Fully Enclosed. Structures that are enclosed with walls for at least 50 percent of the perimeter of the building. These include but are not limited to garages, greenhouses, poolhouses, restrooms, sunrooms, workshops, storage sheds, barns, windmills, water towers, and other agricultural outbuildings, but do not include accessory dwelling b. Limited/No Enclosure. Structures that are substantially open on all sides (less than 50 percent of the perimeter is enclosed), including:
i. With Solid Roofs. These include but are not limited to carports, solid roofed patio covers and gazebos, and lean-tos and similar agricultural outbuildings with solid roof construction; and
ii. With Substantially Open Roofs. These include trellis patio covers, arbors, pergolas, and similar structures constructed with a lattice-like roof structure. For purposes of this definition "substantially open" shall mean a minimum of 50 percent of the covered area is open to light and air.
2. Landscape Feature. A detached decorative structure that is placed outside of any other structure. Such features are sometimes used in conjunction with plant materials for aesthetic enhancement. This definition includes trellises and vertical lattice structures less than ten square feet in size, statues, fountains/water features, and similar features.
3. Pool/Spa. As defined in the city-adopted building code, any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs, and spas. Also includes incidental equipment and housing (e.g., pumps, heating equipment, etc.).
4. Deck. An exterior floor supported by posts, piers, or other independent supports. As an accessory structure, a deck is not supported by an adjacent structure.
5. Play equipment. Any structure used for recreational purposes including play structures, jungle gyms, and swings, as defined in the California Building Code. 171
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Accessory Use. A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.
Adult Bookstore. An establishment that has 25 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
Adult Cabaret. An establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.
Adult Entertainment Material. Means any audio tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Adult Entertainment Merchandise. Means adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
Adult Hotel/Motel. Means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 25 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
Adult Motion Picture Theater. An establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Adult Retail Store. An establishment that, for any form of consideration, as a regular and substantial course of conduct (25 percent or more of the stock) offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise, or both.
Affordable Housing Costs. Housing expenses, including a reasonable allowance for principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities (30 percent of gross monthly income), for owner-occupied target units reserved for the following include households, not exceeding the following calculations:
1. Extremely low income households: 30 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent. 172
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2. Very low income households: 50 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
3. Lower income households: 70 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
4. Moderate income households: 110 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
Affordable Rent. Monthly housing expenses, including a reasonable allowance for utilities (30 percent of gross monthly income), for rental target units reserved for the following income households, not exceeding the following calculations:
1. Extremely low income households: 30 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
2. Very low income households: 50 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
3. Lower income (low income) households: 60 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
4. Moderate income households: 110 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.
A-Frame Sign. A sign made of wood, cardboard, plastic or other lightweight and rigid material having the capability to stand on its own supports) and being portable and movable. See Figure 17.300.020- 1 (A-frame sign).
Figure 17.300.020-1: A-frame Sign
CUPCAKES
Alley. A public way permanently reserved as a secondary means of access to abutting property.
Animated Sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the 173
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exterior of a structure, or is portable or movable. An antenna shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support; such elements are deemed to be a part of the antenna.
Antenna, Amateur Radio. Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.
Antenna, Directional (Also Known as a Panel Antenna). An antenna that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.
Antenna, Building-Mounted. Any antenna, directly attached or affixed to a building, tank, tower, or other structure. Building-mounted antenna are identified in two distinct categories herein as follows:
1. Wall-Mounted. Attached or affixed to the elevation of the structure.
2. Roof-Mounted. Attached or affixed to the rooftop or top of the structure.
Antenna, Ground-Mounted. Any antenna with its base (either single or multiple posts) placed directly on the ground or a mast 12 feet or less in height and six inches in diameter.
Antenna, Parabolic (also known as Satellite Dish Antenna). Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters. This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.
Antenna, Receive-Only. An antenna for the reception of radio and television signals, without transmitting capabilities, and may include pole or dish types of antennas.
Antenna Structure. Any structure, including a pole, mast, or tower, whether free-standing or mounted on another building or structure, that supports an antenna or an array of antennas.
Basement. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above which is partly below grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to the floor above.
Beacon or Spotlight. Any structure or equipment emitting laser light or light with one or more beams (whether stationary or moving) that are directed into the atmosphere or at one or more points not on the same lot as the light source.
Blade/Bracket Sign. A small, pedestrian-oriented sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign). See Figure 17.300.020-2 (Bracket Sign) and Figure 17.300.020-3 (Blade Sign).
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Figure 17.300.020-2: Bracket Sign
CUPCAKES
Figure 17.300.020-3: Blade Sign
CUPCAKES TH
Buildable Area. The area of a lot that is not the required yard area.
Buildable Portion of a Lot or Buildable Yard Area. That portion of a lot that is not in the required yard area.
Building. Any structure having a roof, columns, walls, and a foundation.
Building Frontage, Primary. The building frontage that faces the street. In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. (See Figure 17.300.020-4 (Building frontage and primary building frontage)). For multi-tenant buildings, 175
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ground floor tenants may have their primary frontage determined independently of the rest of the building based upon the aforementioned rules.
Figure 17.300.020-4: Building Frontage and Primary Building Frontage BF BF
BF
BF BF
PBF PBF PBF
Street Street
BF BF
BF BF BF BF
BF BF
PBF PBF
Street 3F = Building Frontage
PBF = Primary Building Frontage
Building Height. The vertical distance from the average finished ground level of the site to the highest point of the structure.
Building Sign. A sign placed on a wall, awning, canopy, parapet, or a projecting sign.
Building Site. The ground area of a building or group of buildings together with all open spaces as required by this title.
Can Sign. A sign which contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. It specifically does not include the sign cabinet that is part of a freestanding sign. See Figure 17.300.020-5 (Can sign). 176
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Figure 17.300.020-5: Can Sign
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Canopy Sign. Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover (excluding a marquee) over a door, entrance, window or outdoor service area.
Carport. A permanent roofed structure with not more than two enclosed sides used, or intended to be used, for automobile shelter or storage.
Changeable Copy Sign. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face or surface of the sign. A sign on which the message or characters change more than 12 times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title. See Figure 17.300.020-6 (Changeable copy sign).
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Figure 17.300.020-6: Changeable Copy Sign
/
NOW PLAYING
ATTACK DETHE
CUPCAKES
Channel Letter. A sign comprised of individual letters that are independently mounted to a wall or other surface and internally illuminated with a covered face. The "air space" between the letters is not part of the sign structure but rather the building facade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements. See Figure 17.300.020-7 (Channel letter sign).
Figure 17.300.020-7: Channel Letter Sign
CUPCAKES
Child Care Facility. A facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but 178
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are not limited to, infant centers, preschools, extended day care facilities, or school age child care centers as defined in this title.
City Facility. Any building or property owned by the City of lone and open to the public. This definition includes, but is not limited to, Howard Park and its various components, such as Evalynn Bishop Hall, Ed Hughes Memorial Arena, and the stables.
City Manager. The city manager of the City of lone or his or her designee. In the case of the street banner program, special event signage, or long-term signage at city facilities, "city manager" shall mean the city manager of the City of lone or any other person authorized by the city council to approve street banner programs, special event signage, or long-term signage at city facilities.
City Planner. The city planner means the city planner of the City of lone or his or her designee, or any other person authorized by city council to enforce and interpret this title.
City Property. Land or other property in which the City of lone holds a present right of possession and control, plus all public rights-of-way, plus public parks, regardless of ownership. Schools, even if publicly owned or operated, are not within this definition.
Clear Vision Triangle. The required clear cross-visibility area unobstructed by any structure or landscape between 30 inches and seven feet above the surface of the public sidewalk, or in the event that no public sidewalk has been installed, such area necessary to meet the intent of this section, as determined by the city's public works department, as follows (See Figure 17.300.020-8: Clear Visibility Triangle):
1. At any corner formed by the intersection of a driveway/alley and street, the cross-visibility area shall be a triangle having two sides ten feet long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the two ends.
At any corner formed by the intersecting streets, the cross-visibility area shall be a triangle having two sides 20 feet long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the two ends. 179
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Figure 17.300.020-8: Clear Visibility Triangle
Clearance Required
Within Controlled Area Sign
Fence • Keep Clear kione
Shrub
30° Meximum Height
w. Hearest roadway
surface
Public Street
Sign
Tree
sons sent here
userso talen
- Controlled Area
/ Controlled Area
Private Driveway
Public Street
Club. An association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business.
Co-location. A wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure, or property as another wireless communication facility owned or operated by a different communication service provider.
Commercial Mascot. A human, live animal, or inanimate object used as a commercial advertising or signaling device.
Commercial Message. Any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity.
Complete Independent Living Facility. A facility which provides permanent provisions for living, sleeping, eating, cooking, and sanitation, including the following, at a minimum:
1. Sink with hot and cold running water;
2. Range or stove-top and oven;
3. Refrigerator/freezer;
4. Counter space for food preparation; and
5. Built-in dish and utensil storage spaces.
Construction Sign. A temporary sign directly connected with a construction project and may include the construction company's name, addresses, and/or telephone number. 180
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Copy. The words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
Density Bonus. A density increase over the otherwise maximum allowable residential density under the applicable zoning district and land use element of the general plan.
Density Bonus Housing Agreement. A legally binding agreement between a developer and the city to ensure that the requirements of Chapter 17.120 (Density bonus and other incentives) are satisfied.
Density Bonus Units. Those residential units granted pursuant to the provisions of Chapter 17.120 (Density bonuses and other incentives) which exceed the otherwise maximum residential density for the development site.
Direct Broadcast Satellite Service (DBS). A system in which signals are transmitted directly from a satellite to a small home receiving dish.
Directional Sign. Any sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area.
Directory Sign. A pedestrian-oriented sign that identifies or lists the names and locations of tenants at a multi-tenant site.
Dwelling, Primary Unit. An existing single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household
Dwelling, Second Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats, and efficiency units as defined by Section 179581 of the Health and Safety Code.
Electromagnetic Wave. An electrical wave propagated by an electrostatic and magnetic field of varying intensity.
Electronic Message Sign. An electronic sign, typically comprised of a liquid crystal diode (LCD), light emitting diode (LED), plasma, or other digital illuminated display that contains one or more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message. See Figure 17.300.020-9 (Electronic message sign). 181
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Figure 17.300.020-9: Electronic Message Sign
Equivalent Financial Incentive. A monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:
1. A density bonus and an incentive or concession; or
2. A density bonus, where an incentive or concession is not requested or is determined to be unnecessary.
Family. One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Field. The part of the sign with no letters or logos.
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning
Foot Candle. A unit of illumination produced on a surface, all points of which are one foot from a uniform point of one candle.
Freestanding Sign. A permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Freestanding signs include, but are not limited to, monument signs, pole signs, and pylon signs.
Future Tenant Identification Sign. A temporary sign not exceeding , 32 square feet in area that identifies a future use of a site or building.
Garage. A building, or portion of a building in which motor vehicles used by the occupants or tenants of the primary structure or buildings on the premises are stored or kept.
Gas Pricing Signs. Signs identifying the brand, type, octane rating, etc., of gasoline for sale, as required by state law.
Ghost Sign. A term for old hand-painted advertising or signage that has been preserved on a building for an extended period of time, whether by active preservation or by choosing not to destroy it.
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Ghost Sign, New. Hand-painted advertising or signage that has been treated to give it an aged or weathered appearance. The signage recognizes an establishment (or goods that are sold) located at or on the same premises as the new ghost sign.
Glare. Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.
Grade. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation on the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In cases where walls and fences are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign, or in the case of a pole support, the lowest point of elevation of the finished surface of the ground at the supports.
Grade, Existing. The natural grade in place prior to the preparation of property for development. For individual recorded lots, existing grade shall mean natural grade or the grade established as a part of the development of the subdivision.
Grade, Finish. The final contour of the ground surface of a site that conforms to the approved grading plan.
Home Occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.
Housing Development. One or more groups of projects for residential units constructed in the city.
For purposes of density bonus, this also includes a subdivision or common interest development as defined in Section 1351 of the Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate or convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units.
For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
Incentive and Concession. Means such regulatory concessions as specified in subdivision (I) of Government Code Section 65915 which include, but are not limited to, the following:
1. The reduction of site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable financially sufficient and actual cost reductions.
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2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Direct financial assistance.
4. Other regulatory incentives or concessions which result in identifiable cost reductions or avoidance.
Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign and includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs, which are separately defined.
Inflatable Balloon Sign. A sign consisting of balloons, inflatables, or similar air, helium or hydrogen filled materials, including balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention.
Logo. A proprietary graphic used as an identifying mark of a company, business, or organization. For purposes of this title, logos shall be limited to registered trademarks.
Lot. A parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the county recorder, or a parcel of real property abutting upon at least one public street and held under separate ownership prior to the effective date of this title.
Lot Area. The total horizontal area within the lot lines of a lot.
Lot, Corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. See Figure 17.300.020-10 (Corner lot).
Figure 17.300.020-10: Corner lot
Street Side Property Line
Public Street
Required Side Yard
Rear Property Line
Front Property Line
Neighboring
Requited Property
Font Buildable Area
Pable Stront
Required Side Yard
Side Property Line
Neichboring
Property
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Lot Depth. The horizontal distance between the front and rear property lines measured along a line midway between the side property lines.
Lot, Double Frontage. A lot having frontage on two parallel or approximately parallel streets. See Figure 17.300.020-11 (Double frontage lot).
Figure 17.300.020-11: Double frontage lot
Neighboring
Property
lasterier Side;
skeyard
Double Frontage Lot Public Spret
saightwiing
(300c)
deterior Sidel
Lot, Flag. A parcel of land shaped like a flag; the staff (access corridor) is a narrow strip of land providing vehicular and pedestrian access to the street with the bulk of the property lying to the rear of other lots. See Figure 17.300.020-12 (Flag lot).
Figure 17.300.020-12: Flag lot
Neighboring
troperty
Side Property Line
Front Property line-
Neighboring
Property
Publi: Seet Neighboring
Buildable Area Property
*— Rear Property Lin
Access Aros
Side Property Line
Neighboring
Property
Sore De To 539
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Lot Frontage. That portion of a lot that abuts a street right-of-way or other principal means of access thereto.
Lot, Interior. A lot other than a corner lot. See Figure 17.300.020-13 (Interior lot).
Figure 17.300.020-13: Interior Lot
Neighboring
Property
Side Property ine
Front Property Line + Rear Property Line
Pubik: Street Buildable Area
Side Property Line Neighboring
Property
Note not to scale
Lot, Key. The first interior lot to the rear of a reversed corner lot, whether or not separated by an alley.
Lot, Reversed Corner. A corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot Line, Front. The property line dividing a lot from a street. The front lot line shall be that narrowest property line which abuts a public street (see Figures 17.300.020-10 and 17.300.020-13). In the case of a flag lot, it shall be property line that abuts the access corridor (see Figure 17.300.020-12). In the case of lots along cul-de-sacs, elbows, or other similar roadways where the property does not comply with the minimum frontage requirements of this title, the front property line for purposes of determining setbacks shall be measured from an imaginary line drawn parallel to the property line along the street and with a minimum length equal to the minimum frontage (see Figure 17.300.020- 14).
Lot Line, Rear. The line opposite and most distant from the front lot line and most parallel to the front lot line. See Figures 17.300.020-10, 12, 13, and 14 for examples of a common rear property line and see Figure 17.300.020-15 for an example of a rear property line on an irregular shaped lot where the rear property line is not exactly parallel to the front property line. In the case of an irregular, triangular, or gore-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
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Figure 17.300.020-14 Lot Lines (lots along cul-de-sacs, elbows, or other roadways) Neighboring
Property
Side Property Line
Public Street
Requited
Front
+ Front Property Line
Rear Property Line - Buildable Area
Regulted i Neighboring
side ¡ * Side Property Line
Property
Yard
Side Property Line
Neighboring
Property
Figure 17.300.020-15 Lot Lines-Irregular Lots
Neighboring
Property
(Rear Lot)
Rear Property Line
Neighboring
Property Required
(Interior Lot) Real
Yar
Side Property Lines
Buildable Area
Neighboring
Property
tererior Lot)
Neighboring
Property - Side Property Line
(Interior lot:
Public Street • Front Property Line
Lot Line, Side. Any lot line other than the front lot lines or rear lot lines.
Lot Line, Street Side. A side lot line that abuts a public street.
Lot Width. The horizontal distance between side lot lines, measured at the required front setback line.
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Lower Income Household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50079.5.
Marijuana. Cannabis, cannabis products, tetrahydrocannabinol (THC), THC products, and all other derivatives, whether natural or synthetic, including (i) all products or goods however administered, taken or consumed, which contain any amount of cannabis or THC, whether natural or synthetic, and (i) all cannabis products and THC products used for medicinal or recreational purposes.
Marijuana Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Marijuana Delivery. The transfer of marijuana or marijuana products, whether for recreational or medicinal purposes, from a dispensary, testing facility, or other source to a qualified patient, designated care giver or other recipient.
Marijuana Dispensary. A facility or structure where marijuana is offered for sale, whether for medicinal or recreational use.
Marijuana Related Land Use. The use of land (whether public or private) or a facility or structure, to cultivate, manufacture, or test marijuana as that term is defined in this chapter, or the dispensing, delivering, or transporting of marijuana on, over or through any land within the city, including but not limited to one or more of the following uses specifically defined herein: marijuana cultivation, marijuana delivery and marijuana dispensaries.
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.
Marquee Sign. Any sign attached in any manner to, or made a part of, a marquee.
Maximum Allowable Residential Density. The maximum number of residential units permitted by the city's zoning code at the time of application.
Menu/Order Board Sign. A sign installed at a drive-through facility and oriented so as to be visible primarily by drive-through customers.
Moderate Income Household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50093.
Monument Sign. A freestanding sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a "pole sign" or a "pylon sign." See Figure 17.300.020-16 (Monument sign).
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Figure 17.300.020-16: Monument Sign
Multi-Tenant Center. A property or combination of properties containing three or more separate tenants that share common parking, driveway, and access areas.
Mural. A non-commercial message expression of public art executed directly on a wall (fresco) or done separately and affixed to it.
NIER. A non-ionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
Non-Commercial Sign. A sign that displays non-commercial speech, e.g., commentary or advocacy on topics of public debate and concern.
Nonconforming Building. A building or structure, or portion thereof, conflicting with the provisions of this title applicable to the zone in which it is situated.
Nonconforming Sign. A sign lawfully erected that does not comply with the provisions of this title.
Nonconforming Use. The use of a structure or premises conflicting with the provisions of this title.
Non-Restricted Unit. All units within a housing development, excluding the target units.
Objective standards. Objective standards, including "objective zoning standards," "objective subdivision standards," and "objective design review standards", mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
Occupancy, Change of. A discontinuance of an existing use and substitution therefore of a use of a different kind or class.
Occupied. Includes arranged, designed, built, altered, converted, rented, or leased, or intended to be occupied
Off-Site or Off-Premise Sign. A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include, but is not limited to, billboards, posters, panels, painted 189
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bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages:
1. A permanent structure sign which is used for the display of off-site commercial messages;
2. A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign), in exchange for a rent, fee, or other consideration.
On-Site or On-Premise Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple tenant commercial or industrial development, a sign is considered on- site whenever it is located anywhere within the development. In the case of a duly approved uniform sign program, a sign anywhere within the area controlled by the program may be considered on- site when placed at any location within the area controlled by the program.
Open Space, Landscaped. All landscaped areas within a development project. Such areas shall include all usable private and semi-private open space and all additional landscaped areas, including street frontages, entry monuments, uncovered walkways, landscaped areas and areas determined by the city to be of a similar nature.
Open Space, Usable Private. An outdoor area, including patio and balcony, that is designed and used for recreation, outdoor living and enjoyment by the residents of a specific dwelling unit. Such areas shall be enclosed by a fence of no less than four feet in height and shall have no width or depth dimension less than six feet. Private open space areas shall extend at least four feet beyond any roof, eaves and overhang, or second story extensions.
Open Space, Usable Semi-Private. An outdoor area that is designed and used for recreation and enjoyment by the residents of a development project. Such areas shall be located fully within the subject development project, shall be separated from public vehicle circulation and shall include landscaping and improvements as determined appropriate by the city, and shall have no width or depth dimension less than 15 feet.
Painted Sign. A sign that is comprised only of paint applied on a building or structure.
Permanent Sign. A sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than 120 days.
Permanent Window Sign. A sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of a window or otherwise easily visible from the exterior of a building.
Person. Any individual, firm, copartnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any group or combination acting as a unit. 190
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Persons and Families of Moderate Income. Means households whose income does not exceed the moderate limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50093 of the California Health and Safety Code.
Pole Sign. A freestanding sign in excess of six feet in height which is detached from a building and is supported by one or more structural elements that are either: a) architecturally dissimilar to the design of the sign; or b) less than one-quarter the width of the sign face. Pole signs less than six feet in height are prohibited. See Figure 17.300.020-17 (Pole sign).
Figure 17.300.020-17: Pole Sign
Political Sign. A sign erected prior to (and may exist after) an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.
Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels; A-frame signs; menu and sandwich board signs; and umbrellas used for advertising. Clothing or other aspects of personal appearance are not within this definition.
Projecting Sign. A sign attached to and extending outward from the face of a building. A projecting sign includes, but is not limited to, a blade sign, bracket sign, or marquee sign.
Push Pin Letter Sign. A sign comprised of individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting.
The "air space" between the letters is not part of the sign structure but rather the building facade.
See Figure 17.300.020-18 (Push Pin Letter Sign).
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Figure 17.300.020-18: Push Pin Letter Sign
CUPCAKES
Pylon Sign. A freestanding sign in excess of six feet in height that is detached from a building and is supported by one or more structural elements that are architecturally similar to the design of the sign. Pylon signs less than six feet in height are prohibited. See Figure 17.300.020-19 (Pylon sign).
Figure 17.300.020-19: Pylon Sign
Qualifying Senior Resident. Senior citizens or other persons eligible to reside in a senior citizen housing development, as described in Section 51.3 of the California Civil Code. 192
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Real Estate Sign. A temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent.
Related Equipment. All equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.
Reverse Channel Letter Sign. A sign comprised of individual letters that are independently mounted to a wall or other surface, with lights mounted behind the letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "air space" between the letters is not part of the sign structure but rather the building facade. See Figure 17.300.020-20 (Reverse channel letter sign).
Figure 17.300.020-20: Reverse Channel Letter Sign
CUPCAKES
Right-of-Way Line. The future right-of-way line or plan lines of any highway or street as shown on the current circulation plan roadway system and sizing map of the city's general plan.
Roof Sign. A sign erected, constructed, painted or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.
Satellite Earth Station (SES). A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.
Senior Citizen Housing Development. A residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units and complies with the requirements of California Civil Code Section 51.3.
Setback. The minimum distance between a structure and a property line of the lot measured at a right angle from the designated property line. Sexually Explicit Nature. Means and includes an 193
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emphasis upon specified anatomical areas and specified sexual activities, including but not limited to the following:
1. Specified Anatomical Areas.
a. Less than completely and opaquely covered by fabric: (i) human genitals or pubic region; (ii) human buttocks; (iii) human anus; or (iv) the female breast below a point immediately above the top of the areola;
b. Human male genitals in a discernible turgid state, even if completely or opaquely covered by any type of fabric or covering, including natural or synthetic fibers and filaments, paper, metallic, or plastic materials; and
c. Any device, costume, or covering that stimulates any of the body parts included in subdivisions (a) through (b) above.
2. Specified Sexual Activities.
a. The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast;
b. Sex acts, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy;
Masturbation, actual or stimulated;
Excretory functions as part of or in connection with any of the other activities described in subdivision (a) through (c) above.
Special Needs Population. Persons identified as having special needs related to any of the following:
1. Physical disabilities;
2. Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;
3. The risk of homelessness; or
4. Persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code.
Sign. Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a "sign":
1. Interior Signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located at least three feet from the window on the interior of the structure;
2. Architectural Features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
3. Symbols Embedded in Architecture. Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently 194
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integrated into the structure of a building; the definition also includes foundation stones and cornerstones;
4. Personal Appearance. Items or devices of personal apparel, decoration or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots);
5. Manufacturers' Marks. Marks on tangible products that identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
6. Fireworks, Candles, and Artificial Lighting. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this title;
7. Mass Transit Graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the City;
8. Vehicle and Vessel Insignia. As shown on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
9. Grave stones and grave markers;
10. News racks and newsstands;
11. Shopping carts, golf carts, and horse drawn carriages;
12. Vending machines that do not display offsite commercial messages or general advertising messages;
13. Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way;
14. Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages.
Sign Face. That area or portion of a sign on which copy is intended to be placed Sign Ordinance. Chapter 17.42 (Signs on city property) of the lone Municipal Code.
Special Event Signage. Signage associated with a permitted special event at a City facility (e.g., Howard Park).
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
Story, Half. A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.
Street. A public thorough-fare which affords the principal means of access to abutting property. 195
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Street Banner. A temporary secured banner to be located along or over designated streets or displayed on a utility pole located in a public right-of-way as approved by the city.
Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but does not include fences or walls used as fences less than six feet in height.
Subdivision Directional Sign. A temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales signs are included within the definition of real estate sign.
Subdivision, Permanent Identification Sign. A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long-lasting, weather-resistant materials such as stone or metal.
Supportive Services. Services that include, but are not limited to, a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Target Unit. A dwelling unit within a qualifying housing development which will be reserved for sale or rent to, and affordable to, a specific income household, or qualifying senior residents.
Temporary Promotional Sign. Any flag displaying a commercial/promotional message, pennant, streamer, banner, beacon, bunting material, or other similar non-permanent sign made of paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed as freestanding, wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, or beacon, which is intended to be displayed for a limited period of time.
Temporary Sign. A structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools, and which is not intended or suitable for long term or permanent display (e.g., less than 120 days), due to the lightweight or flimsy construction materials. Examples include, but are not limited to, A-frame signs, banners, pennants, streamers, or similar non-permanent signs made of paper, cloth, canvas, light-weight fabric, or other non-rigid material, with or without frames.
Tower. A mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground-mounted structures 12 feet or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen 196
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with a mast greater than six inches in diameter supporting one or more antenna, dishes, arrays, or other associated equipment.
Traditional Public Forum. The traditional public forum areas in the City of lone shall specifically be Howard Park; the area outside of City Hall and the council chambers including that portion of Main Street in front of City Hall and that portion of North Church Street along City Hall between Main Street and Sutter Creek and including Train Park; and Heath Knoll at the intersection of Sutter Lane and Preston Avenue. In consultation with the city attorney, the city planner shall interpret this phrase in light of relevant court decisions.
Uniform Sign Program. An integrated, visual and/or written description of the signs to be placed on a building or grouping of buildings for the purpose of aesthetic uniformity in sign design, construction and placement.
Use. The purpose for which land or building is designed, arranged or intended, of for which either is or may be occupied or maintained
Very Low Income Household. Households whose income does not exceed the qualifying income limits for very low income households applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50105 of the California Health and Safety Code.
Void Rule. 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 x height × 75 percent). This practice shall be known as the void rule.
Wall Sign. A sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall.
Weekend Directional Stake Sign. A sign, customarily displayed on the weekends, measuring less than nine square feet in area, mounted on a wooden stake, and identifying the location and name of a new home sales location/subdivision.
Window Sign. Any sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.
Wireless Communication Facility. Any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structures for the support of such facilities, associated buildings or cabinets to house support equipment, and other accessory structures or development. A wireless communication facility is a type of telecommunications facility.
Yard. An open space, other than a court, on a lot, unoccupied, and unobstructed from the ground upward, except as otherwise provided in this title. Types of yards include the following:
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1. Yard, Front. A yard extending across the full width of the lot between the front of the primary structure and the front lot line. The depth of the required front yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the front lot line.
2. Yard, Rear. A yard extending across the full width of the lot between the most rear primary structure and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the primary structure toward the nearest point of the rear lot line.
Yard, Side. A yard between a building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the closest building.
4. Yard, Side Street. A yard, between a building and the side lot line adjacent to the street right-of-way, extending from the front yard to the rear yard. The depth of the required side street yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the side lot line adjacent to the street.
Yard Area, Actual. The actual yard area of a lot is the horizontal area between the property line and a parallel line along the nearest structure located outside of the required setback area. See Figure
17.32.020-5 (Yard area).
Yard Area, Required. The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to Article Il (Zoning districts, allowable uses, and general development standards). See Figure 17.300.020-21 (Yard area).
Figure 17.300.020-21: Yard area
Neighboring Neighboring
Property Property
Required
Yard Area
Neighboring Neighboring Neighboring
Property Property Property
Actual
Yard Area
Minimum Minimum
Street
Setback Setback
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(Ord. No. 497, § 2, 12-5-2017; Ord. No. 493, § 3, 7-18-17; Ord. No. 475, § 3, 12-15- 2015; Ord. No. 455, § 10, 12-6-2011 ; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
Chapter 17.310 ALLOWED USE DEFINITIONS
17.310.010 Purpose.
The purpose of this chapter is to provide descriptions for each of the land use categories used in this title. Descriptions are grouped by general category on the basis of function, product, or compatibility characteristics as used in Article I (Zoning districts, allowed uses, and development standards). (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.310.020 Allowed use definitions.
Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. An ADU shall be considered an accessory use.
Adult Day Care Facility. State-licensed facilities that provide non-medical care and supervision for more than six adults for periods of less than 24 hours, with no overnight stays.
Adult Day Care Home. Defined by State law as the provision of non-medical care to six or fewer adults, including seniors, in the providers own home, for a period of less than 24-hours at a time.
Homes serving more than six adults are included in "adult day care facility." Adult Oriented Business. Any business that, for any form of consideration, as a regular and substantial portion of conduct offers its patrons products, merchandize, services, or entertainment that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of 18 years. A regular and substantial portion of conduct shall mean any of the following:
1. That 25 percent or more of the business's gross revenue is derived from merchandise, services, or entertainment that is of a sexually explicit nature;
2. That 25 percent or more of the floor space of the area of the building open to the public is used for the display of products, merchandise, services, or entertainment that is of a sexually explicit nature.
Agricultural Employee Housing. Housing accommodation or property that meets the definition of employee housing in California Health and Safety Code Section 17008 and is provided for use by agricultural employees, as defined by subdivision (b) of Section 1140.4 of the California Labor Code.
Agricultural Products Processing. The act of changing an agricultural crop after harvest, from its natural state to the initial stage of processing in order to prepare it for market and for further 199
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processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.
Agricultural Tourism. Establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include but are not limited to wineries with tasting rooms and permanent road-side crop stands or fruit stands.
Airport. An airport is a facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings. This includes the transference of freight from one aircraft to another, or from one aircraft to another type of vehicle, and all related ancillary activities. Transferring freight without the use of aircraft is included in "freight yard/truck terminal."
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.
Ambulance Service. Emergency medical care and transportation, including incidental sleeping quarters, storage, and maintenance of vehicles.
Animal Husbandry. Raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under "animal sales and grooming." Keeping of animals is defined separately under "animal keeping." Animal Keeping. Care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Article II (Zoning districts, allowable uses, and general development standards). This classification is distinct from "animal husbandry," "animal sales and grooming," and "equestrian facility" (commercial or hobby).
Also see "kennels, commercial," which provides for the boarding of animals (e.g. "doggie day-care").
Domestic Pets. Small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry. No more than any combination of small animals up to a maximum of five. More than five shall be considered a kennel (hobby or commercial).
Exotic Animals. Wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including potbelly pigs, snakes, reptiles, and large tropical birds (including peacocks).
Livestock Animals. Livestock refers to domesticated animals that may be kept or raised in pens, barns, houses, and pastures whether for commercial or private use. Livestock includes, but is not limited to cattle, sheep, swine, goats, equine, and fowl.
4. Poultry/Rabbits. Domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. Also includes rabbits.
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Animal Sales and Grooming. Retail sales of domestic and exotic animals, bathing and trimming services and boarding of said animals for a maximum period of 72 hours conducted entirely within an enclosed building with no outdoor use.
Auto and Vehicle Sales and Rental. Retail establishments selling and/or renting automobiles, trucks and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see auto parts sales"), bicycle and moped sales (see "retail-general"), tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "recycling- scrap and dismantling Yards"), wholesale establishments selling vehicles and parts (see "auto and vehicle sales, wholesale"', dismantling of auto vehicles (see "auto vehicle Dismantling"), or "Service Stations," all of which are separately defined.
Auto and Vehicle Sales, Wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto scrapping or dismantling yard.
Auto and Vehicle Storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreation vehicles. Does not include vehicle dismantling (see "Auto Vehicle Dismantling") or retail sales (see "Auto and Vehicle Sales, Wholesale").
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories separate from an auto dealership. May also include minor parts installation (see "vehicle services"). Does not include tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "auto and vehicle sales, wholesale"), or the sale of auto parts/accessories as part of a vehicle dealership (see "auto and vehicle sales and rental").
Auto Vehicle Dismantling. Establishment for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of "auto and vehicle sales, wholesale." Banks and Financial Services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM).
Bars and Nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g. music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brew pub or microbrewery.
Bars and nightclubs may include outdoor food and beverage areas.
Bed and Breakfast Inns. Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "hotels and motels." 201
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Lower Income Household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50079.5.
Marijuana. Cannabis, cannabis products, tetrahydrocannabinol (THC), THC products, and all other derivatives, whether natural or synthetic, including (i) all products or goods however administered, taken or consumed, which contain any amount of cannabis or THC, whether natural or synthetic, and (ii) all cannabis products and THC products used for medicinal or recreational purposes.
Marijuana Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Marijuana Delivery. The transfer of marijuana or marijuana products, whether for recreational or medicinal purposes, from a dispensary, testing facility, or other source to a qualified patient, designated care giver or other recipient.
Marijuana Dispensary. A facility or structure where marijuana is offered for sale, whether for medicinal or recreational use.
Marijuana Related Land Use. The use of land (whether public or private) or a facility or structure, to cultivate, manufacture, or test marijuana as that term is defined in this chapter, or the dispensing, delivering, or transporting of marijuana on, over or through any land within the city, including but not limited to one or more of the following uses specifically defined herein: marijuana cultivation, marijuana delivery and marijuana dispensaries.
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.
Marquee Sign. Any sign attached in any manner to, or made a part of, a marquee.
Maximum Allowable Residential Density. The maximum number of residential units permitted by the city's zoning code at the time of application.
Menu/Order Board Sign. A sign installed at a drive-through facility and oriented so as to be visible primarily by drive-through customers.
Moderate Income Household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50093.
Monument Sign. A freestanding sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a "pole sign" or a "pylon sign." See Figure 17.300.020-16 (Monument sign).
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Figure 17.300.020-16: Monument Sign
Multi-Tenant Center. A property or combination of properties containing three or more separate tenants that share common parking, driveway, and access areas.
Mural. A non-commercial message expression of public art executed directly on a wall (fresco) or done separately and affixed to it.
NIER. A non-ionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
Non-Commercial Sign. A sign that displays non-commercial speech, e.g., commentary or advocacy on topics of public debate and concern.
Nonconforming Building. A building or structure, or portion thereof, conflicting with the provisions of this title applicable to the zone in which it is situated.
Nonconforming Sign. A sign lawfully erected that does not comply with the provisions of this title.
Nonconforming Use. The use of a structure or premises conflicting with the provisions of this title.
Non-Restricted Unit. All units within a housing development, excluding the target units.
Objective standards. Objective standards, including "objective zoning standards," "objective subdivision standards," and "objective design review standards", mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
Occupancy, Change of. A discontinuance of an existing use and substitution therefore of a use of a different kind or class.
Occupied. Includes arranged, designed, built, altered, converted, rented, or leased, or intended to be occupied.
Off-Site or Off-Premise Sign. A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include, but is not limited to, billboards, posters, panels, painted 189
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bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages:
1. A permanent structure sign which is used for the display of off-site commercial messages;
2. A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign, in exchange for a rent, fee, or other consideration.
On-Site or On-Premise Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple tenant commercial or industrial development, a sign is considered on- site whenever it is located anywhere within the development. In the case of a duly approved uniform sign program, a sign anywhere within the area controlled by the program may be considered on- site when placed at any location within the area controlled by the program.
Open Space, Landscaped. All landscaped areas within a development project. Such areas shall include all usable private and semi-private open space and all additional landscaped areas, including street frontages, entry monuments, uncovered walkways, landscaped areas and areas determined by the city to be of a similar nature.
Open Space, Usable Private. An outdoor area, including patio and balcony, that is designed and used for recreation, outdoor living and enjoyment by the residents of a specific dwelling unit. Such areas shall be enclosed by a fence of no less than four feet in height and shall have no width or depth dimension less than six feet. Private open space areas shall extend at least four feet beyond any roof, eaves and overhang, or second story extensions.
Open Space, Usable Semi-Private. An outdoor area that is designed and used for recreation and enjoyment by the residents of a development project. Such areas shall be located fully within the subject development project, shall be separated from public vehicle circulation and shall include landscaping and improvements as determined appropriate by the city, and shall have no width or depth dimension less than 15 feet.
Painted Sign. A sign that is comprised only of paint applied on a building or structure.
Permanent Sign. A sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than 120 days.
Permanent Window Sign. A sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of a window or otherwise easily visible from the exterior of a building.
Person. Any individual, firm, copartnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any group or combination acting as a unit. 190
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Persons and Families of Moderate Income. Means households whose income does not exceed the moderate limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50093 of the California Health and Safety Code.
Pole Sign. A freestanding sign in excess of six feet in height which is detached from a building and is supported by one or more structural elements that are either: a) architecturally dissimilar to the design of the sign; or b) less than one-quarter the width of the sign face. Pole signs less than six feet in height are prohibited. See Figure 17.300.020-17 (Pole sign).
Figure 17.300.020-17: Pole Sign
Political Sign. A sign erected prior to (and may exist after) an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.
Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels; A-frame signs; menu and sandwich board signs; and umbrellas used for advertising. Clothing or other aspects of personal appearance are not within this definition.
Projecting Sign. A sign attached to and extending outward from the face of a building. A projecting sign includes, but is not limited to, a blade sign, bracket sign, or marquee sign.
Push Pin Letter Sign. A sign comprised of individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting.
The "air space" between the letters is not part of the sign structure but rather the building facade.
See Figure 17.300.020-18 (Push Pin Letter Sign).
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Figure 17.300.020-18: Push Pin Letter Sign
CUPCAKES
Pylon Sign. A freestanding sign in excess of six feet in height that is detached from a building and is supported by one or more structural elements that are architecturally similar to the design of the sign. Pylon signs less than six feet in height are prohibited. See Figure 17.300.020-19 (Pylon sign).
Figure 17.300.020-19: Pylon Sign
Qualifying Senior Resident. Senior citizens or other persons eligible to reside in a senior citizen housing development, as described in Section 51.3 of the California Civil Code. 192
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Real Estate Sign. A temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent.
Related Equipment. All equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.
Reverse Channel Letter Sign. A sign comprised of individual letters that are independently mounted to a wall or other surface, with lights mounted behind the letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "air space" between the letters is not part of the sign structure but rather the building facade. See Figure 17.300.020-20 (Reverse channel letter sign).
Figure 17.300.020-20: Reverse Channel Letter Sign
CUPCAKES
Right-of-Way Line. The future right-of-way line or plan lines of any highway or street as shown on the current circulation plan roadway system and sizing map of the city's general plan.
Roof Sign. A sign erected, constructed, painted or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.
Satellite Earth Station (SES). A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.
Senior Citizen Housing Development. A residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units and complies with the requirements of California Civil Code Section 51.3.
Setback. The minimum distance between a structure and a property line of the lot measured at a right angle from the designated property line. Sexually Explicit Nature. Means and includes an 193
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emphasis upon specified anatomical areas and specified sexual activities, including but not limited to the following:
1. Specified Anatomical Areas.
a. Less than completely and opaquely covered by fabric: (i) human genitals or pubic region; (ii) human buttocks; (iii) human anus; or (iv) the female breast below a point immediately above the top of the areola;
b. Human male genitals in a discernible turgid state, even if completely or opaquely covered by any type of fabric or covering, including natural or synthetic fibers and filaments, paper, metallic, or plastic materials; and
c. Any device, costume, or covering that stimulates any of the body parts included in subdivisions (a) through (b) above.
2. Specified Sexual Activities.
a. The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast;
b. Sex acts, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy;
c. Masturbation, actual or stimulated;
d. Excretory functions as part of or in connection with any of the other activities described in subdivision (a) through (c) above.
Special Needs Population. Persons identified as having special needs related to any of the following:
1. Physical disabilities;
2. Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;
3. The risk of homelessness; or
4. Persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code.
Sign. Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a "sign":
1. Interior Signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located at least three feet from the window on the interior of the structure;
2. Architectural Features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
3. Symbols Embedded in Architecture. Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently 194
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integrated into the structure of a building; the definition also includes foundation stones and cornerstones;
4. Personal Appearance. Items or devices of personal apparel, decoration or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots);
Manufacturers' Marks. Marks on tangible products that identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
6. Fireworks, Candles, and Artificial Lighting. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this title;
7. Mass Transit Graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the City;
8. Vehicle and Vessel Insignia. As shown on street legal vehicles and properly licensed watercratt: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
9. Grave stones and grave markers;
10. News racks and newsstands;
11. Shopping carts, golf carts, and horse drawn carriages;
12. Vending machines that do not display offsite commercial messages or general advertising messages;
13. Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way;
14. Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages.
Sign Face. That area or portion of a sign on which copy is intended to be placed.
Sign Ordinance. Chapter 17.42 (Signs on city property) of the lone Municipal Code.
Special Event Signage. Signage associated with a permitted special event at a City facility (e.g., Howard Park).
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
Story, Half. A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.
Street. A public thorough-fare which affords the principal means of access to abutting property. 195
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Street Banner. A temporary secured banner to be located along or over designated streets or displayed on a utility pole located in a public right-of-way as approved by the city.
Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but does not include fences or walls used as fences less than six feet in height.
Subdivision Directional Sign. A temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales signs are included within the definition of real estate sign.
Subdivision, Permanent Identification Sign. A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long-lasting, weather-resistant materials such as stone or metal.
Supportive Services. Services that include, but are not limited to, a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Target Unit. A dwelling unit within a qualifying housing development which will be reserved for sale or rent to, and affordable to, a specific income household, or qualifying senior residents.
Temporary Promotional Sign. Any flag displaying a commercial/promotional message, pennant, streamer, banner, beacon, bunting material, or other similar non-permanent sign made of paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed as freestanding, wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, or beacon, which is intended to be displayed for a limited period of time.
Temporary Sign. A structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools, and which is not intended or suitable for long term or permanent display (e.g., less than 120 days), due to the lightweight or flimsy construction materials. Examples include, but are not limited to, A-frame signs, banners, pennants, streamers, or similar non-permanent signs made of paper, cloth, canvas, light-weight fabric, or other non-rigid material, with or without frames.
Tower. A mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground-mounted structures 12 feet or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen 196
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with a mast greater than six inches in diameter supporting one or more antenna, dishes, arrays, or other associated equipment.
Traditional Public Forum. The traditional public forum areas in the City of lone shall specifically be Howard Park; the area outside of City Hall and the council chambers including that portion of Main Street in front of City Hall and that portion of North Church Street along City Hall between Main Street and Sutter Creek and including Train Park; and Heath Knoll at the intersection of Sutter Lane and Preston Avenue. In consultation with the city attorney, the city planner shall interpret this phrase in light of relevant court decisions.
Uniform Sign Program. An integrated, visual and/or written description of the signs to be placed on a building or grouping of buildings for the purpose of aesthetic uniformity in sign design, construction and placement.
Use. The purpose for which land or building is designed, arranged or intended, of for which either is or may be occupied or maintained
Very Low Income Household. Households whose income does not exceed the qualifying income limits for very low income households applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50105 of the California Health and Safety Code.
Void Rule. 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 x height × 75 percent). This practice shall be known as the void rule.
Wall Sign. A sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall.
Weekend Directional Stake Sign. A sign, customarily displayed on the weekends, measuring less than nine square feet in area, mounted on a wooden stake, and identifying the location and name of a new home sales location/subdivision.
Window Sign. Any sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.
Wireless Communication Facility. Any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structures for the support of such facilities, associated buildings or cabinets to house support equipment, and other accessory structures or development. A wireless communication facility is a type of telecommunications facility.
Yard. An open space, other than a court, on a lot, unoccupied, and unobstructed from the ground upward, except as otherwise provided in this title. Types of yards include the following:
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1. Yard, Front. A yard extending across the full width of the lot between the front of the primary structure and the front lot line. The depth of the required front yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the front lot line.
2. Yard, Rear. A yard extending across the full width of the lot between the most rear primary structure and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the primary structure toward the nearest point of the rear lot line.
Yard, Side. A yard between a building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the closest building.
4. Yard, Side Street. A yard, between a building and the side lot line adjacent to the street right-of-way, extending from the front yard to the rear yard. The depth of the required side street yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the side lot line adjacent to the street.
Yard Area, Actual. The actual yard area of a lot is the horizontal area between the property line and a parallel line along the nearest structure located outside of the required setback area. See Figure
17.32.020-5 (Yard area).
Yard Area, Required. The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to Article II (Zoning districts, allowable uses, and general development standards). See Figure 17.300.020-21 (Yard area).
Figure 17.300.020-21: Yard area
Neighboring Neighboring
Property Property
Required
Yard Area
Neighboring Neighboring Neighboring
Property Property Property
Actual
Yard Area
Minimum Street Minimum
Setback Setback
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(Ord. No. 497, § 2, 12-5-2017; Ord. No. 493, § 3, 7-18-17; Ord. No. 475, § 3, 12-15- 2015; Ord. No. 455, § 10, 12-6-2011 ; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
Chapter 17.310 ALLOWED USE DEFINITIONS
17.310.010 Purpose.
The purpose of this chapter is to provide descriptions for each of the land use categories used in this title. Descriptions are grouped by general category on the basis of function, product, or compatibility characteristics as used in Article II (Zoning districts, allowed uses, and development standards). (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.310.020 Allowed use definitions.
Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. An ADU shall be considered an accessory use.
Adult Day Care Facility. State-licensed facilities that provide non-medical care and supervision for more than six adults for periods of less than 24 hours, with no overnight stays.
Adult Day Care Home. Defined by State law as the provision of non-medical care to six or fewer adults, including seniors, in the providers own home, for a period of less than 24-hours at a time.
Homes serving more than six adults are included in "adult day care facility." Adult Oriented Business. Any business that, for any form of consideration, as a regular and substantial portion of conduct offers its patrons products, merchandize, services, or entertainment that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of 18 years. A regular and substantial portion of conduct shall mean any of the following:
1. That 25 percent or more of the business's gross revenue is derived from merchandise, services, or entertainment that is of a sexually explicit nature;
2. That 25 percent or more of the floor space of the area of the building open to the public is used for the display of products, merchandise, services, or entertainment that is of a sexually explicit nature.
Agricultural Employee Housing. Housing accommodation or property that meets the definition of employee housing in California Health and Safety Code Section 17008 and is provided for use by agricultural employees, as defined by subdivision (b) of Section 1140.4 of the California Labor Code.
Agricultural Products Processing. The act of changing an agricultural crop after harvest, from its natural state to the initial stage of processing in order to prepare it for market and for further 199
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processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.
Agricultural Tourism. Establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include but are not limited to wineries with tasting rooms and permanent road-side crop stands or fruit stands.
Airport. An airport is a facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings. This includes the transference of freight from one aircraft to another, or from one aircraft to another type of vehicle, and all related ancillary activities. Transferring freight without the use of aircraft is included in "freight yard/truck terminal."
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.
Ambulance Service. Emergency medical care and transportation, including incidental sleeping quarters, storage, and maintenance of vehicles.
Animal Husbandry. Raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under "animal sales and grooming." Keeping of animals is defined separately under "animal keeping." Animal Keeping. Care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Article II (Zoning districts, allowable uses, and general development standards). This classification is distinct from "animal husbandry," "animal sales and grooming," and "equestrian facility" (commercial or hobby).
Also see "kennels, commercial," which provides for the boarding of animals (e.g. "doggie day-care").
1. Domestic Pets. Small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry). No more than any combination of small animals up to a maximum of five. More than five shall be considered a kennel (hobby or commercial).
2. Exotic Animals. Wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including potbelly pigs, snakes, reptiles, and large tropical birds (including peacocks).
3. Livestock Animals. Livestock refers to domesticated animals that may be kept or raised in pens, barns, houses, and pastures whether for commercial or private use. Livestock includes, but is not limited to cattle, sheep, swine, goats, equine, and fowl.
4. Poultry/Rabbits. Domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. Also includes rabbits.
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Animal Sales and Grooming. Retail sales of domestic and exotic animals, bathing and trimming services and boarding of said animals for a maximum period of 72 hours conducted entirely within an enclosed building with no outdoor use.
Auto and Vehicle Sales and Rental. Retail establishments selling and/or renting automobiles, trucks and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see "auto parts sales"), bicycle and moped sales (see "retail—general"), tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "recycling— scrap and dismantling Yards"), wholesale establishments selling vehicles and parts (see "auto and vehicle sales, wholesale"), dismantling of auto vehicles (see "auto vehicle Dismantling"), or "Service Stations," all of which are separately defined.
Auto and Vehicle Sales, Wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto scrapping or dismantling yard Auto and Vehicle Storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreation vehicles. Does not include vehicle dismantling (see "Auto Vehicle Dismantling") or retail sales (see "Auto and Vehicle Sales, Wholesale").
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories separate from an auto dealership. May also include minor parts installation (see "vehicle services"). Does not include tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "auto and vehicle sales, wholesale"), or the sale of auto parts/accessories as part of a vehicle dealership (see "auto and vehicle sales and rental").
Auto Vehicle Dismantling. Establishment for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of "auto and vehicle sales, wholesale." Banks and Financial Services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM).
Bars and Nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g. music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brew pub or microbrewery.
Bars and nightclubs may include outdoor food and beverage areas.
Bed and Breakfast Inns. Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "hotels and motels." 201
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Broadcasting and Recording Studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings.
Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of "wireless communication facility."
Building Materials Stores and Yards. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready- mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "warehousing and distribution." Hardware stores are listed in the definition of "general retail stores," even if they sell some building materials. Also see "home improvement supplies" for smaller specialty stores.
Bus and Transit Shelters. A small structure designed for the protection and convenience of waiting transit passengers that has a roof and usually two or three sides.
Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:
1. Equipment repair services (except vehicle repair, see "vehicle services");
2. Commercial art and design (production);
3. Computer-related services (rental, repair);
4. Copying, quick printing, and blueprinting services (other than those defined as "printing and publishing");
5. Equipment rental businesses within buildings (rental yards are "storage yards");
6. Film processing laboratories;
7. Heavy equipment repair services where repair occurs on the client site;
8. Janitorial services;
9. Mail advertising services (reproduction and shipping);
10. Mail box services other "heavy service" business services;
11. Outdoor advertising services; and
12. Photocopying and photofinishing.
Car Washing and Detailing. Permanent, drive-through, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive- related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification and are governed by the provisions of Chapter 17.220 (Temporary uses). See also "drive-in and drive-through sales and service." 202
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Caretaker Housing. A residence that is accessory to a site with a non-residential primary use, that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.
Cemeteries, Mausoleums. Land used for the burial of the dead, and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see "mortuaries and funeral homes." Check Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose.
Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see "banks and financial services").
Child Day Care Facility. A State licensed facility which provides non-medical, care, protection and supervision, to more than 14 children under 18 years of age, on a less than 24-hour basis. Commercial or non-profit child day care facilities includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
Clubs, Lodges, and Private Meeting Halls. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social and fraternal organizations; labor unions and similar organizations political organizations; professional membership organizations and other membership organizations.
Community Centers/Civic Uses. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
Community Garden. A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by city residents.
Convenience Stores. Easy access retail stores of 5,000 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility. Also see "grocery store/supermarket" for larger stores or stores oriented towards the daily shopping needs of residents.
Crop Production. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.
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Drive-in and Drive-through Sales and Service. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive through coffee, dairy product, photo stores, etc.
Dwelling, Multi-Family. A building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).
Dwelling, Second Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.
Dwelling, Single Family. A building designed exclusively for occupancy by one family on a single lot.
This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.
Dwelling, Two-Family. An attached building (e.g. duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the general plan. Does not include second dwelling units (see "dwelling, second unit" Dwelling, Three- and Four-Family. An attached building (e.g. triples or fourplex) designed for occupancy by three or four families living independently of each other, where all dwellings are located on a single lot.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Employee Housing. Housing accommodation or property for use by employees that meets the definition of employee housing in California Health and Safety Code Section 17008.
Equestrian Facility, Commercial. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.
Equestrian Facility, Hobby. Stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.
Equipment Sales and Rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g. construction equipment).
Family Day Care Home, Large. State licensed facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours within a single family residence. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met. A large family daycare home, as defined by California Health and 204
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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 large family daycare home.
Family Day Care Home, Small. State licensed facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours within a single family residence. The occupant of the residence provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met. A small family daycare home, as defined by California Health and Safety Code Section 1596.78(a), 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 small family daycare home.
Freight Yard/Truck Terminal. An establishment where the primary activities are transferring freight from one vehicle to another and furnishing services incidental to motor freight, rail transportation, and other vehicles. This includes freight forwarding services; freight terminal facilities; joint terminal and service facilities; packing, crating, inspection, and weighing services; postal service bulk mailing distribution centers; transportation arrangement services; repair and storage of vehicles as ancillary activities; truck terminals; and trucking facilities. The transference of freight that involves aircrafts is included in "airport." Facilities and terminals for vehicles that transfer freight as an ancillary operation to mass transit is included "transit facilities" and "transit stations and terminals." The transfer and distribution of fuel is included in "fuel storage and distribution." Fuel Storage and Distribution. A large scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
Golf Courses/Clubhouse. Golf courses and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grocery Stores/Supermarket. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full service businesses do not typically have limited hours of operation. See separate, but related, listing for "convenience store."
Group Residential. Shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes boarding houses, which are defined as a building other than a hotel or restaurant, where meals or lodging or both meals and lodging are provided for compensation for four or more persons.
Guest House. A detached structure accessory to a single family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
Heliports. A designated, marked area on the ground or the top of a structure where helicopters may land at any time.
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Hog Farm, Commercial. Any premises used for the raising or keeping of hogs when raised, fed, and fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural and agricultural-residential zoning district, the term hog farm commercial does not exclude the raising of hogs as part of general agricultural practices and 4-H purposes (also see "animal keeping").
Home Improvement/Hardware Store. Establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger building materials stores and yards use classification and may be combined with or separate from such uses.
Home Occupations. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.
Hotels and Motels. Facility with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Also see "bed and breakfast inn."
Indoor Amusement/Entertainment Facility. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: dance halls and ballrooms, card rooms, and bowling alleys. Also includes uses that consist of four or more electronic games or coin- operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices; three or less electronic games or coin-operated amusements are not considered a land use separate from the primary use of the site.
Indoor Fitness and Sports Facilities. Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alley, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs and health clubs. This use does not include special studios not a part of an athletic or health club (e.g. karate studio, dance studio, etc.). Also see "schools-private and special/studio." Junior Accessory Dwelling Unit (JADU). A residential dwelling unit that provides complete independent living facilities for one or more persons, is no more than 500 square feet in size, and is contained entirely within a single-family residence.
Kennels, Commercial. These facilities provide boarding of animals as the primary use of the facility.
May also include day-time boarding and activity for animals (eg. "doggie day care") and ancillary grooming facilities. Also see "animal sales and grooming." Kennels, Hobby. Facility for the keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats. Excludes dogs or cats for sale in pet shops or patients in animal 206
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hospitals. This includes a kennel where the animals are owned or kept by the owner or occupant for personal, non-commercial purposes, including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or for enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.
Libraries and Museums. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature.
Live-Work Facility. A structure or portion of a structure:
1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household;
2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and
Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.
Low-Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Maintenance and Repair, Small Equipment. Establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.
Manufactured Home. The California Health and Safety Code, Section 18007, defines a manufactured home as a structure that meets the following criteria:
1. Transportable in one or more sections;
2. When in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;
3. Is built on a permanent chassis;
4. Designed to be used as a residential dwelling;
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5. Erected with or without a permanent foundation when connected to the required utilities;
6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.
This term shall include any structure which meets all the requirements of this paragraph except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Section 5401, et seq.). "Manufactured Home, Permanent" refers to a manufactured home on a foundation system, pursuant to California Health and Safety Code Section 18551. "Manufactured Home, Non- Permanent" means a manufactured home that is not affixed to a permanent foundation.
Manufacturing, Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing. Also see "manufacturing, minor" and "manufacturing, small scale." Manufacturing, Minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site.
Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, food and beverage manufacturing, etc. Also see "manufacturing, major" and "manufacturing, small scale." Manufacturing, Small Scale. Establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also see "manufacturing, major" and "manufacturing, minor." Medical Services, Extended Care. Residential facilities providing nursing and health related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Homes." Medical Services, General. Facility primarily engaged in providing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including: medical and dental laboratories, medical, dental and psychiatric offices, out-patient care facilities, other allied health service. Counseling services by other than medical doctors or psychiatrists are included under "offices."
Medical Services, Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of "retail, accessory") and emergency heliports. 208
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Mobile Home. A transportable structure, which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code Sections 18007 and 18008). A mobile home is included in the definition of manufactured home and the minimum dimensions for a mobile home are eight feet wide, 40 feet long, and a total area of 320 square feet.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted
Offices, Accessory. Offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single use development or the combined floor area of an integrated development for a mixed use project.
Offices, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g. insurance companies, utility companies), government agency and service facilities (e.g. post office, civic center), professional offices (e.g. accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g. advertising, architectural, computer programming, photography studios). This use does not include medical offices (see "medical services"), temporary offices (see Chapter 17.220 (Temporary uses)), or offices that are incidental and accessory to another business or sales activity that is the primary use (see "offices-accessory"). Outdoor storage of materials is prohibited.
Outdoor Commercial Recreation. Facility for various outdoor participant sports and types of recreation where a fee is charged for use (e.g. amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).
Park and Ride Facility. A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
Parking Facility. Parking facility is a parking lot of parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the onsite parking requirements for the development are not included in this definition.
Parks and Public Plazas. Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately-owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of "outdoor commercial recreation."
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Personal Services. Establishments providing non-medical services as a primary use, including, but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, massage parlors, laundromats (self-service laundries), shoe repair shops, and tailors.
These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.
Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in "business support services." Public Safety Facility. Facility operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
Qualified Streamlined Housing, A residential development required to be processed under a streamlined, ministerial process by State law and that meets all criteria and requirements of State law to be eligible for a streamlined, ministerial process.
Recreational Vehicle Parks. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
Recycling Facility, Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet.
This classification may include a mobile unit, kiosk-type units that may include permanent structures and unattended containers placed for the donation of recyclable materials. This also includes so- called "reverse vending machines"-automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the state.
Recycling Facility, Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Collection of recycling materials as the sole activity is included in "recycling facility, collection."
Recycling Facility, Scrap and Dismantling. Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see "auto vehicle dismantling" for related use for automobiles. Collection of recycling materials as the sole activity is included in "recycling facility, collection."
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Religious Institutions. Facility operated by religious organizations for worship, or the promotion of religious activities (e.g. churches, mosques, synagogues, temples) and accessory uses on the same site (e.g. living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (e.g. recreational camp) are classified according to their respective activities.
Research and Development. Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see "offices-business and professional"), soils and other materials testing laboratories (see "business support services"), or medical laboratories (see "medical services—-clinics and labs").
Residential Care Facility. Consistent with the definitions of state law, a residential care facility is a facility that provides 24-hour non-medical care for more than six persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.
Residential Care Home. Consistent with the definitions of state law, a residential care home is a home that provides 24-hour non-medical care for six or fewer persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "medical services, extended care." The residents and operators of the facility shall be considered a family for the purposes of this title. Residential care homes are subject to the same standards and requirements that apply to a dwelling unit of the same type (ie., single family dwelling, a unit in a multifamily dwelling, and mobilehomes) in the same zone.
Resource Protection and Restoration. Activities and management of an area to preserve, re-create and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.
Resource-Related Recreation. Facility related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.
Restaurants. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.
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Retail, Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes.
This use category also includes retail associated with industrial uses for the products sold, distributed or manufactured on site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed use project.
Retail, General. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on- site, sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.
Schools, Charter. A private school operating under a charter from the local school district providing primary/secondary education to students at the elementary, middle, or high school level and not managed directly by the governing body of the public school district (e.g. school board).
Schools, Private and Special/Studio. Includes private educational institutions (e.g. boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments providing for courses by mail or on-line) and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, (e.g. fitness training studios, gymnastics instructions and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see "indoor fitness and sports facilities."
Schools, Public. Public educational institutions such as community colleges, universities, elementary, middle/junior high schools, high schools, and military academies.
Service Station. A retail business selling gasoline or other motor vehicle fuels. Vehicle services which are incidental to fuel services are included under "vehicle services, minor." Single Room Occupancy (SRO) Facilities. Multi-unit housing for very low income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages.
Subsidized versions may be supervised by a government housing agency.
Smoke Shops. An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a two foot by four foot section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia.
Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
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Storage, Warehouse. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "storage, personal storage facility") or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "wholesaling and distribution").
Storage, Yards. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Tattoo Parlors. Any establishment that engages in the business of tattooing and/or branding human beings.
Theaters and Auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g. civic theaters, facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "outdoor commercial recreation."
Thrift and Consignment Stores and Pawn Shops. Includes any establishment, as a regular and substantial portion of conduct, sells secondhand goods that are donated or provided by the public Includes any establishment in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. A regular and substantial portion of conduct shall mean that 25 percent or more of the establishment's gross revenue is derived from secondhand goods, or that 25 percent or more of the floor space of the area of the building is used for the display of secondhand goods.
Transit Facilities. Maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc.
Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems.
Transitional Housing. Includes both:
1. Housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to- pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons.
2. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall 213
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be no less than six months from the beginning of the assistance.. Usually provided with supportive services to assist in finding and keeping permanent housing.
Utility Facility and Infrastructure. Includes the following:
Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages.
These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.
2. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits.
Vehicle Services, Major. The repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.
Vehicle Services, Minor. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see "auto and vehicle sales") or automobile dismantling yards, which are included under "recycling-scrap and dismantling yards." Veterinary Facility. Veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
Wireless Communication Facility. Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including transmission tower, antenna, and or other facility designed or used for that purpose.
Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not "wireless communication facilities."
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing 214
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of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
(Ord. No. 497 , § 3, 12-5-2017; Ord. No. 493, § 3, 7-18-17; Ord. No. 475, § 5, 12-15- 2015; Ord. No. 435, § 3, 7-20-2010; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, 82, 4-21-2009)
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Agenda Item # L
OF
TONE
CITY OF IONE
PLANNING COMMISSION
STAFF REPORT
LIFORNI
DATE: November 9, 2021
TO: Honorable Planning Commission
FROM: Beth Thompson, City Planning
SUBJECT: Focused Zoning Code Update Study Session
STAFF RECOMMENDED ACTION
Staff recommends that the Planning Commission:
1. Receive the staff report and presentation on the Focused Zoning Code Update;
2. Take public comment; and
3. Make a recommendation to the City Council regarding adoption of the Focused Zoning Code Update.
BACKGROUND:
The Focused General Plan and Zoning Code Updates project is funded through the SB 2 grant administered by the State Housing and Community Development Department (HCD). The Focused General Plan and Zoning Update project includes: 1) an update to the Land Use, Circulation, Housing, and Health and Safety Elements of the General Plan to address requirements of State law and to meet the commitments of the City's grant funding for the project; 2) an update to the Zoning Code to streamline housing approvals, and 3) an Accessory Dwelling Unit (ADU) Handbook to streamline and expedite ADU approvals.
This item is limited to the Focused Zoning Code Update component of the SB 2 effort.
Focused Zoning Code Update
The Focused Zoning Code Update will amend the Zoning Code to: 1) streamline the permitting and approval process, 2) establish objective standards for multifamily and mixed use development, 3) address requirements of State law related to housing permitting, and 4) revise the Zoning Code to remove inconsistencies and improve ease-of-use.
Meetings and Outreach
The Focused General Plan and Zoning Update project was kicked off with City Council and Planning Commission on January 12, 2021.
The Planning Commission held a follow-up meeting to discuss the refined scope of work for the project on February 9, 2021.
Community outreach was conducted in June 2021 through a community workshop held on June 24, 2021 at the Council Chambers and an online survey available late May through mid-July 2021.
The Planning Commission held a study session on August 10, 2021 to review the Focused General Plan Update - Community Vision and General Plan Audit and the Housing Best Practices White Paper, which provided recommendations for revisions to the Zoning Code.
On October 12, 2021, the Planning Commission held a study session to review the Preliminary Draft Focused Zoning Code Update. The Planning Commission commented that the document should ensure that development agreements provide community amenities and benefits and that the Code revisions need to ensure adequate water and sewer improvements are made to serve future development.
DISCUSSION:
The Planning Commission will be presented with the Draft Focused Zoning Code Update for discussion (see Exhibit B). The Draft Focused Zoning Code Update includes revisions to address:
1. Administration: Article I is revised to:
• Clarify application processing requirements,
• Clearly identify each type of permit or entitlement and sections of the code that apply to each type of permit or entitlement
• Establish a staff-level process for Minor Variances
• Establish the Streamlined Ministerial Permit process for applications required to receive streamlined ministerial review under State law
• Separate Site Plan Review into two types: administrative (ministerial, staff-level) and discretionary (Planning Commission) processes
• Revise the Reasonable Accommodations process to be consistent with the requirements of State law
Require that Development Agreements describe public benefits that will result from the agreement and require a finding be made that the Development Agreement provides sufficient benefit to the community to justify entering into the agreement.
2. Allowed Uses: Article II is revised to:
• Address requirements of State law related to how specific housing types must be allowed in Tables 17.22.030-1, 17.24.030-1, and 17.26.030-1. The modifications address agricultural employee housing, employee housing, duplexes, low barrier navigation centers, manufactured homes on a permanent foundation, residential Planning Commission Staff Report Focused Zoning Code Update November 9, 2021 Citywide
care homes, and qualified affordable housing and clarify that certain animal keeping uses are non-agricultural.
Add a column to Tables 17.22.030-1, 17.24.030-1, and 17.26.030-1 that identify the chapter or section of the Zoning Code that establishes specific requirements for certain housing types.
• Update Table 17.22.040-1 to increase minimum lot sizes in the R-la and R-1b zones, given the State requirement to allow duplex uses and lot splits ministerially in all single family zones, and to establish minimum lot size requirements in the R-2, R-3, and R-4 zones.
• Update the development standards in Chapter 17.22 to remove standards for multifamily residential projects, which are replaced by the standards in Chapter
17.114 and to add standards to ensure compatibility with single family uses. • Update Table 17.24-040-1 to establish minimum lot sizes for residential uses in the C-T and C-2 zones.
3. Standards for Specific Residential Uses: Article IV has been separated into two articles:
Article IV: Standards for Specific Residential Uses and Article V: Standards for Specific Non-Residential Uses.
Existing standards for residential uses, such as those for home occupations (previously Chapter 17.60 and relocated to Chapter 17.110) and accessory dwelling units (previously Chapter 17.62 and relocated to Chapter 17.112) are included in Article IV. Additions and revisions to Article IV include:
• Modifications to Chapter 17.112, Accessory Dwelling Units, to revise accessory dwelling unit standards to address current requirements of State law. • Addition of Chapter 17.114 to establish objective multifamily standards that apply to all projects with two or more multifamily units. These multifamily standards address neighborhood compatibility, building design, color palettes, massing/articulation, outdoor/common space, site design, accessory elements, refuse containers, natural resources, and cultural resources. In response to the Commission's comments related to the need for adequate infrastructure, provisions to require adequate water, sewer, and roadway infrastructure were added. Given that State law has trended toward increasing the potential for projects to be limited to a ministerial review process, these provisions are called out for the Commission's review and comment as it is necessary to ensure the Zoning Code establishes objective standards that can be uniformly applied to all multifamily projects that will result in development that provides characteristics desired by the community.
Planning Commission Staff Report Focused Zoning Code Update November 9, 2021 Citywide
• Addition of Chapter 17.116 to establish standards for manufactured housing on permanent foundation, employee housing for six or fewer employees, agricultural employee housing, emergency shelters, supportive housing, and low barrier navigation centers.
• Addition of Chapter 17.118 to accommodate duplex units in all single family zones.
• Chapter 17.46, State Density Bonus and Other Incentives, is revised to reflect current requirements of State law. Due to the frequency of changes to density bonus requirements, this chapter now refers the user to State law rather than repeating all of the requirements in the City's Zoning Code. • Chapter 17.122 addresses State requirements for the treatment of family day care homes as a residential use.
4. Standards for Specific Non-Residential Uses: Article V is added to provide a location for standards for all non-residential uses, including wireless communication facilities (previously Chapter 17.64 and relocated to Chapter 17.210), temporary uses ((previously Chapter 17.66 and relocated to Chapter 17.220), medical marijuana (previously Chapter
17.29 and relocated to Chapter 17.230)
5. Glossary: Article VI, formerly Article V, provides the glossary of terms (previously Chapter 17.80 and relocated to Chapter 17.300) and allowed use definitions (previously Chapter 17.82 and relocated to Chapter 17.310). The glossary has been updated to include terms and allowed uses that are included in the revisions to the Zoning Code.
Where chapters or sections of the Zoning Code have been moved from one location in the code to another, only the revised numbering (article, chapter, and section) and any revisions to the adopted text are shown in track changes.
Next Steps
Following the Planning Commission hearing, staff will prepare the Adoption Draft Zoning Code Update that incorporates Planning Commission recommendations. The Adoption Draft Zoning Code Update will be made available for public review and will be brought to the City Council for consideration in December 2021/January 2022.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as it has been determined that the Municipal Code amendment will not cause a significant negative effect on the environment. The changes to the Zoning Code will not intensify land uses, result in land use incompatibilities, or generate other unmitigated impacts beyond those that would result from the existing Zoning Code and existing provisions of State law.
Planning Commission Staff Report Focused Zoning Code Update November 9, 2021 Citywide
PLANNING COMMISSION RECOMMENDATION
Staff recommends the Planning Commission adopt a resolution (draft resolution attached as Exhibit A) recommending the City Council adopt the ordinance repealing and replacing portions of, and adding and amending portions of, Title 17 (Zoning) of the lone Municipal Code.
MOTION: The Planning Commission adopts the resolution recommending the City Council adopt the ordinance repealing and replacing portions of, and adding and amending portions of, Title 17 (Zoning) of the Ione Municipal Code.
EXHIBITS
Exhibit A - Draft Planning Commission Resolution
Exhibit B -Draft Focused Zoning Code Update
Planning Commission Staff Report Focused Zoning Code Update November 9, 2021 Citywide
RESOLUTION NO. PC 2021-04
AN RESOLUTION OF THE CITY OF IONE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE IONE MUNICIPAL CODE, TITLE 17 ZONING, TO ADOPT THE FOCUSED ZONING CODE UPDATE
WHEREAS, the City of lone prioritizes efficient and effective processing of development applications; and
WHEREAS, State law establishes requirements for the permitting and application processing for a variety of housing types, including employee housing, agricultural employee housing, emergency shelters, ransitional housing, supportive housing, low barrier navigation centers, accessory dwelling units, an luplexes: anc
WHEREAS, the City of lone seeks to implement the requirements of State law and ensure that development is consistent with the character of the City and the priorities of the community; and WHEREAS, the Focused Zoning Code Update will repeal and replace portions of, and add and amend portions of, Title 17 (Zoning) of the lone Municipal Code; and WHEREAS, the Focused Zoning Code Update includes changes to address requirements of State law, establish provisions to accommodate and streamline development approvals, clarifying requirements, and address policy changes identified by City staff, the City Planner consultant, and the Planning Commission; and
WHEREAS, the Planning Commission conducted several public meetings to receive public comment, review the draft Focused Zoning Code Update, and provide direction for revisions, and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the draft Focused Zoning Code Update on November 9, 2021; and
WHEREAS, the Planning Commission considered public comment; and WHEREAS, adoption and implementation of the Focused Zoning Code Update are determined to be exempt from the California Environmental Quality Act as it meets with the criteria established in Section 15061(b)(3) of the CEQA Guidelines because there will be no physical changes to the environment and requires no further review pursuant to Section 15168(c)(2); and WHEREAS, the City Council finds that the Zoning Code amendments are compatible with the general objectives of the General Plan, in that the amendments implement and do not conflict with General Plan policies and standards, thereby enhancing consistency between the General Plan and Zoning Code; and WHEREAS, the City Council finds that the amendments will be in conformity with public convenience, general welfare, and good land use practice, in that the revisions are also intended to clarify the regulations and facilitate ease of use and understanding, as well as to establish appropriate standards and procedures; and
1 WHEREAS, the City Council finds that the amendments will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, in that they will harmonize the Zoning Code with State law related to a variety of housing types, better express the City's policies, and generally promote good land use planning and regulation.
NOW THEREFORE BE IT RESOLVED, the Planning Commission does hereby recommend that the City Council adopt the proposed Ordinance amending Title 17 Zoning text based upon the following findings:
CEQA
Finding: The Planning Commission hereby finds the proposed amendment to Title 17 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Evidence: In accordance with the requirements of CEQA, the Planning Commission has analyzed this proposed zoning text amendment (ZTA 21-01) Section 15061(b)(3) of the CEQA Guidelines provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Where, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; the activity is not subject to CEQA. The amendment to the Zoning Code does not relate to any one physical project and will not result in any physical change to the environment. Development accommodated under the project would be consistent with intensities and densities allowed under the existing Zoning Code, existing General Plan, and existing requirements of State law.
GENERAL PLAN
Finding: The Planning Commission hereby finds proposed amendment to Title 17 is consistent with the General Plan.
Evidence: The amendment to Title 17 implements the General Plan, including the Land Use Element land use designations. The proposed amendment to Title 17 would not introduce uses, land use densities or intensities, or development standards that are inconsistent with development allowed under the General Plan, including uses, densities, and standards required to be accommodated by State law.
The foregoing resolution of the Planning Commission of the City of lone was duly introduced and adopted by the Planning Commission at its regular meeting on November 9, 2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Amber Hoiska, Chairman
2 ATTACHMENT
CITY OF IONE
ORDINANCE NO. 528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE AMENDING THE IONE MUNICIPAL CODE, TITLE 17 ZONING
Whereas, the City of lone priorities efficient and effective processing of development applications; and
Whereas, State law establishes requirements for the permitting and application processing for a variety of housing types, including employee housing, agricultural employee housing, emergency shelters, transitional housing, supportive housing, low barrier navigation centers, accessory dwelling units, and duplexes; and
Whereas, the City of lone seeks to implement the requirements of State law and ensure that development is consistent with the character of the City and the priorities of the community; and Whereas, the Focused Zoning Code Update includes other clarifying and policy changes identified by City staff, the City Planner consultant, the Planning Commission, and City Council; and
Whereas, the Planning Commission conducted several public meetings to receive public comment, review the draft Focused Zoning Code Update, and provide direction for revisions, and Whereas, the Planning Commission conducted a duly-noticed public hearing on the draft Focused Zoning Code Update on November 9, 2021, and adopted a resolution forwarding the proposed Zoning Code amendments to the City Council and recommending its adoption; and Whereas, on [Month Day, Year], the City Council conducted a duly-noticed Public Hearing, deliberated, and found that as revised, the Zoning Ordinance is compatible with the general objectives of the General Plan, in that it directly implements the General Plan policies, thereby achieving consistency between the General Plan and the Zoning Code; and Whereas, adoption and implementation of the Focused Zoning Code Update are determined to be exempt from the California Environmental Quality Act as it meets with the criteria established in Section 15061(b)(3) of the CEQA Guidelines because there will be no physical changes to the environment and requires no further review pursuant to Section 15168(c)(2); and Whereas, the City Council finds that the Zoning Code amendments are compatible with the general objectives of the General Plan, in that the amendments implement and do not conflict with General Plan policies and standards, thereby enhancing consistency between the General Plan and Zoning Code; and
Whereas, the City Council finds that the amendments will be in conformity with public convenience, general welfare, and good land use practice, in that the revisions are also intended 4 to clarify the regulations and facilitate ease of use and understanding, as well as to establish appropriate standards and procedures; and
Whereas, the City Council finds that the amendments will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, in that they will harmonize the Zoning Code with State law related to a variety of housing types, better express the City's policies, and generally promote good land use planning and regulation.
The City Council of the City of lone does ordain as follows:
Section 1: Amendment of Title 17 Zoning
lone Municipal Code, Title 17, Zoning, is hereby amended to repeal and replace in its entirety as set forth in Attachment 1.
Section 2: No Mandatory Duty of Care
This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3: Severability
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance enforced.
Section 4: Environmental Review
The City Council hereby finds this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. A Notice of Exemption will be prepared.
Section 5: Prior Violations
Neither the adoption of this ordinance nor the repeal or amendment by this ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violations was committed prior to the effective date of this ordinance, nor be construed as a waiver of any license, fee, or penalty, or the penal provisions applicable to any violation of such ordinances.
Section 6: Effective Date
This ordinance shall be effective thirty (30) days following its adoption by the City Council. A summary of this ordinance shall, within fifteen (15) days after passage, be published in 5 accordance with Section 36933 of the Government Code of the State of California with the names of the City Council members voting for and against it.
PASSED, APPROVED, AND ADOPTED THIS _ day of _20_
VOTE:
Ayes:
Noes:
Abstain:
Absent:
Mayor
ATTEST:
Janice Traverso, City Clerk
APPROVED AS TO FORM:
City Attorney
6 OF
TONE
City of lone
P.O. Box 398
1 E. Main Street
lone, CA 95640
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the Planning Commission of the City of lone will hold a public hearing at 6:00 p.m. at its regular meeting on Tuesday, November 9, 2021 to hear the Focused Zoning Code Update, which includes revisions to clarify, streamline, and reorganize zoning provisions and revisions to address requirements of State law pertaining to a variety of housing types. The revisions to the Focused Zoning Code are citywide. The public is invited to comment on the Focused Zoning Code Update. The Planning Commission will consider the Focused Zoning Code Update and make a recommendation to the City Council regarding adoption of the Focused Zoning Code Update.
IN COMPUANCE WITH THE GOVERNOR'S EXECUTIVE ORDER N-25-20, THE PLANNING COMMISSION OF THE CITY OF IONE WILL BE CONDUCTING ITS MEETING IN-PERSON AT 1 E. MAIN STREET AND VIA ZOOM TELECONFERENCE. THE MEETING AGENDA FOR THE NOVEMBER 9, 2021 COMMISSION
MEETING WILL PROVIDE DETAILED INFORMATION EXPLAINING HOW TO JOIN THE MEETING VIA ZOOM.
PUBLIC COMMENT WILL ALSO BE ACCEPTED BY EMAIL AT [email protected]. ALL EMAILS MUST
BE RECEIVED PRIOR TO THE START OF THE MEETING AND WILL BE INCORPOPRATED INTO THE RECORD. WRITTEN COMMENTS MAY ALSO BE SUBMITTED TO THE CITY CLERK, CITY OF IONE, P.O.
BOX 398, IONE, CA 95640 AND MUST BE RECEIVED NOT LATER THAN 6:00 P.M. TUESDAY, NOVEMBER 9, 2021.
Additional information on this item is available for public review on the City's website and at lone City Hall, 1 E. Main Street, lone, CA.
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above-described decisions, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written or email comments received by the City at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
To be published on: Friday, October 29, 2021
Janice Traverso, City Clerk
Preliminary DRAFT Title 17 - Zoning
Table of Contents
Table of Contents .i
List of Tables . viii
List of Figures ... ix
ARTICLE I. ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENT....... 1 CHAPTER 17.04 ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS......1
17.04.010 Title.... .1
17.04.020 General purpose.. 1
17.04.030 Applicability. ...1
Chapter 17.06 ZONING CODE ADMINISTRATION ....3
17.06.010 Purpose..... ....З
17.06.020 Composition of the city planning agency. ...3
17.06.030 Responsibilities of the city council. 3
17.06.040 Responsibilities of the planning commission. ...4
17.06.050 Responsibilities of the city manager...
17.06.060 Responsibilities of the city planner..... ...4 CHAPTER 17.08 APPLICATION PROCESSING PROCEDURES. ...5
17.08.010 Application submittal...... ...5
17.08.020 Determination of completion. ...5
17.08.030 Application review and report. ....6
17.08.040 Public notices... ...T
17.08.050 Decision-Making authority.... ...8
17.08.060 Appeals .... 10
17.08.070 Effective date ...11
17.08.080 Permit to run with land.... ... 1
17.08.090 Permit time limits and extensions... ...1
17.08.100 Modification. ... 12
17.08.110 Revocation of previously approved entitlement. ...12 Chapter 17.10 PERMITS AND ENTITLEMENTS ...13
17.10.010 Purpose. .....13
17.10.020 Plan check. ... 13
Preliminary DRAFT Title 17 - Zoning
17.10.030 Site plan review... . 14
17.10.040 Streamlined Ministerial Permit.
17.10.050 Architectural design review for historic overlay district. .. 20
17.10.060 Conditional use permit. ... 23
17.10.070 Variance... ...25
17.10.080 Reasonable accommodation(s). .27
17.10.090 Sign permit .30
17.10.100 Creative sign program ...31
17.10.110 Uniform sign program... ...34
17.10.120 Temporary use permit. . 35
17.10.130 Development agreements.... ....37
17.10.140 Planned development. 39
17.10.150 Specific plans. 42
17.10.160 Prezoning. 44
17.10.170 Zoning code amendment.... 44
17.10.180 General plan amendment.... 45
Chapter 17.12 INTERPRETATION 47
17.12.010 Purpose.... 47
17.12.020 Applicability and authority for interpretations. 47
17.12.030 Rules of interpretation. 47
17.12.040 Record of interpretation. 48
17.12.050 Appeals. 48
Chapter 17.14 ENFORCEMENT. 48
17.14.010 Purpose and intent.
17.14.020 Enforcement authority.... 48
17.14.030 Violation-Deemed nuisance. ..49
Chapter 17.16 NONCONFORMING USES, BUILDINGS, STRUCTURES, AND LAND[2]. 49
17.16.010 Purpose. .49
17.16.020 Regulations to apply. .... 49
17.16.030 Building or structure. ....49
17.16.040 Uses.. 49
ii
Preliminary DRAFT Title 17 - Zoning
17.16.050 Loss of nonconforming use status. 50
17.16.060 Reserved 50
17.16.070 Reserved. 50
17.16.080 Reserved . 50
17.16.090 Nonconforming parcels of land 50
17.16.100 Signs, billboards, etc. ...51
17.16.110 Nonconformance due to change of regulations. .. 51
17.16.120 Public utilities. ...1
17.16.130 Building under construction... ..51
17.16.140 Reconstruction of damaged and nonconforming buildings. ...51
17.16.150 Re-establishment of nonconforming structures voluntarily removed. ...52
17.16.160 Nonconforming due to lack of use permit. .. 52 ARTICLE II. ZONING DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARD....... 54 Chapter 17.20 ESTABLISHMENT OF ZONING DISTRICTS AND LAND USE CLASSIFICATION SYSTEM 54 17.20.010 Chapter purpose. 54
17.20.020 Zoning districts. ... 54
17.20.030 Conformance with zoning district regulations. 56
17.20.040 Zoning map. .. 56
17.20.050 Classification of land uses.... .57
17.20.060 Allowed land uses and permit requirements. 58
17.20.070 Similar use determination.... ... 59
Chapter 17.22 AGRICULTURAL AND RESIDENTIAL DISTRICTS ..59
17.22.010 Chapter purpose......... ...59
17.22.020 Characteristics of agricultural and residential zoning districts 60
17.22.030 Allowed land uses and permit requirements. ..62
17.22.040 Development standards....... 68
Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS .72
17.24.010 Chapter purpose...... .72
17.24.020 Characteristics of commercial and industrial districts. ..712
17.24.030 Allowed land uses and permit requirements. ....4 ili
Preliminary DRAFT Title 17 - Zoning
17.24.040 Development standards..... ..81
Chapter 17.25 PUBLIC/QUASI PUBLIC DISTRICTS.. 82
17.25.010 Chapter purpose..... 82
17.25.020 Characteristics of public/quasi public districts. 82
17.25.030 Allowed land uses and permit requirements 83
17.25.040 Development standards....... 85
Chapter 17.26 SPECIAL PURPOSE DISTRICTS. 86
17.26.010 Chapter purpose. 86
17.26.020 Specific plan zoning districts.. 86
17.26.030 Planned development zoning districts. .87
Chapter 17.28 OVERLAY DISTRICT ...... 88
17.28.010 Chapter purpose.... 88
17.28.020 Historic overlay (H) district... 89
17.28.030 Downtown residential overlay district. 90
ARTICLE III. SITE PLANNING STANDARDS 93
Chapter 17.30 BUILDING HEIGHT MEASUREMENT AND PROJECTIONS .93
17.30.010 Purpose... 93
17.30.020 Definitions... ...93
17.30.030 Height regulations..... ...93
17.30.040 Height measurement... 93
17.30.050 Height exceptions.... ...94
Chapter 17.32 YARD MEASUREMENT AND PROJECTIONS.. ..94
17.32.010 Purpose... ...94
17.32.020 Definitions. • 95
17.32.030 Yard and setback regulations. ...95
17.32.040 Allowed encroachments/projections into required yards. ...96 Chapter 17.34 PROPERTY AND UTILITY IMPROVEMENT ..97
17.34.010 Purpose... ...
17.34.020 Curbs, gutters, and sidewalks. ...97
17.34.030 Underground utilities... .98
Chapter 17.36 FENCES AND WALLS ..98
iv
Preliminary DRAFT Title 17 - Zoning
17.36.010 Purpose.... ...98
17.36.020 Permit requirements and exceptions.... 99
17.36.030 Location and height restrictions... 99
17.36.040 Fence and wall design standards. 101
17.36.050 Special fence and wall requirements. 101
Chapter 17.38 ACCESSORY STRUCTURES . 103
17.38.010 Purpose.... . 103
17.38.020 Definitions. .. 103
17.38.030 Permit requirements and exceptions. ... 103
17.38.040 Development standards.. .104
Chapter 17.40 PARKING ... 105
17.40.010 Purpose..... .105
17.40.020 Applicability. ...105
17.40.030 Permit requirements... ...106
17.40.040 General parking requirements.. .. 107
17.40.050 Number of parking spaces required... ... 107
17.40.060 Parking requirements for the disabled. ...109
17.40.070 Compact car requirements.. .. 109
17.40.080 Parking and driveway design and development standards.. .... 110 Chapter 17.42 SIGNS ON PRIVATE PROPERTY ... 111
17.42.010 Purpose... .... 111
17.42.020 Policies for sign regulations... .. 112
17.42.030 Definitions. ... 113
17.42.040 Permits and review procedures. . 113
17.42.050 Exempt signs.. . 115
17.42.060 Prohibited signs... ... 118
17.42.070 General development, maintenance, and removal provisions. .. 119
17.42.080 Design standards .. 123
17.42.090 Allowed permanent on-site sign standards .128
17.42.100 Allowed temporary on-site sign standards. .. 130
17.42.110 Allowed off-site signage... ... 131
V
Preliminary DRAFT Title 17 - Zoning
17.42.120 Nonconforming signs and abandoned signs. .133 Chapter 17.44 SIGNS ON CITY PROPERTY .134
17.44.010 Purpose and proprietary capacity. .134
17.44.020 Intent as to public forum... .134
17.44.030 Definitions... .134
17.44.040 General prohibition..... .134
17.44.050 Certain governmental signs.. .134
17.44.060 Temporary signs displaying non-commercial message... .. 135
17.44.070 Street banner program... . 135
17.44.080 Special event signage. ...136
17.44.090 Long term leased signage... ...137
ARTICLE IV. STANDARDS FOR SPECIFIC RESIDENTIAL USES ...138 Chapter 17.110 HOME OCCUPATIONS.... ...138
17.110.010 Purpose ...138
17.110.020 Definitions. ...138
17.110.040 Business license. .138
17.110.050 Plan check required ... 138
17.110.060 Limitations of use. ....138
17.110.070 Performance standards.... ... 140
17.110.080 Conditions... ....141
17.110.090 Home owners association. ... 141
Chapter 17.112 ACCESSORY DWELLING UNITS. ....142
17.112.010 Purpose. .142
17.112.020 Applicability. ..142
17.112.030 Development Standards... ..142
17.112.050 Review Process for ADUs and JADUs Not Complying with Section 17.112.030... 149 Chapter 17.114 MULTIFAMILY STANDARDS.. .149
17.114.010 Applicability. ..149
17.114.020 Purpose .. 149
17.114.030 Standards... . 150
Chapter 17.116 - Provisions for Specified Housing Types .. .156 vi
Preliminary DRAFT Title 17 - Zoning
17.116.010 Manufactured housing.... . 156
17.116.020 Employee Housing (Six or fewer employees). . 156
17.116.030 Agricultural Employee Housing 156
17.116.040 - Emergency Shelters. 157
17.116.050 - Supportive Housing 158
17.116.060 - Low Barrier Navigation Centers.. .158
Chapter 17.118 Duplex Units in Single Family Zones. ...159
17.118.010 Purpose.. .159
17.118.020 Streamlined Ministerial Permit. ..159
17.118.020 Development Standards.. ...159
17.118.020 Denial ... 160
Chapter 17.110 STATE DENSITY BONUS AND OTHER INCENTIVES ...160
17.120.010 Purpose. .. 160
17.120.020 - Density Bonus and Incentives. ... 161
17.120.080 Process for approval or denial. ... 167
Chapter 17.122 Day Care Homes.... ..168
Section 17.122.010 Family Day Care Homes... ... 168
Article V - Standards for Non-Residential Uses... ....169 Chapter 17.210 WIRELESS COMMUNICATION FACILITIES. ...169
17.210.010 Purpose and applicability... ... 169
17.210.020 Definitions... .... 169
17.210.030 Permit requirements. ....169
17.210.040 Application requirements. ... 169
17.210.050 Exemptions. ...170
17.210.060 Development standards.... ...171
17.210.070 Operation and maintenance standards. ..174
17.210.080 Removal provisions. ...174
Chapter 17.220 TEMPORARY USES .174
17.220.010 Purpose. ..174
17.220.020 Permit required.............. .175
17.220.030 Temporary use regulations. ..175
vii
Preliminary DRAFT Title 17 - Zoning
17.220.040 Similar uses. 177
Chapter 17.230 Medical Marijuana... 177
17.230.010 Medical marijuana. .177
ARTICLE VI. GLOSSARY 182
Chapter 17.300 GLOSSARY OF TERMS.... . 182
17.300.010 Purpose... . 182
17.300.020 General definitions..... . 183
Chapter 17.310 ALLOWED USE DEFINITIONS ....215
17.310.010 Purpose.. ...215
17.310.020 Allowed use definitions. ....215
List of Tables
Table 17.08.050-1 Decision-Making Authority.. ...8
Table 17.08.060-1: Appeal Authority. ... 10
Table 17.20.020-1: Zoning Districts... .... 55
Table 17.22.030-1: Allowed Uses and Permit Requirements for Agricultural and Residential Zoning Districts 62
Table 17.22.040-1: Development Standards for Agricultural and Residential Zoning Districts.... .. 68 Table 17.24.030-1: Allowed Uses and Permit Requirements for Commercial and Industrial Zoning Districts 74
Table 17.24.040-1: Development Standards for Commercial and Industrial Zoning Districts. ...81 Table 17.25.030-1: Allowed Uses and Requirements for Public/Quasi Public Zoning Districts ... 83 Table 17.25.040-1: Development Standards for Public/Quasi Public Zoning Districts... 86 Table 17.28.030-1: Development Standards for the Downtown Residential Overlay (DR) Zoning District 91
Table 17.36.030-1: Maximum Height of Fences and Walls in Required Yard Area.. ...99 Table 17.38.040-1 Development Standards for Accessory Structures. .104 Table 17.40.050-1: Parking Requirements by Land Use. ..108 Table 17.42.090-1: Allowed Permanent On-Site Sign Standards .. 129 Table 17.42.100-1: Temporary Sign Standards .. 131
viii
Preliminary DRAFT Title 17 - Zoning
List of Figures
Figure 17.30.040-1: Measurement of Height. ..94
Figure 17.32.040-1: Single-Family Encroachment.. ..97
Figure 17.36.030-1 Front and Side Street Setback Areas. .100 Figure 17.36.030-2: Measurement of fence height on parcels with different elevations. • 101 Figure 17.42.070-1: Sign Area. .120
Figure 17.42.070-2: Awning or Canopy Sign Area... 121
Figure 17.42.070-3: Freestanding Sign Area.. .122
Figure 17.42.070-4: Area of three-dimensional objects. .122 Figure 17.42.080-1: Awning and Canopy Sign ...125
Figure 17.42.080-2: Text Scale.. . 126
Figure 17.42.080-3: Multiple Element Signs.. ...127
Figure 17.300.020-1: A-frame Sign.. . 185
Figure 17.300.020-2: Bracket Sign.. .... 187
Figure 17.300.020-3: Blade Sign... .. 187
Figure 17.300.020-4: Building Frontage and Primary Building Frontage. ... 188 Figure 17.300.020-5: Can Sign... ... 189
Figure 17.300.020-6: Changeable Copy Sign... ..190
Figure 17.300.020-7: Channel Letter Sign. ...190
Figure 17.300.020-8: Clear Visibility Triangle.. ... 192 Figure 17.300.020-9: Electronic Message Sign. ...194
Figure 17.300.020-10: Corner lot... ....197
Figure 17.300.020-11: Double frontage lot... ...198
Figure 17.300.020-12: Flag lot. ..198
Figure 17.300.020-13: Interior Lot. .199
Figure 17.300.020-14 Lot Lines (lots along cul-de-sacs, elbows, or other roadways) . 202 Figure 17.300.020-15 Lot Lines-Irregular Lots .203
Figure 17.300.020-16: Monument Sign. ...204
Figure 17.300.020-17: Pole Sign... ...207
Figure 17.300.020-18: Push Pin Letter Sign ...208
Figure 17.300.020-19: Pylon Sign.. ...208
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Figure 17.300.020-20: Reverse Channel Letter Sign. ... 209 Figure 17.300.020-21: Yard are.................. .214
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ARTICLE I. ZONING CODE ESTABLISHMENT, ADMINISTRATION,
AND ENTITLEMENTS
CHAPTER 17.04 ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND
ENTITLEMENTS
17.04.010 Title.
This title shall be known as the "Zoning Code of the City of lone." (Ord. No. 423, § 2, 4-21-2009)
17.04.020 General purpose.
The city-lanchuse zoning code carries out the policies of the lone general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan and the Municipal Code. This zoning code is adopted and established to serve the public health, safety, comfort, convenience, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide, and provide a definite plan for the future growth and development of the city. More specifically, the purposes of this zoning code are to:
A. Provide standards and guidelines for the orderly growth and development of the city that will assist in protecting the characteristics and community identity of lone; B. Create a comprehensive and stable pattern of land uses up on which to plan transportation, water supply, sewer serviceage, and other public facilities and utilities; C. Conserve and protect the city's natural features such as creeks, oak trees, and historic and environmental resources;
D. Minimize automobile congestion by promoting safe and effective traffic circulation: and adequate off-street parking facilities; and
E. Ensure compatibility between residential and non-residential development and land uses. (Ord. No. 423, § 2, 4-21-2009)
17.04.030 Applicability.
A. Relationship to prior ordinance. The provisions of this title, as it existed prior to the effective date of the ordinance enacting this title, Ordinance No. 423, are repealed and superseded as provided in Ordinance No. 423. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to its repeal by Ordinance No. 423.
B. Prior rights and violations. The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.
Preliminary DRAFT Title 17 - Zoning
C. New land uses or structures. It shall be unlawful, and a violation of the Municipal Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title.
D. Continuation of an existing land use or structure. It is unlawful and a violation of the Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was lawfully established before this title was enacted, or before enactment of any applicable amendment to this title, may continue as provided in Chapter 17.16 (Nonconforming uses). No expansion or modification to a pre- existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 17.16 (Nonconforming uses).
E. Subdivisions. Any subdivision of land proposed within the city after the effective date of this zoning code shall be consistent with the minimum lot size requirements of Article II, zoning districts, allowable uses, and development standards, the subdivision requirements of the city subdivision code (Title 16), and all other applicable requirements of this zoning code.
F. Effect of zoning code changes on pending applications. Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending entitlement applications, unless prohibited by state law. Entitlement applications are no longer deemed pending once the appeal period has expired or the appeal process fully exercised.
G. Conflicting requirements.
1. Zoning code and Municipal Code provisions. If conflicts occur between requirements of this zoning code, or between this zoning code, the Municipal Code, or other plans and policies adopted by the city, the zoning code shall govern.
2. Development agreements. If conflicts occur between the requirements of this zoning code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.
3. Private agreements. This zoning code applies to all land uses and development but may not affect private agreements or restrictions in the use of land or development of structures. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
H. Other requirements/permits. Nothing in this zoning code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
I. Public nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in this Municipal Code.
J. Severability, partial invalidation of zoning code. If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, 2 Preliminary DRAFT Title 17 - Zoning
paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.06 ZONING CODE ADMINISTRATION
Sections:
17.06.010 Purpose.
The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration. (Ord. No. 423, § 2, 4-21-2009)
17.06.020 Composition of the city planning agency.
California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this title, may be performed by any one of the following groups or individuals, as further defined in this chapter and title:
A. City council.
B. Planning commission.
C. City manager.
D. City planner.
Agencies responsible for enforcing and implementing this title shall have such duties as assigned by this title. Where this title fails to assign any land use and planning functions, the city council shall have the planning agency responsibility and activity.
(Ord. No. 423, § 2, 4-21-2009)
17.06.030 Responsibilities of the city council.
The city council shall have the following land use responsibilities:
A. Appoint members of the planning commission.
B. Hear and decide appeals of the decisions of the planning commission.
C. Hear and decide applications for amendments to the general plan, amendments to the zoning code text and map, and applications for specific plans, planned developments, and development agreements and amendments thereto. In the event that applications for other land use permits are requested in conjunction with these entitlements, the city council shall also be the final decision-making body for such land use permits. 3 Preliminary DRAFT Title 17 - Zoning
D. Direct planning-related policy amendments and special studies as necessary or desired E. Exercise such other powers and duties as are prescribed by state law or local ordinance. (Ord. No. 423, § 2, 4-21-2009)
17.06.040 Responsibilities of the planning commission.
The planning commission shall have the following land use responsibilities:
A. Hear and decide appeals of the decisions of the city planner.
B. Hear and decide applications for conditional use permits, variances, historic architectural review, site plan review, boundary line adjustments, tentative subdivision maps, and tentative parcel maps.
C. Hear and make recommendations to the city council on applications or proposals for amendments to this title.
D. Initiate studies of amendments to this title and make recommendations to the city council for amendments to this title.
Hear and make recommendations to the city council on applications for zoning amendments, general plan and amendments thereto, specific plans, planned developments, prezoning, and other related planning studies.
F. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.
(Ord. No. 423, § 2, 4-21-2009)
17.06.050 Responsibilities of the city manager.
The city manager shall have the following land use responsibilities:
A. Oversee the work of the city planner.
B. Negotiate and conduct periodic review of development agreements. (Ord. No. 423, § 2, 4-21-2009)
17.06.060 Responsibilities of the city planner.
The city planner shall have the following land use responsibilities:
A. Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations.
B. Advise the city council, city manager, and planning commission on planning matters.
C. Issue Review and decide matters related to ministerial permitsactions as shown in Table
17.08-050-1
4 Preliminary DRAFT Title 17 - Zoning
D. Staff meetings and provide administrative services for the planning commission.
E. Direct planning-related policy amendments and special studies as necessary or desired.
F. Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of ministerial permits and approvals, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi- judicial and legislative actions by designated planning agencies. For a comprehensive list of permits, see Chapter 17.10, Entitlements.
G. Provide information to the public and facilitate public participation on planning matters.
H. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city manager.
(Ord. No. 423, § 2, 4-21-2009)
CHAPTER 17.08 APPLICATION PROCESSING PROCEDURES
17.08.010 Application submittal.
All applications for land use and development permits and actions pertaining to this title shall be submitted to the city planning department on a city application form, together with all fees, plans, maps, and any other information required by the city planning department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by city council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the city planner to provide the appresing-decision-making authority/es with adequate information on which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit. (Ord. No. 423, § 2, 4-21-2009)
17.08.020 Determination of completion.
A. Application completeness. Within 30 days of application submittal to the city planning department, the city planner shall determine whether or not the application is complete.
The city planner shall notify the applicant of the determination either that:
1. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
B Notwithstanding paragraph A, iln order to expedite the determination of completeness for ministerial permits and actions issued by the city planner, zoning code interpretation and Preliminary DRAFT Title 17 - Zoning
plan check (eg. plan check), ministerial permit applications shall be deemed complete within ten working days unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.
CB. Application completeness without notification. If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.
DE. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the city planner shall determine the completeness of the application. Application completeness shall be determined and noticed as specific in Subsection A. (Application completeness).
EĐ. Incomplete application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city planner, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this article.
EE. Right to appeal. The applicant may appeal the determination in accordance with Section
17.08.060 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).
(Ord. No. 423, § 2, 4-21-2009)
17.08.030 Application review and report.
After acceptance of a complete application, the project shalt be reviewed in accerdance with the environmental review procedures of the California Environmental Quality Act (CEQ4). The city planner will review the project for consistency with the Zoning Code, General Plan, and all applicable planning requirements and will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. If the project is requesting a discretionary permit, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The city planner will prepare a report (the staff report) to the designated appreving authoritydecision-making authority (planning commission and/or city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant and property owner at the same time as it is provided to the approving authoritydecision-making authority prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is due. (Ord. No. 423, § 2, 4-21-2009)
6 Preliminary DRAFT Title 17 - Zoning
17.08.040 Public notices.
A. Public hearing required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits (e.g., variance, conditional use permit, site plan review) and legislative actions of the city (e.g., specific plans, planned developments, zoning amendments, and general plan amendments). The hearing(s) shall be held before the designated approving autheritydecision-making authority as identified in this title.
B. Notice of hearing. Pursuant to California Government Code Section 65091, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected.
5. Notice of the public hearing shall be posted at city hall and in at least two other public places within the boundaries of the city, including one place in the area directly affected by the proceeding.
C. Requests for notification. Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. Failure to receive notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving autheritydecision-making authority for which the notice was given.
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