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D. Where a section of the parking lot is restricted to compact parking with an angle of 90 degrees, the aisle width may be reduced from the standard 23 feet to 21 feet. Such compact sections should be located so as to minimize the distance from the section to the appropriate building or activity.
(Ord. No. 423, § 2, 4-21-2009)
17.40.080 Parking and driveway design and development standards.
A. Surface Parking Area. All surface parking areas shall have the following improvements:
1. Each parking space and aisle, except those accessory (i.e., beyond the minimum requirement) to one-tamily and two-family dwellings, shall be graded, drained and surfaced so as to prevent dust, mud, or standing water, and shall be identified by pavement markings bumper guards, entrance and exit signing, and directional signs, to the satisfaction of the city engineer.
Lighting, giving a ground level illumination of one to five foot-candles, shall be provided in a parking area during the time it is accessible to the public after daylight.
Lighting shall be shielded to prevent glare on contiguous residential properties.
3. Where such parking area abuts a street, it shall be separated by an ornamental fence, wall or compact Eugenia or other evergreen hedge having a height of not less than two feet and maintained at a height of not more than four feet. Such fence, wall, or hedge shall be maintained in good condition.
When the required off-street parking space for nonresidential uses is to be provided on a separate lot from the use or building, the lot shall be no further than 500 feet from the front entrance of the use or building. The parcel is to be under the same ownership as the use or building, or is leased to the effect that the owner or owners of the lot will continue to maintain such parking spaces so long as the use or building is maintained. Proof of such lease arrangement shall be demonstrated to the satisfaction of the planning commission.
5. In addition to parking spaces, a minimum of one loading berth shall be required, for all commercial and industrial buildings in excess of 5,000 square feet or fraction thereof, plus one additional berth for every additional 20,000 square feet of floor area.
Loading berths shall conform to the following standards:
a. Dimensions. Each required loading berth shall be not less than ten feet wide, 35 feet long, and with 14 feet of clear height. Loading zones shall be separate from other required parking and maneuvering areas.
Location. Where feasible, loading zones and docks shall be located to the rear of properties. No truck entrance door, loading zone and/or dock serving commercial vehicles shall be permitted to face a residential area within 500 feet. 110
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6. Screening. All loading zones and truck parking areas shall be screened from view by a minimum of a six-foot high hedge, vine-covered fence or wall plus landscaping as required by Chapter 17.36 (Fences and Walls).
B. Driveway Location Standards. Development projects located at intersections shall be accessed as follows:
1. Driveways to access parcels located at the intersection of two streets shall be gained through driveways from-the lesser street. Determination of which street is lesser shall be made based on total paving width, amount of traffic, adjacent traffic controls and likely destinations along each street in question.
2. Driveways serving parcels located at the intersection of two streets shall be situated at the maximum practical distance from the intersection.
3. Where a proposed driveway is located at least 75 feet from the nearest cross street, the provisions of subsections (B)(1) and (B)(2) may be waived.
C. Driveway size and composition. All residential driveways shall be a minimum of 20 feet in length and width and shall be constructed with an impervious surface (i.e., concrete, asphalt, or similar material) and shall be constructed to appropriate standards as determined by the city. Driveways for secondary dwelling units may be a minimum of ten feet in width, subject to approval by the city fire chief. All driveways shall be connected to a street by an asphalt surface extending from the subject parcel's front property line to the paved road surface.
D. Roads and parking for mobile home parks. All internal circulation aisles shall be at least 25 feet from curb to curb and shall be increased in width by ten feet for parking spaces on each side of the street on which such curb parking is permitted, consistent with Chapter 12.08 (Street Construction Standards). All roads and parking spaces shall be permanently paved. (Ord. No. 455, § 9, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009) Chapter 17.42 SIGNS ON PRIVATE PROPERTY
17.42.010 Purpose.
This chapter establishes regulations for signs within the city for the purposes of safeguarding and protecting the public health, safety, and welfare through appropriate prohibitions. The city recognizes that signs and other graphics are an essential element of a community's visual appearance and provide a means to identify and promote businesses and are an important element in creating safer public streets and highways. Consequently, the purpose of this chapter is to provide sign regulations that are consistent with the goals and objectives of the city's general plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:
A. Promote an economically stable and visually attractive community and insure that the special character and image the city is striving for can be attained; 111
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Promote signs and graphics that are attractive, pleasing and harmonized with the physical character of the environment and surrounding properties, while serving the advertising needs of the business community;
C. Promote traffic safety and the smooth and efficient flow of pedestrians and vehicles to their destinations; and
D. Direct persons to various activities and enterprises, in order to provide for maximum public convenience.
(Ord. No. 423, § 2, 4-21-2009)
17.42.020 Policies for sign regulations.
A. Regulatory interpretations. The provisions of this chapter shall not be interpreted to nullify any easements, covenants or other private agreements which provide for more restrictive sign regulations than are required by this chapter.
B. Enforcement. The city planner is authorized and directed to enforce and administer the provisions of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the issue shall be referred to the city planner for an interpretation and such interpretation shall be made by the city planner within ten business days. Any decision made by the city planner may be appealed to the planning commission in accordance with Subsection 17.42.040 E. (Appeals).
C. Message neutrality. It is the city's policy and intent to regulate both commercial and non- commercial signs in a viewpoint-neutral or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.
D. Message substitution. Subject to the property owner's consent, a non-commercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this Code, without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is authorized pursuant to this Code, without consideration of message content. This provision does not create a right to increase the total amount of signage on a parcel, lot, or land; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow for the substitution of an off-site commercial message in the place of an on-site commercial or non-commercial message.
E. On-site/off-site distinction. Within this chapter, the distinction between on-site and off-site signs applies only to commercial messages.
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F. General prohibition. Permanent signs not expressly permitted by this chapter are prohibited. (Ord. No. 423, § 2, 4-21-2009)
17.42.030 Definitions.
Terms unique to this chapter are listed in Chapter 17.8017.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)
17.42.040 Permits and review procedures.
A. Permit required.
1. Sign permit required. A sign permit shall be required for all permanent signs (building attached or freestanding) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this chapter. The process for application, review, and decision regarding a sign permit shall be as established in Section 17.10.030 (Sign permit. A sign permit shall not be required for general maintenance of existing signs or the replacement of the sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a can sign). A sign permit is also not required for the establishment of temporary signs; however, such signs shall be consistent with the development standards and time duration limits established in this chapter.
Creative sign program. A creative sign program provides for property owners and businesses to propose and the city to consider special deviations from the regulations for on-site permanent signs provided in this chapter under certain circumstances. The intent of this process is to (1) encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and (2) provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs. The process for application, review, and decision of the creative sign program shall be as established in Section 17.10.035 (Creative sign program).
3. Uniform sign program required. To ensure compliance with the regulations of this chapter and except as otherwise exempted, a uniform sign program shall be required for all new non-residential developments of three or more separate tenant spaces that (1) share either the same parcel or structure; and (2) use common access and parking facilities within the city. The process for application, review, and decision regarding a uniform sign program shall be as established in Section 17.10.040 (Uniform sign program).
B. Method of application. An application for a sign permit, creative sign program, or uniform sign program shall be made on the forms) prescribed by the city planning department.
The application shall be accompanied by any fees as specified by city council resolution. 113
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The required contents of the application shall be as specified in Section 17.10.030 (Sign permit), Section 17.10.035 (Creative sign program), or Section 17.10.040 (Uniform sign program) for each type of permit.
C. Decision and application review procedures. At each level of review or appeal, the decision shall be rendered, in writing, within the time limits set forth herein. The time period begins running when the application is deemed complete, or the notice of appeal has been filed, whichever applies
1. Generally.
a. Notwithstanding any of the time limits contained in this section, the city planner and planning commission shall endeavor to render decisions in a timely manner. b. Notwithstanding the time limits contained in this section, the city planning department and the applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and shall be for no more than 90 days.
2. Sign permit and creative sign program.
a. Upon receipt of a completed sign permit or creative sign program application by the city planning department, the city planner shall review the contents of and approve, deny, deem incomplete, or refer the application to the planning commission within ten calendar days.
If, within ten calendar days of receiving the application, the city planner determines that the application does not include the necessary information needed to review the proposal for consistency with this chapter, the city planner shall deem the application incomplete. If the application is incomplete, the applicant shall be notified in writing. The notification shall specify what information is missing and may also include information on the areas in which the submitted plans are not in compliance with city standards.
c. Should the city planner fail to take action on a sign permit or creative sign program application within the prescribed time limits established by this section, such sign permit or creative sign program application shall be deemed automatically appealed to the planning commission to the extent it complies with the area and location requirements for signs imposed by this chapter.
3. Uniform sign program. The application processing procedures for uniform sign programs shall be as described in Chapter 17.08 (Application processing procedures).
The city planner shall determine whether a uniform sign program application is complete within 30 calendar days of application submittal and shall make the determination in writing to the applicant. Once the application is deemed complete, the city planner shall schedule the program for hearing with the planning commission.
The planning commission hearing shall occur no later than 90 days from the date of that the uniform sign program application is deemed complete. 114
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D. Variances. Applications for a variance from the terms of this title shall be reviewed by the planning commission according to the variance procedures set forth in Section 17.10.070 (Variance).
E. Appeals.
1. Appeals of decisions of the city planner or planning commission may be appealed as specified in Section 17.08.060 (Appeals).
A final determination of the city council may be appealed to a court of competent jurisdiction in accordance with applicable provisions of state law. (Ord. No. 423, § 2, 4-21-2009)
17.42.050 Exempt signs.
The following sign types are expressly exempted from the permit requirements of this chapter and title but still must satisfy any and all other applicable city permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment, etc.). Any exception to the limitations for exempt signs listed herein shall require either a creative sign program pursuant to Section 17.10.035 (Creative sign program) or a variance pursuant to Section 17.10.070 (Variance). However, consideration of the variance request shall not evaluate the message or graphic design of a sign.
A. Exempt signs without limitations. The following signs are exempt from sign permit and city review requirements:
1. All devices which are excluded from the definition of a "sign" as set forth in this Code.
Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his duties. The city has a compelling interest in allowing such signs in order to comply with state and local laws and to promote public safety.
3. Direction, warning or information signs or structures required or authorized by law, or by federal, state, county, or city authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone signs. The city has a compelling interest in allowing such signs in order to comply with state and local laws and to promote public safety.
4. Existing ghost signs. Restoration of ghost signs is encouraged and shall not affect the exempt status of the sign, nor shall it count towards the maximum allowed area of any new on-site signage.
5. Utility company signs identifying cables, conduits, danger, and so forth. The city has a compelling interest in permitting such signs in order to comply with state and local laws and to promote public safety.
6. Street address signs consistent with the city-adopted building code or relevant provisions of the City Municipal Code. Notwithstanding anything in this section, street 115
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address signs may be illuminated and may contain reflective paint or material. The city has a compelling interest in permitting such signs to promote the identification of property to guide emergency response personnel.
7. Historical and/or memorial tablets and identification plaques installed by or on behalf of a recognized governmental historical agency. The city has a compelling interest in permitting such signs to promote interest in historical structures and events and to promote public safety and identification.
Time and temperature signs containing no advertising copy. The city has a compelling interest in permitting such signs to promote awareness of local conditions for individuals with medical problems and to promote public safety.
9. Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8880 et seq. The city has a compelling interest in permitting such signs in order to comply with state law.
10. Gas pricing signs, as required by state law, which identify the brand, types, octane rating, etc. of gasoline for sale within the city. The city has a compelling interest in permitting such signs in order to comply with state law.
11. Change of copy that does not alter the size, location, or illumination of a sign. The city has a compelling interest to permit such minor changes to make sign maintenance a less onerous burden on property owners and to promote public safety.
12. Signs prohibiting trespassing or hunting. The city has a compelling interest to allow property owners to post these signs for the protection of life and private property and to promote public safety.
B. Exempt signs with limitations. The following signs are exempt from sign permits and as such do not require city review. However, they shall be consistent with the size, height, duration, and/or maximum number limitations listed:
1. Flags that are not included in the definition of a temporary promotional sign that display a non-commercial message, attached to poles, including, but not limited to, flags of the United States, the state and other countries and states, counties and municipalities, not to exceed three flags/poles on properties containing less than one acre of land, and not to exceed six flags/poles on properties containing more than one acre of land. Poles shall not exceed 30 feet in height and flags shall not exceed 42 square feet in surface area. Such flags shall be maintained in good condition and free of tattering or tearing.
2. Permanent window signs (e.g., hanging on the interior of the window or stenciled on the inside or outside of the window) not exceeding four square feet per street frontage shall be permitted. Such signs should be encouraged to promote business identification, hours of operation and address information. Such signs may not be illuminated
Community interest group signs (e.g., fraternal, benevolent, social services, religious organizations) displaying a non-commercial message, such as time and place/location 116
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of meetings, provided said signs are combined onto a common sign structure, the overall area of which does not exceed 100 square feet, and the area devoted to any one organization does not exceed 20 square feet. Such signs may be located off-site from where the activity takes place; however, no more than four locations for such signs will be allowed within the city. Such signs must be set back a minimum of 25 feet from the public right-of-way in non-residential districts and set back a minimum of ten feet from the public right-of-way in non-residential districts, and must be located a minimum of 75 feet from any other freestanding sign.
4. Construction signs not to exceed one sign per street frontage and a maximum of 20 square feet in area or a maximum of 36 square feet if combined with a future tenant sign. Construction signs may not be illuminated. Such signs shall be removed at the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, or opening for business to the public.
Future tenant signs. One future tenant identification sign (e.g., banner) per property/establishment shall be permitted and shall not exceed ten square feet in area or a maximum of 36 square feet if combined with a construction sign. A future tenant identification sign listing the name of future tenants, responsible agent or realtor, and identification of the specific complex are encouraged. When a future tenant sign is independent of a construction sign, the future tenant sign is permitted until such time as a certificate of occupancy is issued for the building(s). The maximum height of future tenant signs shall be five feet and the sign may not be illuminated. Additionally, windows of future tenant spaces may be papered over to screen construction. Such window papering signage on said property is permitted and shall not count towards the sign area limitation.
6. Garage, yard, estate, and other home-based sale signs advertising the one day sale of items from a garage, yard, estate, or other home-based sale. One day sale signs are not permitted for home occupations. The city has a compelling interest to allow these signs for the benefit of residents and local groups. A maximum of four signs, each a maximum of six square feet, may be allowed. Such signs shall not be affixed to any utility pole or street sign pole.
Real estate signs are allowed on private property if set back five feet from the public right-of-way and out of any required clear visibility triangle, with the following limitations:
a. For residential property, one sign with a maximum sign area of six square feet (each side). Additionally, a maximum of three attached rider signs are permitted on each real estate sign. On weekends and holidays, signs needed to direct traffic from major collector and arterial streets to the subject property are allowed as follows: one sign may be placed for each change in direction to a maximum of five signs, each with a maximum sign area of six square feet. 117
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b. For commercial property, one on-site sign per street frontage with a maximum sign area of 32 square feet for parcels with less than one acre and 48 square feet for parcels large than one acre with an eight-foot height limit.
C. Removal. All real estate signs must be removed not later than five days after the close of the transaction proposed by the sign.
8. On-site directional signs. Exit, entrance, or other on-site traffic directional signs are permitted. When located within a required front yard or street side yard area (as defined in Chapter 17.32 (Yard measurement and projections)), the maximum height of any directional sign shall be 30 inches and the maximum size shall be four square feet. No advertising or message other than for traffic direction shall be displayed.
9. Nameplate signs for residential uses, provided that there is no more than one unlit sign per property, up to a maximum of one-half square foot in area, which is attached to and parallel with the front wall of the building and only contains the name and title or occupation of the occupant.
10. Nameplate signs for commercial uses, identifying (and copy limited to) the address of the building, property, or tenant to a maximum of one square foot per sign.
Nameplates for commercial uses may only be lit by either an indirect light source (e.g. porch light), low-wattage spotlight without glare to the adjoining property, or internal light source with opaque (non-transparent) background.
11. Signs on residential property, not exceeding ten square feet in area, other than nameplates and street addresses, and of a non-commercial nature, are allowed provided that they are setback at least five feet from the public right-of-way and do not project over the roofline of any structure.
12. Murals, on walls other than the main entrance to a building, installed and maintained to an area not exceeding a maximum of 100 percent of the exterior wall area of the first two stories upon the wall or facade where the mural sign is located
13. Menu/order board signs. A maximum of one menu/order board sign shall be permitted for each drive-in or drive-through establishment, provided that the sign does not exceed a maximum of 40 square feet in sign area and that the sign be limited in height to eight feet. The menu/order board sign does not count toward the total allowed signage for the establishment as described in Table 17.42.090-1 (Allowed permanent on-site sign standards). Additional signs, area, and/or height may be permitted through issuance of a creative sign program, provided that the location of the sign(s) does not interfere with on-site vehicle circulation or traffic in the public right-of-way (e.g., line of sight).
(Ord. No. 423, § 2, 4-21-2009)
17.42.060 Prohibited signs.
It shall be unlawful to erect, and no permit shall be issued for, any of the following signs:
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A. Any sign not specifically in accordance with the provisions of this chapter; B. Signs painted or mounted on roofs or placed above the roof line (except for mansard roofs); C. Animated signs or flashing signs, with the exception of time and temperature signs and electronic reader signs;
D. Pennants, banners, balloons or other paraphernalia composed of paper, cloth or other flexible material, except as otherwise permitted under Section 17.42.100 (Allowed temporary on-site sign standards);
E. Signs which rotate, move, reflect, blink or incorporate elements that do so, except time and temperature signs and electronic reader signs;
F. Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, except where required by a governmental agency or permitted as part of kiosk sign program, or as provided in Chapter 17.44 (Signs on city property); G. Inflatable balloon signs, including, but not limited to individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air;
H. "Can signs," except logos;
I. "Pole signs" and other freestanding signs constructed with a single supporting pole that is not covered with architectural cladding or other covers so as to appear as a solid base or structure;
J. Electronic message signs in the historic (H) district; K. Signs affixed to vehicles where the primary purpose of the vehicle is advertising. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being uses (e.g., delivery service) or is required by state or federal law (e.g., contractor's license number) as exempted in the definition of a sign. Signs included in this definition include, but are not limited to, cars parked showing garage sale signs or vehicles that drive around the city with the express intent of communicating a message displayed on the vehicle (e.g, "rolling billboards").
Signs attached to light standards unless part of a uniform sign program or street banner program.
(Ord. No. 423, § 2, 4-21-2009)
17.42.070 General development, maintenance, and removal provisions.
A. Construction of signs. Every sign and all parts, portions and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:
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All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.
2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.
3. All freestanding signs that incorporate lighting shall have underground utility service.
4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.
B. Maintenance of signs. Every sign and all parts, portions and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other non-maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the city.
Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such.
C. Determination and measurement of sign area.
General area calculation. Generally, the area of a sign shall be measured as the overall length of the sign times the overall height of each segment of copy or logo exclusive of background. When the sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the sign shall be measured as 75 percent of the area of the sign copy (height of the letters times the length of each line of letters, e.g., length × height × 75 percent). This practice of taking 75 percent of the area shall be known as the void rule. See Figure 17.42.070-1 (Sign area.
Figure 17.42.070-1: Sign Area
Height Ç,09° Sign Height
Length
Length
2. Awning or canopy signs. Sign copy which is applied to an awning or canopy shall be computed at 100 percent of the area within a single rectangle enveloping the sign copy.
See Figure 17.42.070-2 (Awning or canopy sign area.
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Figure 17.42.070-2: Awning or Canopy Sign Area
TODAY
Awning Sign Area
(shaded regions) cupcakes
3. Freestanding signs. Freestanding signs are to be computed as total height by the total length of the sign for one side for double-faced signs, excluding framework of separate single wood post or masonry column and single wood or masonry beam. The base of a monument sign is not part of the sign when comprised of wood, stucco, or masonry.
See Figure 17.42.070-3 (Freestanding sign area.
a. Freestanding signs that are spread with two faces (e.g., marquee sign) shall be computed as the greater of the area of one side or the projected area of two sides. b. Freestanding signs that are spread with three faces shall be computed as the greater of the area of one side or the projected area of two sides or three sides. c. Freestanding signs that are four-sided shall be computed as the greater of the area of two sides or the projected area of two sides.
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Figure 17.42.070-3: Freestanding Sign Area
Height Freestanding Sign Area
(shaded region only)
Length
4. Three-dimensional objects. Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured at their maximum projection upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection. See Figure 17.42.070-4 (Area of three-dimensional objects).
Figure 17.42.070-4: Area of three-dimensional objects
Length
• Sphere as Suilding
Attached Sign
Height
D. Measurement of sign height. Sign height shall be measured from the upper most part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign.
E. Setback and spacing of freestanding signs.
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1. The minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway, unless an encroachment permit is granted. All freestanding signs shall be located outside of the public right-of-way and any required clear visibility vision triangle.
2. The minimum spacing distance between permanent freestanding signs, excluding on- site directory signs, should be 50 feet. The designated approving authoritydecision- making authority will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear visibility vision triangle and does not otherwise inhibit motorist safety.
F. Sign removal or replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This provision does not apply to routine maintenance.
(Ord. No. 423, § 2, 4-21-2009)
17.42.080 Design standards.
The following criteria shall be utilized for permanent advertising displays and signs, and shall not be construed to govern the design of temporary signs:
A. General design standards.
1. Architectural style. Each sign shall be designed to be compatible with and relate to the architectural style of the main buildingprimary structure or buildings upon the site where such sign is located. Each sign shall also be compatible with the style and character of the existing improvements upon the lots adjacent to the site. Signs located on commercial sites but in a predominately residential area shall be unobtrusive and designed to be compatible with such residential area.
2. Relationship to buildings. Signs located upon a lot with one main buildingprimary structure or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as the type of construction materials, color, or other design detail.
3. Color. The colors) of a sign should be harmonious and complementary to the colors of the building on or near which it is to be located. Fewer colors will generally produce the most attractive sign.
4. Letter style. The letter style to be used on a sign should be compatible with the architectural style of the building on or near which it is to be located. For example, simple block letters are generally most compatible with Spanish style buildings. For those buildings that have been recently constructed and have no particular architectural style, simpler letter styles are desirable.
5. Sign materials. The goal of sign design is to maintain moderate, attractive, and compatible styling so as not to conflict or distract from the architectural character of 123
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the area. The choice of materials shall be left to the discretion of the applicant, subject to the provisions of this chapter and the approval of the city.
Relationship to other signs. Where there is more than one sign on a site or building, all permanent signs displaying a commercial message shall have designs that similarly treat or incorporate the following design elements to the extent feasible:
a. Letter size and style of copy;
b. Shape of total sign and related components;
c. Type of construction materials;
d. Sign/letter color and style of copy;
e. Method used for supporting sign (e.g., wall or ground base); and f. Location.
7. Sign illumination. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:
a. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;
b. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign;
c. Unless otherwise permitted by another provision of this chapter, signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;
d. Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices;
e. Reflective type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the build or lamp is exposed to a public right-of-way or adjacent property; and Light sources shall utilize energy efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations (California Building Standards Code).
8. The maximum coverage of copy allowed on a sign shall be 80 percent of the sign face.
B. Design standards for special sign types.
1. Awning and canopy signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied, as follows:
a. Lettering shall be allowed on awning valances only and shall not exceed 18 inches in height. Logos, symbols, and graphics that do not include text may be allowed 124
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on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning. See Figure 17.42.080-1 (Awning and canopy sign.
Figure 17.42.080-1: Awning and Canopy Sign
Shed.
Valance
Cupcakes
b. Lettering shall be located within the middle 70 percent of the valance area. c. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings. d. Awning signs shall only be allowed for first and second story occupancies e. Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed
f. Awnings shall be regularly cleaned and kept free of dust and visible defects. g. The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel shaped awnings are appropriate for buildings with arched window/door openings.
2. Blade/bracket signs.
a. Location. Blade or bracket signs shall be placed only on ground floor facades, except for businesses located above the ground level with direct exterior pedestrian access.
b. Height. The lowest point of a blade or bracket sign shall be a minimum of eight feet above grade.
c. Projection. The sign may project a maximum of four feet from the building. 125
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d. Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
e. Encroachment. Blade or bracket signs may not encroach into the public right-of- way or be located above it, or into city-owned property except with an encroachment permit.
3. Wall signs.
a. Wall signs shall be compatible with the predominant visual architectural elements of the building facade.
b. Wall signs shall be placed to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.
Wall signs shall utilize a consistent proportion of signage to building scale, such as 1/3 text to 2/3 wall area or 1/4 text to 3/4 wall area. See Figure 17.42.080-2 (Text scale).
Figure 17.42.080-2: Text Scale
⅓ Wall Area
½ Sign Cupcakes
½ Wall Area
d. Wall sign raceways shall be concealed from public view (e.g., within the building wall or painted to match the exterior color of the building where the sign is located) or otherwise integrated with the design of the sign and building so as to not detract from the architectural character of the building. e. Direct and indirect lighting methods are allowed for wall signs provided that they are not harsh or unnecessarily bright. Light shall either be directed down or in such a way that it does not cause light trespass or glare onto adjoining properties or public rights-of-way.
f. Can signs are prohibited. Channel letters, reverse channel letters, and push pin letters are preferred. Letters may not utilize gold-colored (or a shade of gold) trim cap.
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g. If a tenant's signage on one facade is comprised of multiple elements (e.g. logo and text), the elements shall be located and scaled with relationship to each other.
See Figure 17.42.080-3 (Multiple element signs).
Figure 17.42.080-3: Multiple Element Signs
Cupcakes
Encouraged: Logo relates to
lettering as part of the overall
design.
L
Cupcakes
Discouraged: Logo is
unrelated to lettering based
on spacing of components.
Cupcakes
Discouraged: The logo and
lettering are of disproportionate
scales.
4. Freestanding signs.
a. Monument and pylon signs are preferred because they can be more fully integrated into the overall development design. As described in Section 17.42.060 (Prohibited signs), pole signs are prohibited. Pylon signs shall be constructed with architectural cladding or similar material covering the supporting framework so they are architecturally integrated with the rest of the sign. 127
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In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids.
c. Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary freestanding sign would also include brick.
Landscaping shall be provided at the base of the sign equal to the area of the sign. Landscaping shall be complementary to and designed in concert with the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way. e. The minimum letter height on a freestanding sign shall be 12 inches. The intent is to limit the clutter of text on the sign and increase readability for the public, thereby providing for public safety.
f. The maximum letter height on a freestanding sign shall be 36 inches. The intent is to limit the negative visual impact of large text size.
5. Marquee or changeable copy sign. These types of signs shall be considered to be the same as any other type of sign and shall be regulated based on their location, ie. if located on a wall, they shall be deemed wall signs.
6. Electronic message signs. Electronic message signs as part of an on-site sign may be permitted through a creative sign program or uniform sign program, provided that the message is an on-site message, except for public information messages, and shall be programmed so that the message does not change more than once every four seconds (scrolling messages are prohibited).
(Ord. No. 423, § 2, 4-21-2009)
17.42.090 Allowed permanent on-site sign standards.
Table 17.42.090-1 (Allowed permanent on-site sign standards) lists the development standards for all permanent on-site signs based on use type and zoning district, as well as allowed sign type. As identified in Section 17.42.040 (Permits and review procedures), a sign permit is required before any of the sign types listed herein are installed, erected, or otherwise established. Only those signs that may be permitted are listed. Regulations for temporary promotional on-site signs are listed in Table
17.42.100-1 (Allowed temporary promotional on-site sign standards). Regulations for off-site signs are listed in Section 17.42.110 (Allowed off-site signage). The following general rules/standards apply to permanent signs regulated in this section:
A. Minimal illumination. Where illumination of a sign is allowed under this title, such illumination may be achieved by any method that minimizes glare onto neighboring or abutting property, such as from behind the sign (e.g., light source behind the face of the sign, such as with the opaque, non-transparent face of channel letters; silhouette halo 128
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illumination behind letters) or by a low-level spotlight. In the case of electronic message signs, it is recognized that this standard is not applicable and, in such instances, the illumination level shall be regulated such that the intensity of the illumination is appropriate based upon the level of lighting of the surrounding environment (e.g., illumination by the sun or moon during day, dusk, night time, and dawn) through the use of such means as light meters and programmed illumination regulation or LEDs that are designed to limit the spread of light.
B. Sign area allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of sign area to primary building frontage. Sign area is calculated as described in Subsection 17.42.070 C. (Determination and measurement of sign area. Where a ratio is described, it applies up to the listed maximum.
C. Collective sign area. The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type. For example, the total allowed area for wall signs for a particular establishment may be distributed amongst the maximum number of wall signs allowed for that same establishment.
Table 17.42.090-1: Allowed Permanent On-Site Sign Standards Minimum
Maximum Illuminati Other
Maximum Maximum Setback
Sign Type Number on Standards
Area Height from
Permitted ROW' Allowed / Notes
Permanent Subdivision Identification Signs
Monumen
t or on
2/entranc
fence/wall 24 sf 6 ft 5 ft Yes
e
Freestanding not in
Sign ROW
Monumen
1/entranc 24 sf
t w/in 6ft (2) Yes
ROW
Multiple-family Residential Signs
Freestanding sign, project /entranc 25 st 8ft 5 ft
identification e Yes
Nonresidential Signs-In General
Monumen 1/frontag
25 sf 8ft 5 ft Yes
Freestanding t sign
Signs Pylon sign 1/frontag
100 st 35ft 15 ft Yes
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Building Wall sign Roofline Yes
Attached
No 2.5:1, max
Signs, Window
Establishment Maximum 200 sf - No
sign 4
5 25k sf
Building Wall sign Roofline Yes
Attached
No 1.5:1, max
Signs, Window Maximum
Establishment 100 sf - No
sign 4
5=<5k sf
Nonresidential Signs-Historic Overlay (H) District
Projecting 1/frontag
e Yes
Sign
Roofline
Wall Sign 1/frontag 1.5:1, max
50 st Yes
e
Building Window No
Attached No
Sign 4 maximum
Signs 1:1 of
New applicable
1/frontag frontage, No
Ghost Sign Roofline (3)
e
max 100
sf
Notes:
1. Must be located outside the clear visibility triangle.
2. Within median islands, sign must be set back three feet from sides and 12 feet from ends.
3. Freestanding pylon signs shall only be permitted as part of a uniform sign program for sites greater than or equalto ten acres.
4. Window signs may not occupy more than 20 percent of the individual window area. The void rule shall apply when calculating the area of the window sign when it is stenciled on the window pane.
5. New ghost signs must be treated such that they appear aged and weathered consistent with existing historic ghost signs in the downtown area.
(Ord. No. 423, § 2, 4-21-2009)
17.42.100 Allowed temporary on-site sign standards.
This section describes standards for temporary promotional on-site signs. These signs do not require the issuance of a sign permit. Temporary signs may include, but are not limited to, commercial signs for grand openings, special product, sale, or event advertising. The development standards for temporary signs are listed in Table 17.42.100-1 (Temporary sign standards). The following general rules/standards apply to temporary promotional signs:
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A. Time duration. Display periods for temporary promotional signs shall be limited to a maximum of 120 days per calendar year. Longer time periods may be permitted with issuance of a temporary use permit (see Section 17.10.050 (Temporary use permit)).
B. Illumination. Temporary signs may not be illuminated.
Message. Temporary signs displaying a commercial message shall be limited to on-site signage only. Temporary off-site signage displaying a commercial message is prohibited.
D. Encroachment. Temporary promotional signs shall not encroach on or above the public right-of-way or be attached to utility poles.
Table 17.42.100-1: Temporary Sign Standards
Maximum Maximum Maximum Minimum
Use Type Temporary Setback
Number Area Height from ROW'
Multiple-family Residential, 5 ft freestanding;
1/complex 4 sf 10 ft
Apartment Rental Roofline wall
Nonresidential, Building 12 sf; 20% of total
Attached 1/establishment window space if Roofline
located in a window
Nonresidential, 6 sf
1/establishment 5ft 10 ft
Freestanding
5 Balloons per sales
On-Site Subdivision, trailer or model
None 65 feet 10 ft
Balloons home complex
On-Site Subdivision, 1/subdivision
Directional Signs entrance, max 6 32 sf 10 ft 10ft
On-Site Subdivision, Flags 10 poles/subdivision 15 st/pole 20 ft 10 ft Notes:
1. Must be located outside of the clear visibility triangle. (Ord. No. 423, § 2, 4-21-2009)
17.42.110 Allowed off-site signage.
A. General off-site signage. Off-site permanent commercial signage is only permitted when consistent with the following development standards and after the appreving autheritydecision- making authority has issued a sign permit for the sign:
1. Allowed zones. Off-site commercial signage is only permitted in the C-3 and M-1 zoning district. Such signs may be permitted within a special purpose zoning district when the 131
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master plan or specific plan for such district specifically states that off-site commercial signage is permitted and the districts within which such signs are allowed.
2. Minimum lot size. Off-site commercial signage is only permitted at sites with a minimum lot size of ten acres.
Maximum signs per lot. One off-site commercial sign shall be allowed for the first ten acres of lot size. One additional off-site sign shall be permitted for each additional 25 acres of lot size.
Maximum height. The maximum height for off-site commercial signage is 25 feet.
5. Maximum area. The maximum area for off-site commercial signage is 100 square feet per sign.
6. Lighting. Off-site commercial signs may be illuminated, provided that the illumination does not produce glare or spill onto the roadway or adjacent property. Electronic message signs may be used, provided that the sign is programmed so that the message does not change more than once every four seconds (scrolling messages are prohibited) and the intensity of the illumination changes based upon the level of lighting of the surrounding environment (e.g., illumination by the sun or moon during day, dusk, night time, and dawn).
B. Weekend directional stake signs. Weekend directional stake signs are those signs customarily displayed on the weekends, measuring less than nine square feet in area, and mounted on wooden stakes. Such signs may be used to identify the name and location of active home sales as part of a new residential subdivision/condominium project, provided that each face of the sign does not exceed four square feet, it is mounted such that it is no more than four feet tall from the ground, and is setback a minimum of five feet from the edge of the roadway pavement.
Additionally, such signs are only allowed on a temporary basis from noon on Friday to no later than noon on the following Monday. In the event that Friday is a nationally-recognized holiday, said signs may be erected on Thursday after noon. In the event that Monday is a nationally- recognized holiday, said signs may remain in place until noon on the following Tuesday. In no event may a weekend directional stake sign be located within a roadway median.
C. Subdivision directional sign. Temporary off-site subdivision directional signs are permitted, subject to the issuance of a temporary use permit if placed for longer than 120 days, and require conformance with the following development standards:
1. Location. The sign shall be located outside of the clear visibility vision triangle and within the buildable area of the lot as defined by the setback regulations of the underlying zoning district. The sign shall only be located a minimum of 100 feet from another freestanding sign. It shall only be located on streets classified as collector or arterial under the general plan.
2. Height. The maximum height of the sign shall be 20 feet.
3. Area. The maximum area of one face of the sign shall be 25 square feet when only one subdivision is listed. When two or more subdivisions are listed, the maximum area of one face shall be 120 square feet with each subdivision limited to a maximum of 30 square feet. 132
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4. Number of faces. Subdivision directional signs may have up to four faces with the angle between the faces no more than 90 degrees.
Illumination. Subdivision directional signs may not be illuminated (Ord. No. 423, § 2, 4-21-2009)
17.42.120 Nonconforming signs and abandoned signs.
A. Nonconforming signs.
1. Except as otherwise provided by this section, all existing signs which do not meet the requirements of this chapter shall be deemed nonconforming signs and shall either be removed or brought into compliance with the City's Municipal Code when a substantial alteration to the sign is made. For purposes of this section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. In addition, "substantial alteration" shall also include any repair or refurbishing of a sign that exceeds 50 percent of the depreciated value of the sign and structure, but excepting customary maintenance. "Customary maintenance" shall be defined as any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the city and includes the following:
a. Repainting the sign text, cabinet or other component of the sign without changing the advertising message; or
b. Routine replacement of border and trim with substantially the same colors and materials.
2. A nonconforming sign may remain in use provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in Subsection A. If said nonconforming sign is destroyed or removed, or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future sign at the same location must be in conformance with the provisions of this chapter.
3. It shall be the responsibility of the owner of any premises containing a nonconforming sign (including a sign painted directly upon the surface of a structure) to remove said nonconforming sign within 90 days of cessation of business at that location.
B. Abandoned signs. Abandoned signs may be abated by the city. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 120 days after this chapter first goes into effect.
(Ord. No. 423, § 2, 4-21-2009)
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Chapter 17.44 SIGNS ON CITY PROPERTY
Sections:
17.44.010 Purpose and proprietary capacity.
The purpose of this chapter is to provide the process and standards for establishing signage on city property. In adopting this chapter, the city council acts in its proprietary capacity as to city property, as defined herein, within the city. This chapter is adopted pursuant to the city's general powers, property rights, Government Code Sections 65850(b), 38774, and 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq. (Ord. No. 423, § 2, 4-21-2009)
17.44.020 Intent as to public forum.
The city declares its intent that not all city property shall function as a designated public forum, unless some specific portion of city property is designated herein as a public forum of one particular type.
In such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.
(Ord. No. 423, § 2, 4-21-2009)
17.44.030 Definitions.
Terms unique to this chapter are listed in Chapter 17.8017.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)
17.44.040 General prohibition.
Unless specifically authorized by this chapter, no signs may be displayed on city property by private parties. Any sign posted on city property in violation of this chapter may be summarily removed by the city as a trespass and a public nuisance.
(Ord. No. 423, § 2, 4-21-2009)
17.44.050 Certain governmental signs.
The following signs may be erected and displayed on city property:
A. Traffic control and traffic directional signs erected by the city or another governmental unit; B Official notices required or authorized by law;
C. Signs placed by the city in furtherance of its governmental functions; and D. Signs allowable under Section 17.44.060 (Temporary signs displaying non-commercial message).
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(Ord. No. 423, § 2, 4-21-2009)
17.44.060 Temporary signs displaying non-commercial message.
In areas qualifying as traditional public forums, private persons may display non-commercial message signs thereon, provided that such signs conform to all of the following:
A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times.
The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions, the display period is extended to 30 minutes after such meeting is officially adjourned.
C. The maximum aggregate size of all signs held or personally attended by a single person is six square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area.
D. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet, measured on one side only.
E. The sign must have no more than two display faces and may not be inflatable or air- activated
F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this chas er may not land in ag yet on putat silena khen a gie a sope for use by clearance for pedestrians to pass by. Persons holding signs may not obstruct the clear visibility triangle, as defined in this title.
G. The message substitution policy of the sign ordinance applies only to traditional public forum areas.
(Ord. No. 423, § 2, 4-21-2009)
17.44.070 Street banner program.
A. The street banner program is reserved for the city's use to promote its own messages and those special events and activities that take place in the city.
B. Notwithstanding any other section of the Municipal Code, the city manager (or his or her other designee), or the city council upon appeal, may authorize the temporary placement of banner signs within the public right-of-way on city property.
C. Such banners shall be allowed for only a limited duration and must call attention to the city, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community.
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D. No person shall place, cause to be placed, or maintain a banner sign in the public right-of- way or on city property except as authorized herein.
E. The city manager shall designate those streets, highways, alleys, other public rights-of-way, and those city properties on which banner signs as authorized herein may be placed.
F. The city manager may issue a banner sign permit for an event and/or activity within 45 days after an application has been filed, subject to the following conditions:
1. The permit shall expire after 60 days and the applicant shall cause the banners to be removed at applicant's expense;
2. The banners may contain the name and date of the event;
3. The banners are secured tightly to the structures on which they are authorized to be attached; and,
For applicants that are co-sponsors with the city, the applicant must agree to indemnify and hold harmless the city from any damages arising from the placement, maintenance, and removal of banners in a form acceptable to the city attorney.
G. Each banner sign permit shall designate on which specific structures within the public right- of-way or on city property the banners may be placed and methods for such placement.
H. No permit shall be issued unless the city manager, or council on appeal, finds that the banners are so designated as not to block views significant for traffic and do not otherwise present a safety hazard
(Ord. No. 423, § 2, 4-21-2009)
17.44.080 Special event signage.
Signage associated with a special event shall be allowed under the following provisions:
A. Special event signage may only be allowed at Howard Park as part of a permitted special event through issuance of a special event permit.
B. Such signage may only be erected during the time specified and in the areas of Howard Park covered by the special event permit.
C. Special event signs may not be illuminated and shall not be posted or affixed above the roof line of any structure or within the canopy of any tree.
D. The maximum allowed size for any one special event sign shall be 100 square feet.
E. Signs may not be located within any driveway, street, or parking area, other than to direct traffic. Signs shall be sited in such a way as to not limit vehicle visibility when entering or existing the facility.
(Ord. No. 423, § 2, 4-21-2009)
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17.44.090 Long term leased signage.
The city may establish a program of leasing space at city facilities to private individuals, companies, or other entities for the express purpose of erecting and maintaining off-site commercial message signage. Such a program is limited to Howard Park and its associated facilities including, but not limited to, Evalynn Bishop Hall, Ed Hughes Memorial Arena, the stables, and soccer and softball/baseball fields. Such signage may be located interior or exterior to a structure and may be illuminated, provided it does not produce glare or spill onto adjacent properties or the public right- of-way. The signage shall not be erected higher than 40 feet when within 500 feet of a property line.
There shall be no limitation on the total square footage of such signage except as otherwise provided.
(Ord. No. 423, § 2, 4-21-2009)
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ARTICLE IV. STANDARDS FOR SPECIFIC RESIDENTIAL LAND USES Chapter 17.60110 HOME OCCUPATIONS
17.60110.010 Purpose.
The purpose of this chapter is to allow limited business activity to occur at residence where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. It is not the intent of this chapter to override lawful "residential use only" restrictions set forth in the conditions, covenants, and restrictions or similar provisions. (Ord. No. 423, § 2, 4-21-2009)
17.60110.020 Definitions.
Terms unique to this chapter are listed in Chapter 17.8017.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)
17.60110.030 Home occupations allowed.
Home occupations are allowed as part of any residential use, provided the requirements of this chapter are met.
(Ord. No. 423, § 2, 4-21-2009)
17.60110.040 Business license.
A business license from the city is required for any home occupation consistent with the requirements of this Chapter 5.06 (Business license).
(Ord. No. 423, 8 2, 4-21-2009)
17.60110.050 Plan check required.
Plan check is required as part of business license review conducted pursuant to Chapter 5.06 (Business license) and Section 17.10.020 (Plan check) and shall be completed by the city planner or his/her designee.
(Ord. No. 423, § 2, 4-21-2009)
17.60110.060 Limitations of use.
A. Examples of Types of Uses Allowed as Home Occupations. The following list provides examples of types of uses allowed as home occupations. Other uses that are similar to those listed may be approved by the city planner or his or her designee. 138
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1. Office uses such as an office for a contractor, architect, attorney, consultant, counselor, engineer, insurance agent, planner, tutor, data and/or word processing, electronic commerce.
2. Private lessons such as academic instruction, music, athletics, swimming, arts and crafts.
3. Tailoring, sewing, or alterations of clothing.
4. Art and craft work such as ceramics, flower arranging, jewelry making, painting, sculpting, and photography.
5. Small furniture repair and restoration.
6. Other similar uses that demonstrate a low-profile operation with fewer than five customers visiting the business per day.
B. Examples of Types of Uses Conditionally Allowed as Home Occupations. The following list provides examples of types of uses allowed as home occupations upon issuance of a conditional use permit (CUP) by the designated approving autheritydecision-making authority. Other uses that are similar to those listed may be considered upon a similar use determination.
1. Beauty salon/barber shop, massage, physical therapy, personal training.
C. Examples of Prohibited Uses. The following is a list of examples of prohibited uses that may not be conducted as home occupations. This is not an exhaustive list of prohibited uses.
Other uses similar to those listed may also be prohibited based on similar function or operation.
1. Ambulance service.
2. Ammunition reloading, including custom reloading
3. Boarding house, bed and breakfast hotel, time share condominium.
4. Carpentry, cabinet makers.
5. Ceramics (kiln of six cubic feet or more).
6. Health salon, gyms, dance studios, aerobic studies.
7. Medical, dental, chiropractic, clinic.
8. Mortician, hearse service.
9. Palm reading, fortune telling
10. Private clubs.
Repair, or reconditioning, of automobiles, boats and recreation vehicles.
12. Restaurants or taverns.
13. Retail sale from site (except direct distribution and artist originals).
14. Storage, repair, or reconditioning of motorized vehicles or large equipment on site. 139
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15. Tattoo service.
16. Tow truck services.
17. Veterinary clinic (including boarding).
18. Welding Service.
(Ord. No. 465, § 3, 7-16-2013; Ord. No. 423, § 2, 4-21-2009)
17.60110.070 Performance standards.
It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity.
These standards shall be incorporated as conditions of the business license for the home occupation.
Failure to comply with these standards will result in revocation of the business license.
A. Number of home occupations. One home occupation is allowed at a home where customers may visit the business. Otherwise, there is no limit on the number of home occupations.
B. Employees. A home occupation shall have no on-site employees other than the full time residents of the dwelling. Other employees may be employed by the business but they may not report to the home. No more than two full-time residents may be employed at the home occupation.
C. Habitable floor area. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.
D. Off-site effects. There shall be no mechanical equipment used or operations which create or make dust, odor, vibration, or other effects detectable at the property line of the property in which the home occupation is located.
E. On-site sales. There shall be no products sold on the premises except artist's originals or products individually made to order on the premises, or as part of electronic commerce.
F. Products which are not "artist's originals" or "individually made to order" may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location
G. Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.
H. Traffic/vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than one additional vehicle per hour.
Storage. There shall be no storage of material, products, or supplies out-of-doors.
1. Exterior appearance. There shall be no remodeling or construction of facilities for the home occupation which changes the external appearance of the residence from a residential to a more commercial appearing structure when viewed from the front of the building.
Conversion of a portion of the interior of the structure (e.g., a garage) that does not result 140
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in a loss of off-street parking or alter the exterior appearance of the structure may be allowed through issuance of a building permit.
K. Signs. No signs for the home occupation are permitted.
L. Visitors and customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor per hour and no more than one at any given time. A home occupation may exceed these limits upon approval of a conditional use permit by the designated approving authoritydecision- making authority.
M. Hazardous materials. Storage of hazardous materials may only be stored in amounts below the thresholds as established by the local fire department.
N. Hours of operation. The hours of operation during which customers may visit the occupation shall be between the hours of 7:00 a.m. and 7:00 p.m. (Ord. No. 468, § 3, 4-1-2014 ; Ord. No. 423, § 2, 4-21-2009)
17.60110.080 Conditions.
The city planner or his or her designee may establish reasonable conditions on the operation of any home occupation if necessary to meet the intent of this chapter. These conditions shall be attached to or incorporated in the business license for the home occupation. (Ord. No. 423, § 2, 4-21-2009)
17.60110.090 Home owners association.
As part of the business license permit application form, applicants for a business license for a home occupation shall indicate if they have consulted any relevant home owners association and/or covenants, convents, and restrictions (CC&Rs) for the business location. The intent of this portion of the application process is to remind home occupation operators that special private regulations for their development may be in effect. Although the city may issue a business license for a home occupation regardless of conflicting CC&Rs for that residence, such home occupation may not be permitted by a home owners association and may subject holder of that business license to fines, penalties, judicial action, or other enforcement proceedings from the home owners association. (Ord. No. 423, § 2, 4-21-2009)
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Chapter 17.62112 ACCESSORY DWELLING UNITS
17.62112.010 Purpose.
The purpose of this Section is to establish procedures for permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) on lots zoned for residential uses, and to implement state law as required for such uses. ADU and JADU are defined in Section 17.82,310. In accordance with state law, ADUs and JADUs are accessory uses and shall not be counted as an additional dwelling for the purposes of calculating permitted General Plan or residential zoning density.
17.62112.020 Applicability.
The provisions of this Chapter apply to all lots that are occupied with a residential dwelling unit and to all vacant lots that are zoned for residential development. The addition of an ADU shall not be considered to result in an increase of the allowable density for the lot upon which the ADU is located When established consistent with the following regulations, an ADU is a use consistent with the General Plan and Zoning designation for the lot.
17.62112.030 Development Standards.
A. Restrictions. All ADUs and JADUs shall comply with the following regulations:
1. No ADU or JADU shall be sold or otherwise conveyed separately from the primary residence.
2. An ADU or JADU may only be rented, leased, and/or occupied for residential purposes.
If an ADU or JADU is rented, it shall not be rented for a period of less than 30 consecutive days.
3. All ADUs and JADUs shall comply with the California Building Standards Code, as amended by the City.
3. Ne additional parking shall be required to be provided for either an ADU or a JADU,
4. If a fire sprinkler system is required for the primary residence, a fire sprinkler system is also required in any accompanying ADU or JADU.
B. Design. All ADUs and JADUs shall comply with the following design standards:
1. ADU Standards.
a. Location and number of ADUs.
i. Subject to the requirements in this section, one ADU is permitted on a lot where (1) a single-family or multi-family dwelling is a permitted use, and (2) where there is an existing or proposed single-family or multi- family dwelling.
ii. One detached ADU and one JADU may be permitted on a property with a proposed or existing single-family dwelling where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied. 142
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ILL. _One or more ADUs may be permitted on a lot with an existing multi- family dwelling where the requirements of Government Code Section 65852.2(e)(1)(C) or (D) are satisfied. For purposes of this section
17.62112.30, "multi-family dwellings" are those that contain more than one dwelling unit, including but not limited to duets, duplexes, triplexes, apartment buildings, and condominium buildings.
(A) Multiple ADUs may be allowed within the portions of existing multifamily dwelling structures that are not used as livable space. including, but not limited to, storage rooms, boiler rooms. passageways, attics, basements, or garages, if each ADU complies with state building standards for dwellings.
(B) A minimum of one ADU shall be allowed within an existing multifamily unit and ADUs shall be allowed within an existing multifamily building at up to 25 percent of existing multifamily units.
(C) Not more than two detached ADUs, which are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks. may be located on a lot with an existing multifamily dwelling. iv. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and shall be located on the same lot as the proposed or existing primary dwelling.
Wey. ADUs do not exceed the allowable density for the lot upon which the ADU is located, and ADUs are a residential use that is consistent with the existing general plan and zoning designation for the lots within zones that permit ADUs.
2. Development Standards. Except for those ADUs exempt from obtaining an ADU Permit, as provided in above, ADUs shall comply with the following:
a. Unit Size and Height.
i. An attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling or 8507,200 square feet, whichever is moreless. ii. A detached ADU shall not exceed 1,200 square feet.
ili. The maximum height for a detached ADU shall be 16 feet, measured to the roof peak.
iv. An attached ADU shall comply with the maximum height restriction applicable to the primary dwelling. When more than 50% of the gross floor area of an ADU is located above an existing or proposed garage, the entire combined structure shall not exceed 25 feet in height. 143
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b. Setbacks.
i. No setbacks shall be required for conversion of an existing living area or accessory structure into an ADU, or the new construction of an ADU in the same location and to the same dimensions as an existing structure. ii. For all other ADUs, the required setback from side and rear lot lines shall be four feet, and the ADU shall conform to the front yard setback regulations applicable to the zoning district in which it is located. ili. A detached ADU shall be a minimum of five feet from the primary dwelling, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling. c. ADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. Where the application of lot coverage, floor area ratio, setbacks, or other development regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived, to the extent permitted by law, to permit such an ADU.
3. Architectural DesignReview.
a. An ADU shall have a separate exterior access point independent from the primary dwelling.
b. Where a proposed ADU will likely be visible from a public street or thoroughfare, design elements shall be used that are similar in materials, color, style, and form to the primary dwelling, including the exterior siding, trim and color, roof materials, and window placement and type. An ADU that will be located behind the primary dwelling and that will not be visible from the public street shall use decorative exterior cladding and window treatments suitable for a permanent residence.
c. All windows that face a side yard adjoining a side yard of an adjacent property and are located within 15 feet of the shared property line shall be a minimum of
6.5 feet above the finished floor height ("clerestory"), except that this standard does not apply if a structure on the adjacent property does not have any non- clerestory windows on the building elevation that faces the ADU. d. Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or an adjacent property. e. All ADUs must have permanent foundations.
eL. No passageway is required for construction of an ADU.
4. JADU Standards.
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a. Subject to the requirements in this section, one JADU is permitted on any property where single-family residential use is a permitted use and there is an existing or proposed single-family dwelling.
b. The owner of a parcel with a JADU shall occupy as a principal residence either the single-family dwelling or the JADU, except where the owner is another governmental agency, land trust, or housing organization. c. Development Standards.
i. JADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. il. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet.
iii. A JADU must be contained entirely within the walls of an existing or proposed single-family dwelling.
iv. A JADU shall, at a minimum, include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.
v. A JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit. JADUs that share sanitation facilities with the principal dwelling unit are required to maintain an interior connection between the JADU and the primary dwelling. vi. Any exterior improvements associated with the development of a JADU shall conform to the zoning regulations applicable to the property.
C. Covenants and Recordation. A covenant, in a form acceptable to the City of lone, shall be recorded with Amador County, prior to issuance of any building permit for an ADU. Failure to record the covenant shall be grounds for code enforcement action by the City. The purpose of recording the covenant is to ensure that future property owners are made aware of the requirements under which the ADU shall be maintained, including:
1. A deed restriction shall be recorded that: prohibits the sale of the ADU separate from the sale of the single-family residence; includes a statement that the deed restriction may be enforced against future purchasers; and restricts the size and features of the ADU in accordance with this section.
D. Utilities and Fees. Notwithstanding any other provision of this Code, or any ordinance or resolution of the City of lone, the development impact fees for an ADU and a JADU shall be applied as follows:
1. ADUs and JADUs shall be subject to the payment of all water, sewer, or other utility fees, except as otherwise provided in this section or in Government Code Sections 65852.2 and 65852.22.
2. Except where constructed with a new single-family dwelling, an ADU or JADU that meets the requirements of Government Code Section 65852.2(e)(1)(A) shall not be required to 145
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install a new or separate utility connection directly between the ADU/JADU and the utility, and shall not be charged a connection fee or capacity charge.
3. For any ADU or JADU not exempted under subsection (a) above, the City may require a new or separate utility connection between the ADU/JADU and the utility and may charge a connection fee or capacity charge, at the discretion of the Building Official. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU/JADU, based on its square feet or the number of drainage fixture unit (DFU) values, upon the water or sewer system.
4. An ADU or JADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges, except where constructed with a new single-family dwelling.
5. JADUs and ADUs less than 750 square feet shall not be subject to any impact fees. ADUs that are 750 square feet or larger shall be subject to applicable impact fees, charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" shall have the same meaning as defined in Government Code Section 65852.2(f).
Nonconforming conditions. An ADU or JADU allowed pursuant to this chapter shall be not conditioned or otherwise required to correct existing nonconforming zoning conditions.
EE. Approval. Before constructing an ADU or JADU, an applicant shall obtain necessary permits in accordance with this section. The application for planning review and for a building permit to construct an ADU en an existing residentially zoned lot shall be ministerially approved if the requirements of this code are met.
1. Projects Subject to ADU PermiAdministrative Site Plant Review. a. Forall proposed ADUs, an application shall be submitted to the Planning Division on prescribed forms that demonstrates that the ADU complies with the requirements of this section.
b._An application for an administrative site plan review permit for an ADU permit shall be processed and considered ministerially, without discretionary review or a public hearing, consistent with the requirements of this section and state law, within 60 days of submittal of a complete application.
i. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
HiL The 60-day review period shall not apply when:
(A) An ADU permit application is submitted contemporaneously with an application for a single-family or multi-family dwelling that is subject to discretionary review under this Chapter. The ADU permit application shall be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary separate review. 146
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(B) The applicant seeks a delay.
Đ.c. In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction-related permits prior to construction of the subject unit.
2. Projects Exempt from Obtaining an ADU Permit.
a. An ADU-administrative site plan review permit shall not be required if the proposed unit-ADU or JADU meets the requirements of Government Code Section 65852.2(e)(1) and the California Building Standards Code, as amended by the City. Any ADU which does not require an ADU permit may submit a building permit application directly to the Building Division. The requirements of Government Code Section 65852.2(e) (1) include:
i. One ADU and one JADU are permitted ministerially per lot with a proposed or existing single-family dwelling if all of the following apply:
(A) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and mav include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety. (D) The JADU complies with the requirements of Government Code Section 65852.22.
ii. One detached, new construction ADU that meets the following requirements. The ADU may be combined with a JADU described in subparagraph i.
(A) The ADU is on a lot with a proposed or existing single family dwelling.
(B) The ADU does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. (C) The ADU total floor area does not exceed 800 square feet. (D) The ADU is 16 feet in height or less.
iii. ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to. storage rooms, boiler rooms, passageways, attics, basements, or garages. 147
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(A) At least one ADU is allowed within an existing multifamily dwelling and a total number of ADUs that is up to 25 percent of the existing number of dwelling units in the multifamily building shall be allowed.
(B) Each ADU shali comply with the California Building Standards Code, as adopted by the City.
(C) Not more than two detached ADUs. that are subject to a height limit of 16 feet and four-foot rear yard and side vard setbacks. shall be located on a lot that has an existing multifamily dwelling iV. Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling.
b. Any ADU which does not require an ADU permit may submit a building permit application directly to the Building Division.
3. Except for ADUs and JADUs that are exempt from obtaining an ADU permit administrative site pian review permit under subsection (2) above, any building additions or accessory structures located on the parcel that are not in compliance with the City Code of lone shall be brought into compliance with the City Code prior to approval of an ADU.
4. The City of lone shall not issue a certificate of occupancy for an ADU or JADU before issuing a certificate of occupancy for the primary dwelling.
5. Applications to construct an ADU or JADU on a property that is designated as a historic resource by the City of lone, the State of California, or by the National Register of Historic Places, shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such a property.
FG. Parking. A minimum of one parking space per ADU or per bedroom, whichever is less, shall be required. These spaces may be provided as tandem parking, may be covered or uncovered, and may be located on an existing driveway if the use of such driveway does not decrease required parking for the primary structure.
1. Off-street parking shall be permitted within the front yard setback, provided that the parking is setback a minimum of 10 feet from the street or through tandem parking. unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the demolished off-street parking spaces are not required to be replaced.
13. Parking is not required if the ADU is located:
a. Within one-half mile walking distance of public transit; 148
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b. Within the City of lone's downtown residential overlay district; c. Where on-street parking permits are required but not offered to the occupant of the ADU;
d. Where a car-share vehicle is located within one block of the ADU; and/or e. Entirely within a legallyn existing or proposed primary or accessory structure.
17.62112.050 Review Process for ADUs and JADUs Not Complying with Section
17.62112.030.
A. A proposal to establish an ADU that does not comply with Section 17.62112.030 may be permitted with an administrative use permit site plan review, which may be elevated to a discretionary site plan review, at the discretion of the City Planner, subject to the required findings of Section 17.62112.060.
B. Any appeal of the City Planner's decision shall comply with Section 17.08.060 Appeals.
17.62.060. Findings.
A. In order to deny an administrative use permit under Sectien 17.62.050, the City Planner shall find that the ADU would result in known ricks to the public health or public safety, including fire safety, that cannet be mitigated or would introduce more than insignificant privacy impacts to any adjacent property:
B. In order to approve an administrative use permit under Section 17.62.050 that requires the waiver of required ADU parking, the City Planner shall find that requiring additional on site parking would be detrimental to the public health or public safety, and that granting the waiver meets the purpeses of the Chapter.
17.62.070 -Definitions.
Terms unique te this chapter are defined in Chapter 17.8017.300 (Glessary of Terms), and the definitions of Accessory Dwelling Unit and Junier Accessory Dwelling Unit are found in Section 17.92 (Allowed Use Definitions).
Chapter 17.114 MULTIFAMILY STANDARDS
17.114.010 Applicability.
This chapter applies to all residential buildinas with two or more dwelling units, including buildinas that have a mixture of residential and non-residential uses and to all residential structures intended to be occupied by more than one household (including multiple single person households). Single family dwellings are exempt from this chapter.
17.114.020 Purpose
The multifamily standards have been developed to establish, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.
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17.114.030 Standards
Multifamily residential developments must be consistent with each of the standards below:
1 Neighborhood compatibility.
a. Residential projects located across the street from single family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. Parking lot areas and carports shall not be located along single-family neighborhood street frontages. This requirement does not apply to residential projects located across a State route. parkway, arterial, or collector road as identified in the lone General Plan. b. Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include either 1) individual ground-level front doors and, if two or more stories. interior stairs or 2) a single exterior entrance with an interior common hallways).
C. A noise assessment shall be conducted by a qualified acoustical engineer. If the project will be exposed to noise levels that exceed the General Plan noise standards identified in Tables 6-1 and 6-2, excluding the subjective language in the footnotes for each table, which require multifamily residential uses to be exposed to no more than: 1) 60 dBA from 7 a.m. to 10 p.m. and 45 dBA from 10 p.m. to 7 a.m. from non-transportation noise sources, and 2) 60 dBA, the project shall include measures to reduce noise levels at outdoor activity areas to 60 dBA or less and interior spaces to 45 dBA or less to meet the City's noise standards. If sound walls are necessary to meet the noise standards, the sound walls shall include an earth berm and landscaping. Walls between buildings shall be extended to create pockets of landscaping or open space in order to avoid long continuous walls for the entire length of a project site.
2. Building design.
a. Buildings shall use a commen color palette, with one primary celer and twe accent colors per building. Where a change in color is used to differentiate individual units, such as in a townhome development, one primary color and two accent colors is allowed per unit.
a. Structures shall have a color palette that consists of at least two (2) body colors and two (2) accent colors (not including roof color). Projects with two (2) or more residential structures shall include a minimum of two (2) color palettes and shall not use a single palette on more than 70 percent of the residential structures.
Stone materials shall not be painted.
b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
C. Blank walls (facades without doors, windows, articulation of at least one foot. landscaping treatments) shall be less than 20 feet in length along sidewalks. pedestrian walks, or publicly accessible outdoor space areas. 150
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d. Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building facade with frontage upon a street, adlacent to a public park, or adjacent to public open space. e. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
£. At least two materials shali be used on any building frontage, in addition to glazing and railinas. Any one material must comprise at least 20% of the building frontage. g. A minimum of 5/8 inch thickness is required for panel siding. Battens are required to be incorporated into the desian for a board and batt appearance.
3. Massing/articulation.
a. Primary building entries shall incorporate a projection (e.g., porch) or recess, or combination of projection and recess at least 48 square feet in area. b. A minimum of two of the following design features: balconies, cantilevers. dormers, bay windows, patios, or accent materials that are part of the structure shall be incorporated into each facade of each project building.
S. A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
d. Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.
e. Buildings shall have minor massing breaks at least every 50 feet along the street trontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
f. Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varving roof height and/or form.
4. Outdoor/common space.
a. Each multifamily unit shall have a minimum of 100 square feet of private outdoor space directly adjacent to the unit. For the purposes of this standard, private outdoor space is defined as outdoor space that is usable and accessible only to the building residents and their visitors, but not to the general public. 151
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b. Common useable open space at a minimum of 180 square feet of common usable open space per unit is required for all multifamily projects with more than four units.
C. A minimum of 30% of the common usable open space shall be provided as a landscaped green area or darden. a minimum of 50% shall be provided as recreation area, and the remaining 20% may be landscaped open space. recreation area, or hardscape.
d. Outdoor seating shall be provided a within common usable open space areas and near the entry to laundry facilities.
e. Multifamily developments (except Senior restricted multifamily developments) exceeding 22. bedroom units and with less than 100 units shall have two outdoor areas, one for adults and one for a child play area that includes recreation equipment for children five years and under. For the purpose of this standard. adult open space is not required to include recreational equipment, but does include tables with seating.
f. Multifamily developments (except Senior restricted multifamily developments) exceeding 100 units shall have three open space areas, one for adults, one for children that includes a sports play area and recreational equipment for children 6 to 13, and one for younger children that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space is not required to include recreational equipment, but does include tables with seating.
g. Each play area for children must be visible from as many units as possible and at least eight units and shall be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided. h-d, Recreation areas shall be at least 50% shaded. Shading can include shade fixtures or shade trees that will grow to a height of at least 20 feet within five years of planting.
i. Developments with more than 20 units shall provide at last one public art amenity. such as a sculpture, fountain, or kiosk, that is visible from the adjacent public right- of-way and is adjacent a sidewalk or pedestrian pathway.
5. Site design.
a. When dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area. b. Garages and carports shall utilize the same color palette and shall be designed to include a minimum of two of the following from the main building(s): materials. detailing, roof materials, and colors.
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c. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.
e. Where bicycle parking is not visible from the street. directional sianage shall be included at the main building entrance.
t. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished throuah building placement. landscaping, a planted earth berm, planted fencina, topography. or some combination of the above. Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall.
6. Accessory elements.
a. Perimeter fencina utilized along public street shall be constructed of decorative iron, pre-painted welded steel, Trex (or similar product), or wood picket material. b. The height of solid fencing between private yards and common open spaces. when such private yards and common open spaces are located in the interior of a single parcel, shall be limited to either 1) four-and-a-half (4.5) feet in height, or 2) up to six (6) feet in height provided that the top 18 inches provide at least 50% open area.
C. Roof top equipment shall be screened from visibility. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet. If the roof structure does not provide this screening, include an equipment screen shall be included in the design.
d. Exterior trash, recycling, and storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be screened.
7. Refuse containers.
a. Four units or less may be served by individual garbage containers. When individual garbage cans are used, they must either fit in the garage (without encroaching into required parking area or into a special screening enclosure. b. When there are five units or more, provide-dumpsters for garbage collection shall be provided within a special-screening enclosure.
c. When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. A rule of thumb is to allow for between 30 and 90 gallons per unit per week, depending on size of the unit.
d. All dumpsters shall be shielded within an enclosure a minimum of six feet tall.
Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be desianed detailed to withstand 153
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heavy use. Provide wheel stops or curbs to prevent dumpsters from bangina into walls of enclosure.
e. Allowances shall be provided within the enclosure for stacking recycling crates (in small projects) and recycling dumpsters (in large projects) t. An entry shall be provided so that pedestrians can access the dumpsters without opening the large gates.
9. Lighting shall be provided at trash enclosures for niaht time security and ease of use.
h. Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties): or more than 100 feet from an enclosure a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.
8. Natural resources.
a. A biological resources assessment, including special-status species survey, shail be conducted by a qualified biologist and shall identify special-status species with potential to occur in the vicinity (within ¼-mile of the project site) and on the project site, sensitive habitats located on or adjacent to the project site, including wetlands, riparian areas, oak woodlands, wildlife habitat, and habitat of significant value present on the project site.
D. The project shall avoid habitat for special-status species, wetlands, riparian areas. oak woodlands, and habitat of significant value (collectively referred to as "sensitive habitats") present on the project site and shall provide a minimum of a 100-foot buffer from sensitive habitats, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified biologist. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space. If avoidance of sensitive habitats would result in a density that is less than the allowed maximum density identified for the zone in Table 17.22.040-1 or Table 17.24.040-1. then the project may protect comparable sensitive habitats at a two-to-one ratio within one-and-a-half (1.5 miles) of the site or purchase credits for comparable sensitive habitats at a mitigation bank at a two-to-one ratio within one-and-a-half (1.5 miles) of the site.
C. If special-habitat species occur on the site or have the potential to occur on the site, as determined by a qualified biologist, the qualified biologist shall identify adequate measures consistent with mitigation recommended by resource agencies (i.e.. U.S. Fish and Wildlife Service, California Department of Fish and Wildlife) to avoid impacts to special-status species during any ground-disturbing and construction activities and the project shall implement such measures.
9. Cultural resources.
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a. A cultural sources assessment, including site survey, shall be conducted by a qualified archaeologist and shall identify the potential for cultural resources on the project site.
b. If significant cultural resources, or the potential for significant cultural resources. are identified, the project shall avoid such cultural resources and shall provide a minimum of a 100-foot buffer from significant cultural resources, unless a reduced buffer that. is not less than 25 feet is determined to be adequate to protect such resources by the qualified archaeologist or measures, such as capping the resource or relocation of the resources to permanent open space, are identified as adequate to preserve the significance of significant cultural resources.. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space.
11. Water Infrastructure and Capacity. Projects shall provide a letter from the water provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.
12. Sewer Infrastructure and Capacity. Projects shall provide a letter from the sewer provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.
13. Street Standards. The proiect shall improve public streets consistent with the requirements of Chapter 12.08, Street Construction Standards.
14. Additional obiective standards. Proiects subiect to this chapter must comply with all other applicable objective standards within the General Plan. any applicable specific plans, the Municipal Code, including but not limited to, Title 12 (Streets, Sidewalks and Public Places). Title 13 (Public Services), Title 15 (Buildings and Construction), and this Title 17 (Zoning Code), and all other regulations, as may be amended from time to time, unless otherwise superseded by State law.
15. Downtown Master Plan.
a. Projects subject to the Downtown Master Plan shall comply with the requirements of the Downtown Master Plan where the Downtown Master Plan establishes objective standards that conflict with the requirements of this chapter. b. If the Downtown Master Plan establishes subjective standards for a specific topic. then the standards provided in this chapter for such topic shall apply. c. If the Downtown Master Plan does not establish standards for topics addressed in this chapter, then the standards provided in this chapter related to such topics shall apply.
D. Exceptions to the standards identified in paraaraph C shall require a Discretionary Site Plan Review.
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Chapter 17.116 - Provisions for Specified Housing Types
17.116.010 Manufactured housing
Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seg.) shall be permitted on a permanent foundation in all zones that allow a single family home, subject to the following developrent standards:
A. The manufactured home meets all other development standards of this Title that apply to a single tamily dwelling in the same zone, including any siting standards, setback and yard requirements, standards for enclosures, access, and vehicle parking, and aesthetic requirements;
B. Is covered with a non-compustible exterior material customarily used on new site-built single family dwellings in the city. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material used need not extend below the top of the foundation:
C. Have a roof with a pitch of not less than three-inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for site-built single family dwellings in the city.
D. All roofs shall include roof overhangs of not less than one foot measured from the vertical side of the manufactured home, except where the location of attached structures, such as carports, garages, porches or similar structures precludes the continuation of the overhang E. No manufactured housing unit constructed more than ten ears prior to the date of application for installation shall be allowed within any residential district.
17.116.020 Employee Housing (Six or fewer employees)
Employee housina providing accommodations for six or fewer emplovees shall be deemed a dwelling and shall be subject to the permit requirements and development standards and regulations for a family dwelling of the same type in the same zone, as provided by California Health and Safety Code Section 17021.5.
17.116.030 Agricultural Employee Housing
A. Agricultural employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is deemed an agricultural land use, pursuant to California Health and Safety Code Section 17021.6, as amended.
B. No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of agricultural employee housing, as described in Subsection A. that is not required of any other agricultural activity in the same zone. 156
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C. The permitted occupancy of agricultural emplovee housing in any zone allowina agricultural uses includes agricultural employees who do not work on the property where the employee housing is located.
D. Agricultural emplovee housing that meets the requirements of California Health and Safety Code Section 17021.8 shall be processed with a streamlined ministerial permit, consistent with the requirements of State law.
17.116.040 - Emergency Shelters
A. Emeraency shelters are subiect to the standards that apply to residential or commercial development in the same code and are also subject to the following requirements:
1. Capacity. The facility shall not exceed a maximum of 40 persons served nightly.
2. Parking. Parking shall be provided to accommodate all staff working in the emergency shelter, provided that the parking requirement does not exceed the parking requirement for other residential or commercial uses within the same zone.
3. Size and Location of Exterior and Interior Onsite Waiting Areas. The facility shall provide exterior client waiting areas at a ratio of not less than fifteen (15) square feet per client and shall provide interior client waiting areas at a ratio of not less than fifteen (15) square feet per client. The exterior waiting area shall not be located adjacent to the public right-of-way, shall be located behind a minimum six-foot-tall mature landscaping or a minimum six-foot-tall decorative masonry wall that separates the waiting area from public view, and shall be located in an area with provisions for shade protection and rain protection.
4. Size of Intake Areas. The facility shall provide an intake area of a minimum of 200 square feet.
5. Onsite management and security. The facility shall provide on-site management 24 hours and shall provide on-site security for all hours that the emergency shelter is in operation, including all times that staff is present. A management plan shall be submitted detailing how the shelter will provide onsite management and security.
6. Proximity. The emergency shelter shall be at least 300 feet from any other emergency shelter.
7. Length of stay. The maximum length of stay at the facility shall not exceed one hundred twenty days in a three-hundred-sixty-five-day period.
8. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/downlit away from adjacent properties and public rights-of-way.
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17.116.050 - Supportive Housing
A. Supportive housing shall be permitted consistent with the requirements of Government Code Section 65650 through 65656, as amended.
Supportive housing shall be permitted by right in zones where multifamily and mixed uses are permitted. if the supportive housing project satisfies all of the requirements of Government Code Section 65651 paragraphs (a) and (b), as amended.
If the supportive housing development that is permitted by right in zones allowing multifamily and mixed uses is located within one-half mile of a public transit stop. there is no minimum parking requirement for the units occupied by supportive housing residents.
17.116.060 - Low Barrier Navigation Centers
A. Low barrier navigation centers shall be permitted consistent with the requirements of California Government Code Section 65660 through 65668, as amended.
B. A low barrier navigation center shall be permitted by riaht in areas zoned for mixed use and nonresidential zones that permit multifamily uses, subject to the requirements of State law. A low barrier navigation center shall meet the requirements of Government Code Section 65662. as amended, which include:
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. It is linked to a coordinated entry system, which means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(al(8). as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics. client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
C. Within 30 davs of receipt of an application for a Low Barrier Navigation Center development. the local jurisdiction shall notify a developer whether the developer's application is complete pursuant to California Government Code Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
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D. This section shall remain in effect only until January 1, 2027, or specified later date if amended by Government Code Section 65560 through 65568, and as of that date shall be repealed.
Chapter 17.118 Duplex Units in Single Family Zones
17.118.010 Purpose
This chapter establishes standards to accommodate duplex units in single family zones consistent with the requirements of State law.
17.118.020 Streamlined Ministerial Permit
A proposed housing development containing no more than two residential dwellinas within a single family residential zone (the R-1a, R-1b, and R-1c zones) shall be considered ministerially through the streamlined ministerial permit process if the proposed housing development meets all of the following requirements:
A. The parcel satisfies the requirements of requirements specified in paragraph (6) of subdivision (a) of California Government Code Section 65913.4.
B. The proposed housing development would not require demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3. Housing that has been occupied by a tenant in the last three vears.
C. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with California Government Code Section 7060) of Division 7 of California Government Code Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
D. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development unless the site has not been occupied by a tenant in the last three years.
E. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
17.118.020 Development Standards
A. Notwithstanding any local law and except as provided in paragraphs (1) and (2), the project shall comply with all applicable objective zoning standards and requirements, including but not limited to Chapter 17.114 if the project proposes two multifamily units. 159
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1. Zoning and subdivision standards would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area shall not be applied, except that a setback of four feet from the side and rear lot lines shall be required.
2. No setback shali be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
B. Parking. Parking shall be provided at one space per unit, except that parking requirements shall not be imposed in either of the following instances:
1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a maior transit stop, as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel.
C. Rental Term. A rental of any unit created pursuant to this chapter shall be for a term longer than 30 consecutive days.
D. Accessory Dwelling Unit. Notwithstanding Government Code Section 65852.2 or 65852.22, an accessory dwelling unit or a junior accessory dwelling unit shall not be permitted on parcels that use both the authority contained within Government Code Section 65852.21 and the authority contained in Section 66411.7.
17.118.020 Denial
A. A housing development proiect proposed under this chapter may be denied only if the building official makes a written finding, based upon a preponderance of the evidence. that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. An application submitted under this chapter shall not be rejected or denied solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
Chapter 17.46-110 - STATE DENSITY BONUS AND OTHER INCENTIVES
17.12046.010 Purpose.
The purpose of this chapter is to provide incentives for the production of housing fer very low, low, and mederate income, special needs, and senier househeldsimplement in accordance with Government Code Sections 65915 through 65918. in enacting this chapter, it is the intent of the city council to facilitate the development of affordable housing affordable to very low. low, and moderate income households and senior citizens and to implement the goals and policies of the city's general plan housing element.
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(Ord. No. 423, § 2, 4-21-2009)
17.120.020 - Density Bonus and Incentives.
A. Density bonuses and incentives shail be offered by the City pursuant to the provisions of Government Code Chapter 4.3.
B. Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.
E. These density bonus and incentives provisions shall be understood to be amended by operation of law in the event and to the extent the State Density Bonus and Other Incentives Law is amended.
17.46.020 Definitions:
Terms unique to this chapter are listed in Chapter 17.8017.300 (Glessary of terms). (Ord. No. 423, § 2, 4-21 2009)
17.46.030 Eligibility for incentives and concessions and density benuses.
The city shall grant one density benus, with concessions or incentives, as specified in Section
17.46.050 (Number and types of incentives and concessiens and bonuses allowed), er provide other incentives or concessions of equivalent financial value based upen the land cost per dwelling unit, when the applicant for the housing development seeks and agrees te construct a housing development, excluding any units permitted by the density benus awarded pursuant to this chapter; that will contain at leact one of the following:
A. Ten percent of the total units of a housing develepment for lower income households; B. Five percent ef the total units of a heusing development fer very low income househelds; E. Housing fer special needs populations;
DeS A senier citizen heusing develepment; ef
E. Ten percent of the total dwelling units in a cemmon interest develepment as defined in Section 1351 of the California Civil Code fer persens and families of moderate income, provided that all units in the development are offered to the public for purchase. (Ord. No. 123, § 2, 4 21 2009)
17.46.040 General provisions for incentives and concessions and density benuses.
The following general provisions apply to the application and determination of all incentives and bonuses:
A. All density calculations resulting in fractional units shall be rounded up to the next whole number:
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B. The granting of a density benus shall not be interpreted, in and of itself, to require a general plan amendment, rezone, or ether discretionary approval.
E. The density bonus shall not be included when determining the number of housing units that is equal to five or ten percent of the total.
Upon request by the applicant, the city shall net require that a housing development meeting the requirements of Section 17.46.030 (Eligibility for incentives and concessiens and density bonuses) previde a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:
7. Zero (studio) te one bedrooms: One on site parking space per unit
2. Two to three bedreoms: Two on site parking spaces per untt
3. Four or more bedrooms: Two and one half parking spaces per unit E. If the total number of parking spaces required for a housing develepment is ether than a whele number, the number shall be rounded up te the next whele number. For purposes ef this subsection, a development may provide "on site parking" through tandem parking er uncovered parking, but not through on street parking.
F. The city shall not apply any development standard that would have the effect of precluding the construction of a heusing develepment meeting the requirements of Section 17.16.030 (Eligibility for incentives and cencessions bonuses) at the densities or with the incentives of cencessions permitted by this chapter. An applicant may submit to the city a prepesal fer the waiver er reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Sectien €5589.5 ef the California Government Cede, upen health and safety er the physical envirenment and for which the city determines there is ne feasible method to satisfacterily mitigate or avoid the specific adverse impact. Nething in this subsection shall require the city te waive er reduce development standards if this would have an adverse impact on any real property that is listed in the California Register of Histerical Resources. Furthermore, the applicant shall be required to prove that the waiver er medification is necessary te make the target units economically feasible:
(Ord. No. 123, § 2, 4 21 2009)
17.46.050 Number and types of incentives and concessions and density bonuses allewed.
A. General project density benus. A housing development that satisfies all applicable previsiens of this chapter shall be entitled to the fellowing density bonus:
1. For developments providing lower income target units, a 20 percent base density bonus increase above the otherwise maximum allowable residential density plus a one and one. half percent supplemental increase over that base fer every one percent increase in low income target units above ten percent. The maximum density benus allowed including supplemental increases is 35 percent
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2. Fer developments providing very low income target units, a 20 percent base density benus increase above the otherwise maximum allowable residential density plus a two and one- half percent supplemental increase over that base for every one percent increase in very low income target units above five percent. The maximum density benus allowed including supplemental increases is 35 percent.
3. for senior citizen housing developments, a flat 20 percent density benus.
4. For common interest developments providing moderate income target units, a five percent base density bonus increase above the otherwise maximum allewable residential density plus a one percent increase in moderate income unite abeve ten percent. The maximum density bonus allowed including supplemental increases is 35 percent B. Number of incentives or concessions. In addition to the eligible density bonus percentage beated of. described in this section, an applicant may request one er more incentives er concessions in cennection with its application for a density benus as follows:
7. One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low inceme households, or at least ten percent for persens and families of mederate inceme in a common interest development
2. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least ten percent for very low income heuseholds, or at least 20 percent for persons and families of moderate income in a common interest development
3. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent fer very low income households, or at least 30 percent for persens and families of moderate income in a common interest development.
€. Available incentives and concessions. The fellowing incentives and concessions are available fer cempliance with this chapter:
1. A reduction in the site development standards er a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards appreved by the Califernia Building Standards Commission as provided in Part
2.5 Section 18907 of Divisien 13 of Health and Safety Cede, including but not limited to a reduction in setback and square footage requirements and in ratie of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cest reductions.
2. Approval of mixed-use development in conjunction with the housing development if the non residential land uses will reduce the cost of the housing development and the non- residential land uses are compatible with the housing develepment and surreunding existing develepment in the area in which the heusing development will be located.
3. Other regulatory incentives or concessions proposed by the applicant or that the city determines that will result in identifiable, financially sufficient, and actual cost reductiens. 163
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4. Priority processing of a housing development that provides income restricted units:
Additional density bonus and incentives and concessiens for denation of land to the city. The following incentives and concessions are available for compliance with this chapter:
1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city and agrees to include a minimum of ten percent of the total units before the density benus for very low income households, above the otherwise maximum allowable residential density, the applicant shall be entitled to a 15 percent base density benus plus a one percent supplemental increase fer each additienal percentage of very low income units te a maximum density benus of 35 percent.
2. The density bonus provided in this subsection shall be in additien te any other density bonus provided by this chapter up to a maximum combined density benus of 35 percent.
3. The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
2. The applicant donates and transfers the land ne later than the date of approval of the final subdivision map, parcel map, or residential development application;
2. The developable acreage and zening designation of the land being transferred are sufficient te permit construction of units affordable te very low income households in an amount not less than ten percent of the number of residential units of the propesed development;
€. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 unite, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for develepment at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of Gevernment Code, and is er will be sened by adequate public facilities and infrastructure. d. The transferred land shall have all of the permits and approvals, other than building permits, necescary for the development of the very low income heusing units on the transferred Hand, not later than the date of approval of the final subdivision map, parce! map, or recidential development application, except that the local government may subject the prepesed develepment to subsequent design review to the axtent authorized by subdivision (i) of Section 65593.2 of Government Code if the design is net reviewed by the lecal gevernment prier to the time of transfer; e. The transferred land and the affordable units shall be subject to a deed restriction ensuring centinued afferdability of the units consistent with the requirements of this chapter;
f. The land is transferred to the lecal agency or te a heusing develeper approved by the city;
g. The transferred land shall be within the beundary of the proposed develepment or, if the city agrees, within one fourth mile of the boundary of the propesed development; and
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h. A propesed source of funding for the very low income units shall be identified not tater than the date of approval of the final subdivision map, parcel map, or residential development application
4. Nothing in this subsection shall be construed to enlarge or diminish the autherity of the city te require a developer te donate land as a conditien ef development.
E. Additional density bonus and incentives and concessions for development of child care facility. the following density bonus incentives and concessions are available fer compliance with this chapter:
1 Housing devalepments meeting the requirements of Section 17.16,030 (Eligibility for incentives and concessions and bonuses) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square footage in the child care facility:
b. An additienal incentive er cencescien that contributes significantly to the economic feasibility of the construction of the child care facility.
2. The density bonuc housing agreement for a housing development that includes a child care facility shall ensure that:
a. The child care facility shall remain in operation for a peried of time that is as long as er longer than the peried of time during which the target units are required to remain afferdable, pursuant te Subdivision (c) of Sectien 65915 of the Government Code; and b. Of the children whe attend the childcare facility, the children of very low inceme heuseholds, lewer inceme househelds, or persons or families of moderate income sha!! equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 17.46.030 (Eligibility for incentives and cencessiens and bonuses).
3. The city shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.
F. Condominium conversion incentives for low income housing development. The following incentives and concessions are available for compliance with this chapter:
1. An applicant fer appreval te convert apartments to a condominium project may submit to the city a preliminary propesal pursuant to this section prior to the submittal of any formal requests for subdivisien map approvals. The city chal!, within 90 days of receipt of a written prepesal, netify the applicant in writing of the manner in which it will comply with this sectien. The city shall establish precedures for carrying out this sectien, which shall include legislative bedy appreval of the means of compliance with this section:
2. When an applicant for approval to convert apartments to a condeminium project agrees to the following, the city shall grant either a density bonus of 25 percent over the number of 165
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apartments (to be provided within the existing structure er structures proposed for conversion) or provide other incentives of equivalent financial value.
2. Provide at least 33 percent of the total units of the proposed condeminium project to persens and families of low or moderate income, or previde at least 15 percent of the total units of the propesed condominium project te lower income households; and b. Agree to pay for the reasonably necessary administrative costs incurred by the city.
3. For purpeses of this subsection, "ether incentives of equivalent financial value" shall net be construed to require the city to provide cach transter payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.
Nothing in this subsection shall be construed to require the city te appreve a propesal te convert apartments to condominiums.
5. An applicant shall be ineligible for a density benus or other incentives under this subsection i the apartments proposed for conversion constitute a heusing development for which a density bonus or ether incentive was previously provided. (Ord. No. 123, § 2, 1 21 2009)
17.46.060 Location of density bonus units.
As required by state law, the location of density bonus units within the housing development may be at the discretien of the develeper. However, the density benus units shall be dispersed threughout the housing development and when feasible shall contain, on average, the same number of bedreoms as the nen density benus units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. (Ord. No. 123, 8 2, 4 21 2009)
17.46.070 Continued availability.
A. If a housing development providing low or very low income target units (e.g., that the housing development is mandated to provide "affordable rent") receives only a density bonus, the target unite must remain restricted to lower er very low inceme households for a minimum of 30 years from the date of issuance of the certificate of occupancy by the building official B. If a housing development providing low or very low income target units receives beth a density bonus and an additional incentive, the target units must remain restricted to lower or very low income heusehelds for a minimum of 50 years from the date of issuance of the certificate of eccupancy by the building official.
E. In the case of a housing development providing mederate inceme target units, the initial eccupant of the target unit must be a persen or family of mederate income. Upen resale, the seller of the target units shall retain the value ef any improvements, the down payment, and the seller's propertionate share of appreciation, the city chall recapture any initial subsidy and its 166
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proportionate share of appreciation which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The city's "proportionate share" shall be equal to the percentage by which the initial sale price to the moderate income household was less than the fair market value of the home at the time of the initial sale. The local city's initial subsidy chall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income heusehold, plus the amount ef any down payment assistance er mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (Ord. No. 123, § 2, 1 21-2009)
17.12046.080 Process for approval or denial.
A. Process for approval. The density bonus and incentives) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project.
The designated appreving authoritydecision-making authority for density bonuses, incentives, and concessions, shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by B. Approval of density bonus required. The city shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this chapter and state law.
C. Approval of incentives or concessions required unless denial findings made. The city shall grant the incentives) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:
1. The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.
2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
The concession or incentive would be contrary to state or federal law. (Ord. No. 423, § 2, 4-21-2009)
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Chapter 17.122 Day Care Homes
Section 17.122.010 Family Day Care Homes
A. A family day care home that meets either the small family day care home definition as defined by California Health and Safety Code Section 1596.78(a) or the large family day care home definition as defined by California Health and Safety Code Section 1596.78(b) is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the family day care home.
A family day care home includes a detached single family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses.
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Article V - Standards for Non-Residential Uses
Chapter 17.6417.210 WIRELESS COMMUNICATION FACILITIES
17.6417.210.010 Purpose and applicability.
Wireless communication facilities shall be subject to the following regulations in this chapter to the tent that such requirements (1) do not unreasonably discriminate among providers of functiona quivalent services, or (2) do not have the effect of prohibiting personal wireless services, as define by Telecommunications Act of 1996. This chapter establishes standards for placement of telecommunications facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. This chapter also promotes and protects the public safety and public welfare of residents as well as containing regulations to minimize (Ord. No. 423, § 2, 4-21-2009)
17.6417.210.020 Definitions.
Terms unique to this chapter are provided in Chapter 17.8017.300 (Glossary of terms). (Ord. No. 423, § 2, 4-21-2009)
17,6417.210.030 Permit requirements.
A conditional use permit is required for the following wireless communication facilities:
A. Any new telecommunication tower that is not part of a co-location.
B. Any co-location that increases overall height of an existing tower in order to add antennas.
C. Any building-mounted or roof-mounted antennas that are not screened from public view. (Ord. No. 423, § 2, 4-21-2009)
17.6417.210.040 Application requirements.
An application for the approval of a wireless communication facility shall include the following information, in addition to all other information required by the city for a conditional use permit application as established in Section 17.10.080 (Conditional use permit):
A. Visual simulations showing what the proposed facility will look like from the surrounding area as viewed from residential properties and public rights-of-way at varying distances, to assist the approving autheritydecision-making authority and the public in assessing the visual impacts of the proposed facility and its compliance with the provisions of this chapter.
B. A map or description of the service area of the proposed wireless communication facility and an explanation of the need for the facility.
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C. A map showing the locations and service areas of other wireless communication facility sites operated by the applicant and those that are proposed by the applicant that are close 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, § 2, 4-21-2009)
17.6417.210.050 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.
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 170
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therefore exempt from permit provisions of this chapter in compliance with the following standards:
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)
17.6417.210.060 Development standards.
A. General development standards. Unless otherwise exempt pursuant to Section 17.6417.210.050 (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 17.6417.210.050 (Exemptions), the following development standards 171
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shall apply to receive-only antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this section:
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.
3. 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 eng architectural 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).
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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.
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 designated approving autheritydecision-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 material(s) 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.
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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.
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, § 2, 4-21-2009)
17.6417.210.070 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)
17.6417.210.080 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 17.6617.220 TEMPORARY USES
17.6617.220.010 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 174
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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)
17.6617.220.020 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 designated approving autheritydecision-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 designated appreving authoritydecision- 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)
17.6617.220.030 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 17.6617.220.020 (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 175
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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 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.
5. 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) 176
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17.6617.220.040 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 usess) in Article 31lL, and, if approved, shall establish the term and make necessary findings and conditions for the particular proposed temporary use, consistent with the provisions for Interpretation in Chapter 17.12 (Interpretation).
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.230 Medical Marijuana
17.29230.010 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:
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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; 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, 178
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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 (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 179
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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 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act)
"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 179
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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 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.
If the person(s) cultivating marijuana on any legal parcel is/are not the legal owner(s) 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 180
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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.
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.
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. ii. 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.
v. 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.
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1. 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 authorized to determine the number and timing of inspections that may be 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, § 2, 12-5-2017)
Footnotes:
--- 3) ---
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 17.8017.300 GLOSSARY OF TERMS
17.8017.300.010 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.
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(Ord. No. 430, 8 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.8017.300.020 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 main buildingprimary 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 units;
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. 183
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5. Play equipment. Any structure used for recreational purposes including play structures, jungle gyms, and swings, as defined in the California Building Code.
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:
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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 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
77.8017.300.020-1 (A-frame sign).
Figure 17.8017.300.020-1: A-frame Sign
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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.
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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 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 know 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 17.8017.300.020-2 (Bracket Sign) and Figure 17.8017.300.020-3 (Blade Sign).
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Figure 17.8017.300.020-2: Bracket Sign
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Figure 17.8017.300.020-3: Blade Sign
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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 17.8017.300.020-4 (Building frontage and primary building frontage)). For multi-tenant 187
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buildings, ground floor tenants may have their primary frontage determined independently of the rest of the building based upon the aforementioned rules.
Figure 17.8017.300.020-4: Building Frontage and Primary Building Frontage BF BF
BF BF
BF *BF BF
PBF PSF PBF
Street
BF BF
BF BF BF BF
BF BF
PBF PBF
Street BF = 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 17.8017.300.020-5 (Can sign). 188
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Figure 17.8017.300.020-5: 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 17.8017.300.020-6 (Changeable copy sign).
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Figure 17.8017.300.020-6: Changeable Copy Sign
NOW PLAYING
ATTACK OF THE
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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 17.8017.300.020-7 (Channel letter sign).
Figure 17.8017.300.020-7: Channel Letter Sign
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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 190
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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 publically 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 17.8017.300.020-8: 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.
2. 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. 191
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Figure 17.8017.300.020-8: Clear Visibility Triangle
Clearance Required
Within Controlled Area Sign
Fence
Keep Clear Above
Shrub
30° Maximum Meight
- Nearest roadway
saface
Sign
Tree
- Contralled Area
- Controlled Area
rivate Drivewa
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. 192
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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 17.46-120 (Density bonus and other incentives) are satisfied.
Density Bonus Units. Those residential units granted pursuant to the provisions of Chapter 17.46-120 (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 17.8017.300.020-9 (Electronic message sign). 193