CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE H - PENSION PLAN (Continued)
rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees.
For the year ended June 30, 2019, the contributions recognized as part of pension expense for each risk pool were as follows:
Miscellaneous Safety
Risk Pool Risk Pool Total
Contributions - employer $ 103,199 $ 202,055 $ 305,254
B. Pension Liabilities, Pension Expenses and Deferred Outflows/Inflows of Resources As of June 30, 2019, the City reported a net pension liability for its proportionate share of the net pension liability of each risk pool as follows:
Proportionate
Share of Net
Pension Liability
Miscellaneous Risk Pool $ 1,153,455
Safety Risk Pool 1,576,083
Total Net Pension Liability $ 2,729,538
Financial Statement Classification:
Governmental Activities $ 2,494,703
Business-type Activities 234,835
Total Net Pension Liability $ 2,729,538
The City's net pension liability for each risk pool is measured as the proportionate share of the net pension liability. The net pension liability of each risk pool is measured as of June 30, 2018, and the total pension liability for each risk pool used to calculate the net pension liability was determined by an actuarial valuation as of June 30, 2017 rolled forward to June 30, 2018 using standard update procedures.
The City's proportion of the net pension liability was based on a projection of the City's long-term share of contributions to the risk pool relative to the projected contributions of all participating employers, actuarially determined. The City's proportionate share of the net pension liability for each risk pool as of June 30, 2019 and 2018 from the measurement date as of the previous year-end were as follows:
Miscellaneous Safety
Risk Pool Risk Pool Total
Proportion - June 30, 2017 0.029780% 0.027900% 0.028650% Proportion - June 30, 2018 0.030610% 0.026864% 0.028330% Change - Increase (Decrease) 0.000830% -0.001036% -0.000320% 40 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE H-PENSION PLAN (Continued)
For the year ended June 30, 2019, the City recognized pension expense of $1,019,189 for both risk pools combined. At June 30, 2019, the City reported deferred outflows of resources and deferred inflows of resources related to each risk pool and combined from the following sources:
Total
Deferre Deferred
Outflows Inflows
of Resources of Resources
Pension contributions subsequent to measurement date 305,254 $ Differences between actual and expected experience 78,121 (15,189) 286,138 (53,091)
Differences between the employer's contributions
and the employer's proportionate share of contributions 168,448 (6,172) 23,788 (146,679)
Net differences between projected and actual earnings
on plan investments 16,373
Total $ 878,122 $ (221,131)
Financial Statement Classification:
Governmental Activities $ 831,082 $ (199,664)
Business-type Activities 47,040 (21,467)
Total 878,122 $ (221,131)
The amount reported as deferred outflows of resources related to contributions subsequent to the measurement date above will be recognized as a reduction of the net pension liability in the next fiscal year. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to the risk pools will be recognized as pension expense as follows:
Year Ended
June 30 Total
2020 $ 299,649
2021 164,720
2022 (91,339)
2023 (21,293)
$ 351,737
41 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE H - PENSION PLAN (Continued)
Actuarial Assumptions: The total pension liabilities in the June 30, 2018 actuarial valuations for each risk pool was determined using the following actuarial assumptions:
Valuation Date June 30, 2017
Measurement Date June 30, 2018
Actuarial Cost Method Entry-Age Normal Cost Method
Amortization Method Level Percent of Payroll
Asset Valuation Method Market Value
Actuarial Assumptions:
Discount Rate 7.15%
Inflation 2.50%
Payroll Growth 3.00%
Projected Salary Increase 3.2% to 12.2% Miscellaneous and 3.4% to 20% Safety (1) Investment Rate of Return 7.15%
Mortality Derived using CalPERS membership data for all funds (2) (1) Varying by service, including inflation
(2) The mortality table used was developed based on CalPERS' specific data. The table includes 15 years of mortality improvements using Society of Actuaries Scale 90% of Scale MP 2016.
For more details on this table, please refer to the December 2017 experience study report.
All other actuarial assumptions used in the June 30, 2017 valuation were based on the results of an notarial entrice study es the Experience Study Report 5, be luding op al tes larsine ease 'orms and Publications
Change CASES Experime dead aph icers or Actuati Assumptions in lange tro ace were no changes in the discount rate.
Discount Rate: The discount rate used to measure the total pension liability was 7.15% in the June 30, 2018 accounting valuation. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan's fiduciary net position was projected to be able to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return of plan investments was applied to all periods of projected payments to determine the total pension liability.
The long-term expected rate of return on pension plan investments was determined using a building- block method in which best-estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. 42 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE H - PENSION PLAN (Continued)
In determining the long-term expected rate of return, staff took into account both short-term and long- term market return expectations as well as the expected pension fund cash flows. Such cash flows were developed assuming that both members and employers will make their required contributions on time and as scheduled in all future years. Using historical returns of all the funds' asset classes, expected compound (geometric) returns were calculated over the short-term (first 10 years) and the long-term (11- O years) using a building-block approach. Using the expected nominal returns for both short-term an ong-term, the present value of benefits was calculated. The expected rate of return was set b calculating the single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equivalent to the single equivalent rate calculated above adjusted to account for administrative expenses.
The table below reflects the long-term expected real rate of return by asset class for each rate plans as of the measurement date. The rate of return was calculated using the capital market assumptions applied to determine the discount rate and asset allocation. These rates of return are net of administrative expenses.
New Strategic Real Return Real Return
Asset Class Allocation Years 1 - 10(a) Years 11(b)
Global equity 50.0% 4.80% 5.98%
Global fixed income 28.0% 1.00% 2.62%
Inflation sensitive 0.0% 0.77% 1.81%
Private equity 8.0% 6.30% 7.23%
Real estate 13.0% 3.75% 4.93%
Liquidity 1.0% 0.00% -0.92%
Total 100.0%
(a) An expected inflation of 2.5% used for this period. (b) An expected inflation of 3.0% used for this period.
Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount Rate: The Miscellaneous Safety
Risk Pool Risk Pool Total
-
1% Decrease 6.15%
Net Pension Liability $ 1,637,165 $ 2,285,372 $ 3,922,537 Current Discount Rate 7.15%
Net Pension Liability $ 1,153,455 $ 1,576,083 $ 2,729,538 1% Increase 8.15%
Net Pension Liability $ 754,160 $ 994,947 $ 1,749,107
43 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE H - PENSION PLAN (Continued)
Pension Plan Fiduciary Net Position: Detailed information about each risk pool's fiduciary net position is available in the separately issued CaPERS financial reports.
C. Payable to the Pension Plan
There were no significant payables to the Plan at June 30, 2019.
D. Supplementary Retirement Plan
Plan Description: The City has established a supplementary retirement plan through Public Agency Retirement System (PARS). PARS administers the single-employer defined benefit plan on behalf of the City. Benefits under the plan are available only to employees who were full-time with the City on November 1, 2011, were at least 50 years of age and had completed five years of service with the City on January 30, 2012, had terminated employment with the City by no later than that date, and retired under the City's regular CaPERS miscellaneous plan no later than January 31, 2012. An application for benefits was required from eligible employees. The plan pays members 7% of final pay each year throughout their retirement. Copies of audited financial reports may be obtained from PARS, 4350 Von Karman Avenue, Newport Beach, California 92660.
Funding Policy: To fund the supplemental retirement plan, the City's annual required contribution was $53,042 per year for five years beginning in 2011-2012, which was the fixed price of the annuity purchased from Pacific Life Insurance Company to pay the benefits. The contribution amounts and benefit provisions were established through an agreement between the City and PARS, and may be amended only by mutual agreement. There were no employee contributions. As of June 30, 2018 there was no additional annual pension cost due from the City and $0 net pension liability as a result of this supplementary retirement plan.
E. Deferred Compensation Plan
City employees may defer a portion of their compensation under a City sponsored deferred compensation plan created in accordance with the Internal Revenue Service Code Section 457. Under this plan, participants are not taxed on the deferred portion of their compensation until distributed; distributions are defined under the plan. The contribution is made by the participant and the City does not match any portion of the contribution. The City does make contributions to certain management employee deferred compensation accounts as authorized under individual employment contracts. The plan trustee is the California Public Retirement System.
The laws governing deferred compensation plans, requires plan assets to be held in trust for the exclusive benefit of plan participants and their beneficiaries. Since the assets held under this plan are not the City's property and are not subject to claims by general creditors of the City, they have been excluded from
NOTE I - OTHER POSTEMPLOYMENT BENEFITS (OPEB)
General Information about the OPEB Plan: The City offers a single employer defined benefit OPEB plan (Plan) to eligible employees and their dependents under a City Council Resolution. Health insurance benefits are provided by CalPERS under the Public Employees' Medical and Hospital Care Act 44 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE I - OTHER POSTEMPLOYMENT BENEFITS (OPEB) (Continued) (PEMHCA). Employees may retire directly from CalPERS at age 50 with five years of service or for thereafter. The City also pays the CaPERS administrative fee of 23% of the premium. The City does not offer vision, dental or life insurance benefits to retirees. No publicly available financial statements are available for the Plan.
Plan Description: City of lone's Post-Retirement Healthcare Plan is a multiple employer defined benefit healthcare plan administered by CaPERS. CalPERS provides medical insurance benefits only to eligible retirees and their eligible dependents. The City approved post-retirement health insurance benefits for all of its employees based on employees under the Public Employees' Medical and Hospital Care Act City will contribute the health benefit cost for the retiree and eligible spouse up to 45% of $850 increasing $50 annually until it reaches $1,000. A retiree with less than the required years of service with the City will receive no benefit, unless they have previous employment qualifying them for CalPERS retirement, in which case they are eligible to receive the CaPERS minimum at the time of retirement. For employees hired after July 1, 2019, the City increased the reimbursement cap and limited the City-provided reimbursement to the CaPERS statutory minimum, which will be reflected in the June 30, 2020 financial statements.
Funding Policy: As of June 30, 2019 the City Council has not adopted a funding policy. The City is on the pay as you go basis for paying the OPEB benefits. No benefits are held in a trust that meets the criterial in GASB 75, paragraph 4.
Employees Covered By Benefit Terms: At the measurement date of June 30, 2018, the following employees were covered by the benefit terms:
Inactive plan members and beneficiaries currently receiving benefit payments 6 Active plan members
Total
Contributions: The City Council has the authority to establish and amend contribution requirements of Net OPEB Liability: The City's OPEB liability was measured as of June 30, 2019, and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation at July 1, 2017.
At June 30, 2019 the City reported a net OPEB liability of $2,337,505.
CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE I - OTHER POSTEMPLOYMENT BENEFITS (OPEB) (Continued) ctuarial Assumptions: The total OPEB liability in the actuarial valuation was determined using tł llowing actuarial assumption
July 1, 2017
June 30, 2018
Actuarial cost method Entry-age normal cost method
Actuarial assumptions:
Discount rate 3.62%
Salay neand rates 5.00%
3.00%
Inflation 3.00%
Age adjustment factor 4.00%
Percent of retirees with spouses 66.6%
Investment rate of return N/A
Pre-retirement mortality was determined using RP-2014 Employee Mortality, without projection. Post- retirement mortality was determined using RP-2014 Healthy Annuitant Mortality, without projection.
Actuarial assumptions used in the valuation were based on a review of plan experience during the period September 1, 2016 to June 30, 2017.
Change in Assumptions: The discount rate in the July 1, 2017 valuation was changed from 3.13% to
3.62%.
Discount Rate: The discount rate used to measure the total OPEB liability was 3.62%, which was the Fidelity GO AA 20 Years Municipal Index rate. The projection of cash flows used to determine the discount rate assumed the City's contributions will continue based upon the current OPEB funding policy. Based or those assumptions, there will be no fiduciary net position available to make future benefit payments. "hanges in the Net OPEB Liability: The table below shows the changes in the total OPEB liability, th lan Fiduciary Net Position (i.e. fair value of Plan assets), and the net OPEB liability during th measurement period.
Increase (Decrease)
-
Total OPEB Plan Fiduciary Net OPEB
Liability Net Position Liability/(Asset)
-
Balance at June 30, 2018 $ 2,056,773 $ - $ 2,056,773
Changes in the year:
Service cost 403,832 403,832
:
Interest on the OPEB liability 76,138 76,138
Change in assumptions (142,637) (142,637)
Contributions S6,60® (56,601)
Benefit payments (56,601) (56,601)
Net changes 280,732 280,732
Balance at June 30, 2019 2,337,505 $ 2,337,505
46 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE I - OTHER POSTEMPLOYMENT BENEFITS (OPEB) (Continued) Sensitivity of the Net OPEB Liability to Changes in the Discount Rate: The following presents the City's share of the net OPE liability if it were calculated using a discount rate that is 1-percentage point lower or 1-percentage point higher than the current rate:
1% Decrease Discount Rate 1% Increase
2.62% 3.62% 4.62%
Net OPEB liability $ 2,643,418 $ 2,337,505 $ 2,083,309
Current Healthcare
1% Decrease Trend Rate 1% Increase
Net OPEB liability $ 2,034,876 $ 2,337,505 $ 2,708,085
OPEB Expense and Deferred Outflows and Deferred Inflows of Resources Related to OPEB: For the fiscal year ended June 30, 2019, the City recognized OPEB expense of $442,777. OPE expense represents the change in the net OPEB liability during the measurement period, adjusted for actual contributions and the deferred recognition of changes in investment gain/loss, and actuarial assumptions or methods. At June 30, 2019, the City reported deferred outflows and inflows of resources related to OPEB from the following sources:
Deferred Deferred
Outflows Inflows
of Resources of Resources
Changes in assom piosequent to measurement date $ - $ (122,547) 50,281 -
Total $ 50,281 $ (122,547)
The deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net OPEB liability in the following fiscal year. Other amounts reportec as deferred outflows of resources and deferred inflows of resources related to pensions will be recognize as pension expense over the 7.1-year remaining service life of participants as follows:
Year Ended June 30
2019 $ (20,090)
2020 (20,090)
2021 (20,090)
2022 (20,090)
Thereafter (42,187)
$ (122,547)
Payable to the OPEB Plan: There were no payables to the OPEB Plan at June 30, 2019. 47 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE J- INSURANCE
o create a common pool of funds to be used to meet obligations of the parties to provide workers compensation benefits for their employees and to provide excess liability insurance. The NCCST provides claims processing administrative services, risk management services and actuarial studies. A member from each city governs the NCCSIF. The City Council members do not have significant the extent of any deficiency in its equity balance.
The NCCSIF establishes claims liabilities based on estimates of the ultimate cost of claims (including future claims settlement expenses) that have been reported but not settled, plus estimates of claims that have been incurred but not reported. Because actual claims costs depend on various factors, the claims liabilities are recomputed periodically using a variety of actuarial and statistical techniques to produce current estimates that reflect recent settlements, claim frequency, and other economic and social factors.
A provision of inflation is implicit in the calculation of estimated future claims costs. Adjustments to claims liabilities are charged or credited to expense in the periods in which they are made.
Settlements have not exceeded the insurance coverage for the past three fiscal years. There have not been any significant reductions in insurance coverage over the prior year. The audited financial statements of the JPA are available at the NCCSIF's office.
The City's insurance coverage and the respective coverage providers are as follows:
Amount Coverage Provider Payment Source
LIABILITY CLAIMS:
$0 - 50,000 Self-insured Banking layer
50,001 - 500,000 Northern California Cities Self-Insurance Fund Shared risk pool 500,001 - $40,000,000 California Joint Powers Risk Management Authority Shared risk pool PROPERTY CLAIMS (INCLUDING VEHICLE):
$0 5,000 Self-insured Banking layer
5,001 - ############# Commercial insurance Shared risk pool FLOOD
$0 - 100,000-250,000 Self-insured Banking layer
250,000 - $10,000,000 Commercial insurance Shared risk pool WORKERS' COMPENSATION:
$0 - 100,000 Self-insured Banking layer
100,001 500,000 Northern California Cities Self-Insurance Fund Shared risk pool 500,001 - $5,000,000 California Joint Powers Risk Management Authority Shared risk pool 48 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE K - COMMITMENTS AND CONTINGENCIES
expects such amounts, if any, to be immaterial.
Legal Contingencies: The City is party to various claims, legal actions and complaints that arise in the normal operation of business. Management and the City's legal counsel believe that there are no material loss contingencies that would have a material adverse impact on the financial position of the City.
Golf Course Lease Receivable: On July 30th, 1990, the City entered into an agreement with Portlock International to lease the City owned property for the operation of a public golf course. The term of the lease is fifty-five years commencing in June 1994. The rent is due as follows: years 6 to 10 is 1%, years 1l to 15 is 2%, years 16 to 20 is 3% and years 21 to 55 is 4% of gross revenue from the operation of the golf course, clubhouse, pro shop, driving range and other golf course facilities with a minimum annual rent of $43,000. Under this agreement the City received $43,000 of lease revenue during the year ended June 30, 2019. The agreement also states that lessee will pay the City the greater of $50,000 or 1% of the sales price, if the lessee assigns its leasehold interest to a third party.
Revenue Limitations Imposed by California Proposition 218: Proposition 218, which was approved by the voters in November 1996, regulates the City's ability to impose, increase, and extend taxes and assessments. Any new increase or extended taxes and assessments subject to the provisions of Proposition 218, requires voter approval before they can be implemented. Additionally, Proposition 218 provides that these taxes and assessments are subject to voter initiative and may be rescinded in the future years by the voters.
Sewer Plant Cease-and-Desist Order: On April 8, 2011, the Central Valley Regional Water Quality Control Board (the Board) issued a Cease-and-Desist Order (the "Order") requiring the City to take certain actions to address violations of waste discharge requirements related to operations of the City's wastewater treatment facilities. The Order requires the City to take actions to correct violations in accordance with a specified timeframe. If the City fails to meet the requirements of the Order, the Board has the authority to impose fines and penalties. No fines or penalties have been assessed under the Order through year-end and the City believes it has addressed all violations and is waiting for the Board to accept the City's corrective actions.
Contract Commitment: On July 1, 2013, the City entered into an agreement with the PERC Water Corporation for the operation and maintenance of the Wastewater Treatment Facility, the Tertiary Treatment Facility and the Sewer Collection System owned by the City. The agreement is effective for four years and may be extended for three additional two-year periods. The monthly cost for the year ended June 30, 2019 was $31,388 and is adjusted annually for inflation. The agreement was extended through June 30, 2023 on May 18, 2021 for a total cost of approximately $422,000 per year.
Development Agreements: The City collects impact fees under development agreements to reimburse the City for estimated financial impacts of the development on the City's police, fire, parks, streets, administration and sewer infrastructure. These fees are restricted for the related activities as reported in capital projects funds and the Sewer Fund. The fees are contractually determined, and it is not certain that the fees will be sufficient to make the necessary improvements to the related infrastructure. 49 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE L - RELATED PARTY TRANSACTIONS
A member of the Board of Directors is in management of a local golf course. The City provides tertiary water to the golf course for a contractual rate of $70,000 per year. The City Council approved a credit of these charges of $21,467 in November 2021 due to delivering less water in fiscal 2020 and 2021 than in previous fiscal years. The City also leases land to the golf course as described in Note K.
The schedule of findings and responses, finding 18-6, describes payments made to a SAFER Grant
NOTE M - CORRECTION OF ERRORS
The City discovered that it reported development impact fees received as unearned revenue that it should have recognized upon receipt and did not offset the principal portion of noncurrent loans receivable with deferred inflows of resources for unavailable revenues. Due to the correction of these errors,f53 deferred inflows of resources for unavailable revenues increased and net position decreased by $1,162,688 in the HOME Program Grant Special Revenue Fund; unearned development fees decreased by $760,737, deferred inflows of resources for unavailable revenue increased by $451,277 and fund balance increased by $309,460 in Non-major Governmental Funds; and unearned development fees decreased and net position increased by $481,068 in the Sewer Enterprise Fund.
NOTE N- SUBSEQUENT EVENTS
The City was awarded the following grants subsequent to June 30, 2019:
• In November 2019, the City received $42,000 for the Fire Department from Rancho Arroyo Seco and received $60,000 from the County of Amador for the tennis courts at Howard Park. • The City was allocated $2,049,648 of American Rescue Plan Act funding from the federal government that will be received in two equal installments during the years ended June 30, 2022 and 2023. Eligible uses include responding to the COVID-19 public health emergency or its negative financial impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries; responding to workers performing essential work by providing premium pay to eligible workers; for the provision of government services to the extent of the reduction in revenue; and to make investments in water, sewer, or broadband infrastructure. The City Council approved a spending plan as identified by the Ad Hoc committee during the year ended June 30, 2022.
• On July 20, 2021, the City approved a project to maintain and rehabilitate a portion of West Marlette Street using Senate Bill 1 (SB-1) Road Repair and Accountability Act of 2017 funding of $156,182 awarded to the City.
• On September 7, 2021, the City approved $38,200 of awards to local businesses from a $63,000 Community Development Block Grant program - Coronavirus, Aid Relief, Economic Security Act (CDBG-V1) award received by the City.
50 CITY OF IONE, CALIFORNIA
NOTES TO BASIC FINANCIAL STATEMENTS (Continued)
June 30, 2019
NOTE N- SUBSEQUENT EVENTS (Continued)
Significant contracts approved subsequent to June 30, 2019 include the following:
On December 4, 2019, the City approved a solar energy power purchase agreement with IW Solar, LLC, to install, finance, own or control and operate a solar energy generation facility within the City to provide power to the wastewater plant. The initial term is 25 years with three additional 5-year automatic extensions unless terminated by the City. Under the agreement the City would purchase 100% of the energy output from the solar generation facility for the term of the eaten ta: for fried at ar, LIC at the 104, is City last capion to much or thension generation facility from IW Solar, LLC at the 10'h erm anniversary date of operation. The purchase price is the greater of the fair value of the solas generation facility based on an independent appraisal or a buyout price equal to 120% of th remaining debt used to finance the solar generation facility. If the City defaults under the agreement, the City is required to pay IW Solar, LLC the greater of the termination value specified in the contract plus removal costs or the difference between the contract amount expected to be paid by the City under the agreement the agreement over the initial term and the actual revenues received from the of the system's output. The termination value begins at $1.5 million and declines to $816,962 in year 25.
• On September 2, 2019, a contract was awarded for the completion of the North Arroyo Seco Street Sewer Replacement project in the amount of $162,129. • On May 4, 2021, a contract for the Interim City Manager was approved with compensation of $10,000 per month through October 30, 2021. The contract contained a mutual option to extend the agreement for up to two additional six-month periods. • On October 20, 2021, a contract was approved to repair and install a urethane roof on E.B. Hall for $97,000.
• On December 7, 2021, a contract was approved for engineering design services for the Wastewater and Tertiary Treatment Plants Interconnection Piping Project for $113,293. • On January 18, 2022, an information technology services agreement was approved for an annual amount of $35,016.
51 REQUIRED SUPPLEMENTARY INFORMATION
CITY OF IONE
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL (BUDGETARY BASIS) - GENERAL FUND
For the Year Ended June 30, 2019
Actual Amounts Variance with
(Budgetary Final Budget
Budgeted Amounts Basis) Positive/
Original Final (See Note A) (Negative)
-
REVENUES
Taxes 953,000 953,000 $ 1,043,540 90,540
Licenses, fees and permits 188,980 188,980 256,517 67,537 Use of money and property 89,750 89,750 134,470 44,720
Intergovernmental revenues 859,220 937,524 78,304
Fines, forfeitures and penalties 13,500 13,500 (12,950) Charges for services 167,974
Other 4,000 18,966
Total Revenues = 2,108,450 2,108,450 2,563,541 455,091
EXPENDITURES
Current:
General government 886,122 886,122 602,194 283,928
Public ways and facilities/
transportation 365,089 365,089 448,530 (83,441)
Public safety 939,744 939,744 882,996 56,748
Capital outlay 11,500 11,500 20,370 (8,870)
Debt Service:
Principal 18,790 18,790 43,924 (25,134)
Interest 3,210 3,210 28,485 (25,275)
Total Expenditures = 2,224,455 2,224,455 2,325,434 (100,979) Excess (Deficiency) of Revenues
Over (Under) Expenditures (116,005) (116,005) 238,107 (354,112)
OTHER FINANCING SOURCES (USES)
Proceeds from insurance (78)
Transfers out 5,191
Total Other Financing Sources (Uses) 5,113
Net Change in Fund Balance $ (115,105) $ (115,105) 233,738 $ (348,999) Fund Balance, Beginning of Year (797,514)
Fund Balance, End of Year $ (563,776)
52 CITY OF IONE
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL (BUDGETARY BASIS) - HOME PROGRAM
GRANT SPECIAL REVENUE FUND
For the Year Ended June 30, 2019
Actual Amounts Variance with
(Budgetary Final Budget
Budgeted Amounts Basis) Positive/
= Original Final (See Note A) (Negative)
OTHER FINANCING SOURCES (USES)
Transfers in - $ $ 1,353,098 $ 1,353,098
Total Other Financing Sources (Uses) 1,353,098 1,353,098 Net Change in Fund Balance $ 1,353,098 $ 1,353,098
Fund Balance, Beginning of Year 170,376
Fund Balance, End of Year $ 1,523,474
53 CITY OF IONE
REQUIRED SUPPLEMENTARY INFORMATION
June 30, 2019
SCHEDULE OF THE PROPORTIONATE SHARE OF THE
NET PENSION LIABILITY (UNAUDITED)
Last 10 Years
2019 2018 2017 2016 2015
Proportion of the net pension liability 0.028330% 0.028650% 0.030331% 0.032175% 0.032825% Proportionate share of the net pension liability 2,729,70 $ 2,842,254 $ 2,604,553 $ 2,271,408 Covered payroll - measurement period 1,069,24 1,017,722 1,007,465 1,007,814 $ 201,982 790,982 Proportionate share of the net pension liability as
percentage of covered payroll 255.29% 279.28% 258.53% 225.38% 255.02% Plan fiduciary net position as a percentage of the
68.70% 66.53% 67.14% 70.86% Not available
Notes to Schedule:
Changes in assumptions: The discount rate was changed from 7.50% in 2015 to 7.65% in 2016 and to 7.15% in 2018 valuations.
SCHEDULE OF CONTRIBUTIONS TO THE PENSION PLAN (UNAUDITED) Last 10 Years
2019 2018 2017 2016 2015
Contractually required contribution -
(actuarially determined) 305,254 355,084 324,467 $ 308,706 209,467 Contributions in relation to the actuarially
determined contributions (305,254) (35,034) → (324,467) (308. 06) → (209,467) Contribution deficiency (excess) 3
Covered payroll - fiscal year $ 1,025,773 $ 1,069,246 $ 1,017,722 51,007,465 $ 1,007,814 Contributions as a percentage of covered payroll 33.21% 31.88% 30.64% 20.78% Contribution valuation date: June 30, 2016 June 30, 2015 June 30, 2014 June 30, 2013 June 30, 2012 Reporting valuation date June 30, 2017 June 30, 2016 June 30, 2015 June 30, 2014 June 30,2013 Reporting measurement date June 30, 2018 June 30, 2016 June 30, 2016 June 30, 2015 June 30, 2014 Methods and assumptions used to determine contribution rates:
Acruarial method Entry age normal
Amortization method Level percentage of payroll, closed Remaining amortization period Varies by rate plan, but not more than 30 years Asset valuation method Market value
Inflation 2.75% 2.75% 2.75% 2.75% 2.75%
Salary increases Varies by entry age and service
Investment rate of return and
discount rate 7.38% 7.50% 7.50% 7.50% 7.50%
Retirement age O to 67 years. Probabilities of retirement based on most recent CaPERS Experience Stud Mortality Aost recent CaPERS Experience Stud
Omitted years: GASB Statement No. 68 was implemented during the year ended June 30, 2015. No information was available prior to this date. Future years will be reported prospectively as they become available. 54 CITY OF IONE
REQUIRED SUPPLEMENTARY INFORMATION
June 30, 2019
SCHEDULE OF CHANGES IN THE OPEB LIABILITY AND RELATED RATIOS (UNADITED) 2019 2018
Total OPE liability
Service cost $ 403,832 404,341
Interest on the OPEB liability 76,138
Changes in assumptions 50,970
(142,637)
Benefit payments (56,601) (53,530)
Net change in total OPEB liability 280,732 401,781
Total OPE lably being a 2,056,773 1,654,992
2,337,505 2,056,773
Plan fiduciary net position
Contributions - employer $ 56,601 $ 53,530
Benefit payments (56,601) (53,530)
Plan fiduciary net position - beginning
Plan fiduciary net position - ending (b) $ $
Net OPEB liability - ending (a)-(b) 2,337,505 2,056,773 Plan fiduciary net position as a percentage
of the total OPEB liability 0.00% 0.00%
Notes to schedule:
Valuation date July 1, 2017 July 1, 2016
Measurement period - fiscal year ended June 30, 2018 June 30, 2017 Benefit changes: None None
Assumptions/changes in assumptions:
Discount rate 3.62% 3.13%
Healthcare trend rates 5.00% 5% - 6%
Salary increases 3.00% 3.00%
Inflation 3.00% 3.00%
Age adjustment factor 4.00% 4.00%
66.6% 50.0%
N/A N/A
mitted years: GASB Statement No. 75 was implemented during the year ended June 30, 2018. No information wa vailable prior to this date. Future years will be reported prospectively as they become availabl 55 COMBINING STATEMENTS AND INDIVIDUAL FUND STATEMENTS
CITY OF IONE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDS
June 30, 2019
- Special Revenue Funds
Transportation
Gas Development Safer State Rehab
Tax Act Grant Grant Housing
Fund Fund Fund Fund Fund
-
ASSETS
Cash and investments $ 336,549 $ 68,328 $ - $ 10,078 $ 48,697 Receivables:
Accounts receivable 6,133 1,504
Due from other governments 69,173 34,376 :
Interest receivable - loans receivable 15,983
Loans receivable 32,815
Deposits with others 2,331
Advances to other funds 243,001 535,797
-
Total Assets $ 657,187 $ 640,005 $ $ 10,078 $ 97,495
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES AND FUND BALANCES
LIABILITIES
Accounts payable and other liabilities $ 2,616 $ - 3,775 $ - $ Accrued payroll and benefits 6,130
Due to other funds
Due to other governments :
Advance from other funds
Total Liabilities = 8,746 3,775
DEFERRED INFLOWS OF RESOURCES
Unavailable revenue - other receivables 1,533 35,880
navailable revenue - loans interest receivabl : 15,983
-
navailable revenue - loans principal receivabl 32,815
Total Deferred Inflows of Resources 1,533 35,880 48,798
FUND BALANCES
Restricted for public safety -
Restricted for community development • .. 10,078 48,697 Restricted for streets and roads 646.908
Restricted for capital projects :
-
Unassigned (3,775)
Total Fund Balances 646,908 604.125 (3,775) 10078 48,697 $ 657,187 $ 640,005 S $ 10,078 $ 97,495
The accompanying notes are an integral part of these financial statements. 56 Special Revenue Funds
CDBG 2008
Low Income 01-Home Program 06-Home Housing 2010-Home Self Help Housing 518 Grant CDBG OS-STBG Grant 4711 Housing
Fund Fund Fund Fund Fund Fund Fund Fund
$ 84,675 $ - $ 36,669 $ - $ $ - $ - $ 157,191
: :
71,222
397,416
$ 84,675 $ 505,307 $ 157,191
$ $ $ $ $ $
71,222
397,416
468,638
84,675 : 36,669 : 157,191
-
:
-
84,675 36,669 157,191
$ 84,675 = $ 505,307 $ 157,191
57 CITY OF IONE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDS
June 30, 2019
"Conservation lone COPS
Fire Break District 1 Railroad Public Safety SLESF
Assessment COIC Depot Maintenance AB3229
Fund Fund Fund District Fund
ASSETS
Cash and investments $ 46,506 $ 58,823 $ 945 $ 649,846 $ 49,847 Receivables:
Accounts receivable 271 1,671
Due from other governments : : 55,948
Interest receivable - loans receivable :
Loans receivable
-
Deposits with others
Advances to other funds
Total Assets $ 46,506 $ 59,094 $ 945 $ 651,517 $ 105,795
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES AND FUND BALANCES
LIABILITIES
Accounts payable and other liabilities $ 1,934 $ 92 $ $ Accrued payroll and benefits :
Due to other funds
Due to other governments 1,966 :
Advance from other funds
Total Liabilities 1,934 92 1,966
DEFERRED INFLOWS OF RESOURCES
Unavailable revenue - other receivables 55,948
Unavailable revenue - loans interest receivable : :
Inavailable revenue - loans principal receivabl
Cotal Deferred Inflows of Resource 55,948
FUND BALANCES
Restricted for public safety 649,551 49,847
Restricted for community development :
Restricted for streets and roads 46,506 : :
Restricted for capital projects :
Unassigned
Total Fund Balances 46,506 57,160 853 649,551 49,847
TReliris in Tune ed ances of 945 $ 651,517 $ 105,795
$ 46,506$59,09
The accompanying notes are an integral part of these financial statements. 58 Capital Project Funds
Police
Services Parks and
Impact Fees Recreation
Fund Fund
$ 2,748 $ 346,107 $ 200,140 $ 53,125 $ 2,150,274 - $ 125,847 $ 572,560 9,579
:
- 159,497
:
87,205 :
: 21,046
- 430,231
2,331
778,798 : 796,804
=
$ 346,107 $ 200,140 $ 53,125 $ 3.617,915 $ 922,651 $ 593,606 $ $
:
53,886
1,966
929,257
16,513 983,143
93,361
87,205 : :
430,231 21,046
610,797 21,046
2,748 346,107 200,140 1,248,393
53,125 391,288 : : :
1,354,699
222,651 572,560
3,775 (983,143)
346,107 200,140 53,125 2,990,605 922,651 512,560
$ 2,748 _ $ 346,107 $ 200,140 $ 53,125 $ 3.617,915 S § 922,651 $ 593,606 59 CITY OF IONE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDS
June 30, 2019
Capital Project Funds Total
Nonmajor Total
Governmental Local Traffic Capital Nonmajor
Impact Fees Drainage Mitigation Projects Governmental
Fund Fund Fund Funds Funds
ASSETS
Cash and investments $ 31,919 $ 125,578 $ 1,120,061 $ 1,975,965 $ 4,126,239 Receivables:
Accounts receivable - - - 9,579
Due from other governments : 159,497
Interest receivable - loans receivable 87,205
Loans receivable : : 21,046 451,277
Deposits with others 2,331
Advances to other funds 25,000 180,000 1,001,804 1,780,602 Total Assets 56,919 $ 125,578 $ 1,300,061 $ 2,998,815 $ 6,616,730
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES AND FUND BALANCES
LIABILITIES
Accounts payable and other liabilities $ $ - $ - $ 8,417 Accrued payroll and benefits 6,130
Due to other funds - 53,886 53,886
Due to other governments - 1,966
Advance from other funds 598,000 1,527,257 1,527,257
Total Liabilities 598,000 1,581,143 1,597,656
DEFERRED INFLOWS OF RESOURCES
Unavailable revenue - other receivables 93,361
Jnavailable revenue - loans interest receivable 87,205
Inavailable revenue - loans principal receivabl 21,046 451,277 Total Deferred Inflows of Resources 21,046 631,843
FUND BALANCES
Restricted for public safety : 1,248,393
Restricted for community development •... : 391,288
Restricted for streets and roads - 1,354,699
Restricted for capital projects 125.578 1,300,061 2,920,850 2,920,850 Unassigned (541,081) (1,524,224) (1,527,999)
Total Fund Balances (541,081) 125,578 1,300,061 1,396,626 4,387,231 Total Liabilities, Deferred Inflows of
Resources and Fund Balances $ 56,919 $ 125,578 $ 1,300,061 $ 2,998,815 $ 6.616,730 The accompanying notes are an integral part of these financial statements. 60 CITY OF IONE
COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
For the Year Ended June 30, 2019
Special Revenue Funds
Transportation
Gas Development Safer State Rehab
Tax Act Grant Grant Housing
Fund Fund Fund Fund Fund
REVENUES
Taxes $ $ $ $
:
Impact fees
Use of money and property (4,218) 12,789 80,886
Intergovernmental revenues 417,587 17,966
Fines, forfeitures and penalties : :
Charges for services
13,488
Total Revenues 426,857 30,755 80,886
EXPENDITURES
Current:
Public ways and facilities/
transportation 256,533
Public safety 75,048
Parks and recreation
Capital outlay
Debt service:
Principal
Interest
Total Expenditures 256,533 75,048
Excess (Deficiency) of Revenues
Over (Under) Expenditures 170,324 30,755 5,838
OTHER FINANCING SOURCES (USES)
Transfers in
Transfers out
Total Other Financing Sources (Uses)
Net Change in Fund Balances 170,324 30,755 5,838
Fund ously rep Beginning of Year - as 476,584 573,370 (9,613) 10,078 81,512 Restatement (32,815)
Fund Balances, Beginning of Year - as
restated 476,584 573,370 (9,613) 10,078 48,697
Fund Balances, End of Year $ 646,908 $ 604,125 $ (3,775) $ 10,078 $ 48,691 The accompanying notes are an integral part of these financial statements.
Special Revenue Funds
$ $ $ $ $ $
:
:
287883(48,157) 287883) (705, 120) (13,700)
(61,121) 287,883 (448,157) (287,883) (705,120) (138,700) 89675612 09202 468157 207853 205120 138700 _15.91
157,191
62 CITY OF IONE
COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
For the Year Ended June 30, 2019
Conservation lone COPS
Railroad
Fund Fund Fund District Fund
REVENUES
Taxes $ $ $ $ $
: :
Impact fees
Use of money and property -
Intergovernmental revenues - 148,747
Fines, forfeitures and penalties
Charges for services 57,934
Other 33,196
Total Revenues = 57,934 37,196 148,747
EXPENDITURES
Current:
Public ways and facilities/
transportation 72,712
Public safety : : 19,518 140,003
Parks and recreation 195
Capital outlay 9,148 : :
Debt service
Principal
Interest
Total Expenditures = 72,712 2,343 19,518 1140003
Excess (Deficiency) of Revenues
Over (Under) Expenditures (14,778) 27,853 (19,518) 8,744 -
OTHER FINANCING SOURCES (USES)
Transfers in
Transfers out (15,373)
Total Other Financing Sources (Uses) (15,373)
-
Net Change in Fund Balances - (14,778) 27,853 (34,891) 8,744 Fund alany rep Begining of Year 46,506 684,442
71,938 (27,000) 41,103
Restatement
-
Fund Balances, Beginning of Year - as
restated 46,506 71,938 (27,000) 684,442 41,103
-
Fund Balances, End of Year 46,506 853 = 69,551.
$ 57,160 $ 49,847
The accompanying notes are an integral part of these financial statements. 63 Special Revenue Funds Capital Projects Funds
Prop 172
Impact Fees Recreation
$ $ 5,363 $ $ $ 5,363 $ $
149,136 74,456 223,592 50,289 50,211 251,469
50,211 251,469
: 329,245 : :
145,498 1,713 381,780 :
:
: 195
: 9,148 : 89,801
28,734
-145,498 — 1,713 ] 720,368 89,801
383,388 142,295 734,901 8,357 50,211 161,668
346,107 200,140 - (613,006) 8,357 50,211 161,668
22030310320 23560 3021 52,351
410,892
572,560
64 CITY OF IONE
COMBINING SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
For the Year Ended June 30, 2019
Capital Projects Funds Total
Nonmajor Total
Governmental Local Traffic Capital Nonmajor
Impact Fees Drainage Mitigation Projects Governmental
Fund Fund Fund Funds Funds
REVENUES
Taxes $ $ $ $ 5,363
Impact fees 42,289 127,072 521,330 744,922
Use of money and property 57,159
Intergovernmental revenues 665,186
Fines, forfeitures and penalties 15,001
Charges for services 407,173
Other 81,795
Total Revenues 42,289 127,072 521,330 1,976,599
EXPENDITURES
Current:
Public ways and facilities/
transportation 329,245
Public safety : : 381,780
Parks and recreation 195
Capital outlay 89,801 98,949
Debt service:
Principal 28,734 28,734
Interest : 13,198 13,198
Total Expenditures 131,733 852,101
Excess (Deficiency) of Revenues
Over (Under) Expenditures 42,289 127,072 389,597 1,124,498
OTHER FINANCING SOURCES (USES)
Transfers in 345,728
Transfers out : : (1,693,635)
Total Other Financing Sources (Uses) (1,347,907)
Net Change in Fund Balances 42,289 127,072 389,597 (223,409) Fund Balances, Begining f Year (606,972) 125,578 1,104,301 267,338 4,301,180 Restatement 23,602 68,688 739,691 309,460
Fund Balances, Beginning of Year - as
restated (583,370) 125,578 1,172,989 1,007,029 4,610,640 Fund Balances, End of Year $ (541,081) $ 125,578 - S 11300,061 $ 1,396,626 4,387,231 The accompanying notes are an integral part of these financial statements. 65 CITY OF IONE
COMBINING SCHEDULE OF FIDUCIARY NET POSITION
AGENCY FUNDS
June 30, 2019
Community Regional Asset
Facilities Traffic Seizure
Districts Mitigation Police Total
ASSETS
Cash and investments $ 79,260 $ 262,354 $ 8,423 $ 350,037 Accounts receivable 1,038 1,038
Cash and investments with fiscal agent 498,696 498,696
Total Assets $ 578,994 $ 262,354 $ 8,423 $ 849,771
LIABILITIES
Refundable deposits $ - $ - $ 46 $ 46
Due to others 578,994 262,354 8,377 849,725
Total Liabilities $ 578,994 $ 262,354 $ 8,423 $ 849,771 The accompanying notes are an integral part of these financial statements. 66 OTHER REPORTS
550 Howe Avenue, Suite 210
Sacramento. California 95825
RECONDSON Telephone: (916) 564-8727
FAX: (916) 564-8728
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF
FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and
Members of the City Council
City of lone, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of lone, California (the City) as of and for the year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We identified deficiencies in internal control, described in the accompanying schedule of findings and responses as findings 2019-001 and 2019-002 that we consider to be material weaknesses.
67 To the Honorable Mayor and
Members of the City Council
City of lone, California
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free of disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
The City of lone's Response to Findings
The City's response to the findings identified in our audit is described in the accompanying schedule of ndings and responses. The City's response was not subjected to the auditing procedures applied in th udit of the financial statements and, accordingly, we express no opinion on i Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance February , 2022
68 CITY OF IONE, CALIFORNIA
SCHEDULE OF FINDINGS AND RESPONSES
For the Year Ended June 30, 2019
INTERNAL CONTROL OVER FINANCIAL REPORTING
MATERIAL WEAKNESSES
Finding 2019-001
Condition: Restatements and a significant number of audit adjustments and closing entries were required to report the City's financial statements in accordance with generally accepted accounting principles (GAAP).
Criteria: Internal controls over financial reporting should exist to ensure the financial statements are complete and accurate.
Cause: The City implemented a new accounting system and experienced turnover in the Finance Director position prior to the start of the audit, which slowed the closing process. The City's chart of accounts is also does not use fund numbers that help identify the fund type, includes stale terminology that makes it difficult to classify entries and is missing certain accounts necessary to report financial transactions.
Effect: 50 audit adjustments and closing entries were required to complete the financial statements, which slowed the completion of the audit and resulted in the audit taking more time to complete than expected.
Recommendation: We recommend the City post all of the audit adjustments provided during the audit, reconcile fund balance and net position in each fund to the 2019 financial statements, create a closing checklist that includes reconciliations necessary to identify adjustments identified during the audit and use the adjustments and suggested changes to the chart of accounts provided to make the chart of accounts complete and account names consistent with financial reporting.
Management's Response:
Finding 2019-002:
Condition: We noted a number of internal control exceptions in our detail testing of financial transactions, including the following:
• Cash Receipts Tests of Controls - Several cash receipts selected for testing were charged rates for services from a rate schedule that could not be located by City staff and supporting documentation for one transaction selected for testing could not be located by City staff. No support existed for the number of fixtures billed to commercial sewer fund accounts. • Cash Disbursements Tests of Controls - Three of 25 cash disbursements selected for testing were missing checks or other supporting documentation. Also, no evidence could be found of management review of check registers on the sample of check runs tested. • Payroll Disbursements Tests of Controls - No Personnel Action Forms could be found on eight of 25 payroll disbursements selected for testing and five additional Personnel Action Forms selected for testing were missing information. We noted different versions of the Personnel Action Forms were being used by different departments. We noted eight of 25 payroll disbursements tested had unsigned timesheets. In addition, no evidence could be found of management review of the reconciliation of the payroll register to the general ledger on the sample of payroll runs tested. 69 CITY OF IONE, CALIFORNIA
SCHEDULE OF FINDINGS AND RESPONSES
FOR THE YEAR ENDED DECEMBER 31, 2019
• The 2018 audit findings indicated the City was over withholding health insurance and in lieu payments from employees and a payable for this amount appeared on the balance sheet at June 20, 2019.
Criteria: Internal controls over financial transactions should be in place and documented to ensure ties are seis tad thimintre posity or eted and faad cuffing valy, not evidence exitsy hae "'it's internal controls
Cause: The City did not maintain adequate evidence of the completion of internal controls or did not maintain consistent documentation that was easy for new staff to locate to support the controls performed over these transactions.
Effect: Errors and fraud could occur and not be detected by the City's internal controls.
Recommendation: We recommend the City review the transactions above and maintain consistent evidence of the performance of the internal controls. The City should review employee files to ensure an approved and complete Personnel Action Form exists for each employee documenting the approved pay rate, step, etc. Payroll tax and withholding payable accounts should be reconciled to the subsequent payment each pay period and any differences investigated and cleared. Documentation of transactions should be maintained in a consistent manner that is well labeled and easy to find by City staff. A transition to high quality, well labeled electronic copies of financial records on the City's server should be the City's goal to organize documentation, which is easier to organize and find in future years.
Management's Response:
COMPLIANCE AND OTHER MATTERS
None
PRIOR YEAR FINDINGS
Finding 18-1:
Condition: At June 30, 2018, we noted the general fund had a deficit fund balance of $797,514, the Fire Service Impact Fee Fund had a $1,298,772 deficit fund balance, the Government Impact Fees fund had a deficit fund balance of $606,972, the Rail Road Depot fund had a deficit fund balance of $27,000 and the Safer Grant fund had a deficit fund balance of $9,913.
We noted improvement in the Sewer Capital Fund with an increase of net position of $654,513 and ending accumulated deficit of $2,975,875. The Sewer Tertiary Fund had an increase in net position during the 2017/19 fiscal year of $1,822 and an ending accumulated deficit of $467,306. We have noted these conditions in prior audits.
70 CITY OF IONE, CALIFORNIA
SCHEDULE OF FINDINGS AND RESPONSES
FOR THE YEAR ENDED DECEMBER 31, 2019
Recommendation: We recommend the City continue to evaluate the tertiary plant operations and prepare liabilities, we recommend close attention to resolving the accumulated deficit in the general fund and all funds with deficit fund balances/accumulated deficits.
Current Status: The General Fund and three other City funds continue to report deficit fund balances as reported in the Fund Balance Deficit paragraph of Note A of the financial statements. A financial plan to address these deficits should be prepared by management and approved by the City Council. The Sewer Fund was separated into a number of sub-funds that were combined for reporting purposes during the year ended June 30, 2019 because there did not appear to be any requirement for any of the sub-funds to be reported separately, such as paying separate debt agreements. The deficits for the Sewer Fund reported in the June 30, 2019 financial statements are no longer reported separately as a result. The City should address any structural deficits in its Sewer Rate Plan in the future to ensure the Sewer Fund has adequate resources to perform required services. Although it is important to ensure these deficits are addressed, we do not believe this item meets the definition of a finding under audit standards and was not included in the 2019 schedule of findings.
Finding 18-2:
Condition: We noted the City had a lack of segregation of duties, as one person is capable of handling all aspects of processing certain transactions from beginning to end. A lack of segregation of duties increases the risk of potential error or irregularities occurring without being detected; however, due to a limited number of personnel in the finance department as a result of downsizing an adequate segregation of duties is not possible without incurring additional costs. We have noted this finding in prior audits.
Recommendation: We recommend the City segregate duties to the greatest extent possible given the limited number of personnel in the Finance Department.
Current Status: The City hired an administrative staff that allows duties to be separated. However, we noted lack of adequate documentation of internal controls being performed to prove separation of duties occurred during the year ended June 30, 2019. See Finding 2019-002 for a continuation of this finding and recommendations.
Finding 18-3:
Condition: During our testing of sewer commercial accounts, we noted the City is charging based on the number of fixtures, however the City did not have files for commercial properties documenting the number of fixtures so that we could recalculate the charges. We noted this condition in prior audits.
Recommendation: We recommend the City perform a site inspection of all commercial properties and document the number of fixtures that are being charged. The City should then compare that data to the actual charges and make adjustments where needed to verify that the current charges are valid. The City should also verify that there is an approved rate schedule for all sewer fees being charged.
Current Status: We noted differences between Sewer Fund billings and the rate per the rate schedule during our testing of cash receipts in 2019 that appeared to be related to a number of fixtures being billed to commercial customers. See Finding 2019-002 for a continuation of this finding and recommendations. 71 CITY OF IONE, CALIFORNIA
SCHEDULE OF FINDINGS AND RESPONSES
FOR THE YEAR ENDED DECEMBER 31, 2019
Finding 18-4:
Condition: During our testing of the prior year deposit liability account, we noted Ryland (now Axios) juliety tortie 20161 activer, the City did not adjust their deposit liabiliy balance to reduce the Recommendation: We recommend the City adjust the deposits liability balance each time Axios uses one cath in based on the fiers prepai eveloper deposit (labity the ancining prepaid developer fes to Current Status: The deposit accounts referenced were development impact fees that should have been recognized when the related development agreement was approved under generally accepted accounting principals rather than deferring the amounts as deposits and recognizing them when permits were pulled.
See the restatement discussed in Note L of the financial statements to correct this error.
Finding 18-5:
Condition: During our prior year testing of health insurance and in lieu payments, we noted there were some employees with insurance deduction over withheld/under withheld from their paychecks. We also noted on the health in lieu payouts some of the employees were also overpaid/underpaid. We also noted this condition in the prior audit.
Recommendation: We recommend the City periodically review these deductions or payments to ensure accuracy and that all requirements are met. We recommend agreeing the health in lieu payouts and the health insurance deductions to agree with the City policy amounts.
Current Status: We noted no resolution of this issue. See Finding 2019-002 for a continuation of this finding and recommendations.
Finding 18-6:
Condition: During our testing of the SAFER federal grant we noted the following conditions:
• A related party to the SAFER grant volunteer coordinator is authorizing the timesheets as supervisor. • The volunteer coordinator is submitting the invoices to the granting agency for reimbursement and no receivable is recorded in the general ledger by the finance department. • The invoice submitted to the grant agency to reimburse the period of April 2018 through September 2018 was submitted in January 2019 prior to the City paying for the services rendered for that period. We did not see language in the grant agreement that advances were allowed under the program.
• While it appears the City Manager and the Mayor appointed the volunteer coordinator to run the SAFER grant program, the City did not adopt a job description for the position that would have included a rate of pay, if this was a full-time or part-time position and benefits package. • We noted the volunteer coordinator was submitting reimbursement requests for fringe benefits. The payments were being made directly to the volunteer coordinator. The grant agreement allowed for the cost of fringe benefits for things such as social security, Medicare, health insurance and worker's compensation to be included as a reimbursable expense to the City. There was no mention in the 72 CITY OF IONE, CALIFORNIA
SCHEDULE OF FINDINGS AND RESPONSES
FOR THE YEAR ENDED DECEMBER 31, 2019
Recommendation: We recommend that a fire district employee, other than a related party to the volunteer coordinator, with knowledge of the volunteer coordinators working hours authorize the timesheets. We recommend the City review if a job description, salary schedule and benefits package should be approved by the City Council. We recommend that invoices submitted to the granting agency for reimbursement be reviewed by the Finance Department, sent to the granting agency by the Finance Department and recorded as a receivable in the general ledger. We recommend the City request reimbursement from the granting agency for fringe benefits actually paid as opposed to paying the volunteer coordinator in lieu of paying fringe benefits and requesting reimbursement for those in lieu payments. We recommend the City reconcile the actual hours worked by the volunteer coordinator and if it is determined that the 1,000 hours was exceeded contact CaPERS to determine if the volunteer coordinator should have been enrolled in the CaPERS retirement plan and take action to enroll the employee in the retirement plan.
Current Status:
73 Agenda Item # 4
Agenda Item
DATE: February 15, 2022
TO: Mayor and City Council Members
FROM: Beth Thompson, City Planning
SUBJECT: Second Reading - Amendment to Municipal Code, Title 17 - Focused Zoning Code Update
RECOMMENDED ACTION
1. Receive the staff report on the Amendment to Municipal Code, Title 17 - Focused Zoning Code Update;
2. Take public comment; and
3. Waive the second reading and adopt the attached ordinance (Exhibit A) amending Municipal Code, Title 17, Zoning.
BACKGROUND:
The Focused General Plan and Zoning Code Updates project is funded through the SB 2 grant administered by the State Housing and Community Development Department (HCD). The Focused General Plan and Zoning Update project includes: 1) an update to the Land Use, Circulation, Housing, and Health and Safety Elements of the General Plan to address requirements of State law and to meet the commitments of the City's grant funding for the project; 2) an update to the Zoning Code to streamline housing approvals, and 3) an Accessory Dwelling Unit (ADU) Handbook to streamline and expedite ADU approvals.
This item is limited to the Focused Zoning Code Update component of the SB 2 effort.
Focused Zoning Code Update
The Focused Zoning Code Update will amend the Zoning Code to: 1) streamline the permitting and approval process, 2) establish objective standards for multifamily and mixed use development, 3) address requirements of State law related to housing permitting, and 4) revise the Zoning Code to remove inconsistencies and improve ease-of-use.
Meetings and Outreach
The Focused General Plan and Zoning Update project was kicked off with City Council and Planning Commission on January 12, 2021.
The Planning Commission held a follow-up meeting to discuss the refined scope of work for the project on February 9, 2021.
Community outreach was conducted in June 2021 through a community workshop held on June 24, 2021 at the Council Chambers and an online survey available late May through mid-July 2021.
The Planning Commission held two study sessions in 2021 related to the Focused Zoning Code Update, including a session to review the Housing Best Practices White Paper and a session to review the Preliminary Draft Focused Zoning Code Update.
On November 9, 2021, the Planning Commission held a public hearing to review the Focused Zoning Code Update, receive public comment, and make a recommendation to City Council.
The Planning Commission voted to pass Resolution PC 2021-04, a resolution of the City of lone Planning Commission recommending that the City Council adopt an ordinance amending the lone Municipal Code, Title 17, Zoning, to adopt the Focused Zoning Code Update (see Exhibit B for the Planning Commission Staff Report and recommended ordinance). For additional information, Exhibit B of the Planning Commission staff report dated November 9, 2021 is available on the City's website and includes a track-changes version of the Focused Zoning Code Update.
On February 1, 2022, the City Council held a public hearing, waived the first reading, and introduced an ordinance amending the lone Municipal Code, Title 17 Zoning. The City Council's staff report prepared for February 1, 2022 described the proposed revisions to Title 17 Zoning to implement the Focused Zoning Code Update.
DISCUSSION:
At its February 1st meeting, the City Council directed that the Focused Zoning Code Update be revised to limit the second unit on lots developed with two units or a duplex pursuant to Senate Bill 9 provisions to 800 square feet. Chapter 17.118.020 of the proposed amendment to Title 17 is revised to include the following requirement:
B. Unit Size. One of the two units developed pursuant to this Section shall not exceed 800 square feet in size.
The City Council also directed that the title and language of the ordinance be revised to reflect the update to the Title 17, Zoning, text and to exclude the Zoning Map, as discussed in the staff report.
Ordinance Summary: Title 17, Zoning - Focused Zoning Code Update The amendment to Title 17, Zoning, to implement the Focused Zoning Code Update would replace the existing Title 17 in its entirety. The amendment to Title 17 reorganizes the title, provides additional direction to accommodate and encourage housing pursuant to State law, and includes revisions to streamline the ordinance and simplify its implementation. Title 17, as revised, includes the following:
Article I, Administration, establishes the role of recommending and decision-making bodies and City planning staff related to zoning matters, establishes application processing requirements, and establishes procedures for permits and approvals subject to Title 17. Revisions to the title include provisions for minor variances, a streamlined ministerial permit process, administrative (ministerial) and discretionary Site Plan Review process, revisions to the Reasonable Accommodations process, and additional requirements for Development Agreements.
Article II, Allowed Uses, is revised to address requirements of State law related to accommodating specific housing types, including agricultural employee housing, employee housing, duplexes, low barrier navigation centers, manufactured homes on a permanent foundation, residential care homes, and qualified affordable housing, to revise development standards, including lot size requirements in the R-1a, R-1b, R-2, R-3, R-4, C-T, and C-2 zones, and to remove standards for multifamily residential projects.
Article Ill, Site Planning Standards, addresses building height, yards, property and utility management, fences and walls, accessory structures, and signs. Changes to Article II include clarifying standards for double frontage lots.
Article IV, Standards for Specific Residential Uses, includes standards for specific residential uses, including home occupations, accessory dwelling units, objective multifamily standards, manufactured housing on permanent foundations, duplex and two single family units in single family zones, family day cares, and State density bonus requirements.
Article V, Standards for Specific Non-Residential Uses, addresses wireless communication facilities, temporary uses, and medical marijuana. The chapters in Article V have been reorganized from the previous Title 17 with updated numbering and references, but do not include changes to development standards or zoning requirements.
Article VI, Glossary, was formerly Article V, provides definitions for terminology used in Title 17, including allowed uses. The glossary is updated to address new terms and allowed uses that have been added to Title 17, Zoning.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as it has been determined that the Municipal Code amendment will not cause a significant negative effect on the environment. The changes to the Zoning Code will not intensify land uses, result in land use incompatibilities, or generate other unmitigated impacts beyond those that would result from the existing Zoning Code and existing provisions of State law.
EXHIBITS
Exhibit A - Ordinance 528
Ordinance _Attachment 1 - Amendment to Title 17, Zoning Exhibit B - Planning Commission Staff Report, November 9, 2021 - Focused Zoning Code Update
CITY OF IONE
ORDINANCE NO. 528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE AMENDING THE IONE MUNICIPAL CODE, TITLE 17 ZONING
Whereas, the City of lone priorities efficient and effective processing of development applications; and
Whereas, State law establishes requirements for the permitting and application processing for a variety of housing types, including employee housing, agricultural employee housing, emergency shelters, transitional housing, supportive housing, low barrier navigation centers, accessory dwelling units, and duplexes; and
Whereas, the City of lone seeks to implement the requirements of State law and ensure that development is consistent with the character of the City and the priorities of the community; and Whereas, the Focused Zoning Code Update includes other clarifying and policy changes identified by City staff, the City Planner consultant, the Planning Commission, and City Council; and
Whereas, the Planning Commission conducted several public meetings to receive public comment, review the draft Focused Zoning Code Update, and provide direction for revisions, and Whereas, the Planning Commission conducted a duly-noticed Public Hearing on the draft Focused Zoning Code Update on November 9, 2021, and adopted a resolution forwarding the proposed Zoning Code amendments to the City Council and recommending its adoption; and Whereas, on February 1, 2022, the City Council conducted a duly-noticed Public Hearing, deliberated, and voted to conduct the first reading of the ordinance amending lone Municipal Code, Title 17, Zoning, as revised; and
Whereas, on February 15 2022, the City Council conducted a duly-noticed Public Hearing, deliberated, and found that as revised, the Zoning Ordinance is compatible with the general objectives of the General Plan, in that it directly implements the General Plan policies, thereby achieving consistency between the General Plan and the Zoning Code; and Whereas, adoption and implementation of the Focused Zoning Code Update are determined to be exempt from the California Environmental Quality Act as it meets with the criteria established in Section 15061(b)(3) of the CEQA Guidelines because there will be no physical changes to the environment and requires no further review pursuant to Section 15168(c)(2); and Whereas, the City Council finds that the Zoning Code amendments are compatible with the general objectives of the General Plan, in that the amendments implement and do not conflict with General Plan policies and standards, thereby enhancing consistency between the General Plan and Zoning Code; and
1 Whereas, the City Council finds that the amendments will be in conformity with public convenience, general welfare, and good land use practice, in that the revisions are also intended to clarify the regulations and facilitate ease of use and understanding, as well as to establish appropriate standards and procedures; and
Whereas, the City Council finds that the amendments will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, in that they will harmonize the Zoning Code with State law related to a variety of housing types, better express the City's policies, and generally promote good land use planning and regulation.
The City Council of the City of lone does ordain as follows:
Section 1: Amendment of Title 17 Zoning
The text of lone Municipal Code, Title 17, Zoning, is hereby amended to repeal and replace in its entirety as set forth in Attachment 1.
Section 2: No Mandatory Duty of Care
This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3: Severability
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance enforced.
Section 4: Environmental Review
The City Council hereby finds this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. A Notice of Exemption will be prepared.
Section 5: Prior Violations
Neither the adoption of this ordinance nor the repeal or amendment by this ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violations was committed prior to the effective date of this ordinance, nor be construed as a waiver of any license, fee, or penalty, or the penal provisions applicable to any violation of such ordinances.
Section 6: Effective Date
2 This ordinance shall be effective thirty (30) days following its adoption by the City Council. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Govemment Code of the State of California with the names of the City Council members voting for and against it.
PASSED, APPROVED, AND ADOPTED THIS _ _day of_ _ 20_
VOTE:
Ayes:
Noes:
Abstain:
Absent:
Mayor
ATTEST:
Janice Traverso, City Clerk
APPROVED AS TO FORM:
City Attorney
3 Ordinance
-
Attachment 1
Focused Zoning Code Update
Amendment to Municipal Code Title 7, Zoning
Title 17 - Zoning
Table of Contents
Table of Contents ....i
List of Tables ... viii
List of Figures .... ix
ARTICLE I. ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENT...... 1 CHAPTER 17.04 ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS......1
17.04.010 Title.... 1
17.04.020 General purpose. ..1
17.04.030 Applicability. 1
Chapter 17.06 ZONING CODE ADMINISTRATION 3
17.06.010 Purpose. ...3
17.06.020 Composition of the city planning agency. ..З
17.06.030 Responsibilities of the city council. ...З
17.06.040 Responsibilities of the planning commission ....4
17.06.050 Responsibilities of the city manager. .4
17.06.060 Responsibilities of the city planner... 4
CHAPTER 17.08 APPLICATION PROCESSING PROCEDURES. 5
17.08.010 Application submittal... 5
17.08.020 Determination of completion... ...5
17.08.030 Application review and report. ...6
17.08.040 Public notices. ....7
17.08.050 Decision-Making authority... ...8
17.08.060 Appeals. ...9
17.08.070 Effective date.. 10
17.08.080 Permit to run with land..... ...11
17.08.090 Permit time limits and extensions...... ... 11
17.08.100 Modification.. .11
17.08.110 Revocation of previously approved entitlement. . 12 Chapter 17.10 PERMITS AND ENTITLEMENTS 13
17.10.010 Purpose. ... 13
17.10.020 Plan check. .... 13
Title 17 - Zoning
17.10.030 Site plan review. ..13
17.10.040 Streamlined Ministerial Permit. ...16
17.10.050 Architectural design review for historic overlay district. 19
17.10.060 Conditional use permit. .22
17.10.070 Variance.. .23
17.10.080 Reasonable accommodation(s). ...25
17.10.090 Sign permit. ..27
17.10.100 Creative sign program .28
17.10.110 Uniform sign program... ....31
17.10.120 Temporary use permit. ...32
17.10.130 Development agreements..... .32
17.10.140 Planned development.... ..34
17.10.150 Specific plans. ....37
17.10.160 Prezoning.. ...39
17.10.170 Zoning code amendment... ...39
17.10.180 General plan amendment... 40
Chapter 17.12 INTERPRETATION. ...41
17.12.010 Purpose.. .... 41
17.12.020 Applicability and authority for interpretations.. ....41
17.12.030 Rules of interpretation 42
17.12.040 Record of interpretation...... 42
17.12.050 Appeals.. 43
Chapter 17.14 ENFORCEMENT.. 43
17.14.010 Purpose and intent. 43
17.14.020 Enforcement authority 43
17.14.030 Violation-Deemed nuisance.... 43
Chapter 17.16 NONCONFORMING USES, BUILDINGS, STRUCTURES, AND LAND[2]. 43
17.16.010 Purpose.... . 43
17.16.020 Regulations to apply. 44
17.16.030 Building or structure. ...44
17.16.040 Uses.... .....44
ii
Title 17 - Zoning
17.16.050 Loss of nonconforming use status. 44
17.16.060 Reserved. ...45
17.16.070 Reserved. .. 45
17.16.080 Reserved ....45
17.16.090 Nonconforming parcels of land. .. 45
17.16.100 Signs, billboards, etc. ...45
17.16.110 Nonconformance due to change of regulations. ...45
17.16.120 Public utilities. ..46
17.16.130 Building under construction.. ... 46
17.16.140 Reconstruction of damaged and nonconforming buildings. ...46
17.16.150 Re-establishment of nonconforming structures voluntarily removed. .... 46
17.16.160 Nonconforming due to lack of use permit. .47
ARTICLE II. ZONING DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARD...... 48 Chapter 17.20 ESTABLISHMENT OF ZONING DISTRICTS AND LAND USE CLASSIFICATION SYSTEM 48 17.20.010 Chapter purpose. 48
17.20.020 Zoning districts. 48
17.20.030 Conformance with zoning district regulations... .50
17.20.040 Zoning map.. ..50
17.20.050 Classification of land uses... ... 51
17.20.060 Allowed land uses and permit requirements. ...52
17.20.070 Similar use determination.... ..53
Chapter 17.22 AGRICULTURAL AND RESIDENTIAL DISTRICTS. ..53
17.22.010 Chapter purpose... ..53
17.22.020 Characteristics of agricultural and residential zoning districts. 54
17.22.030 Allowed land uses and permit requirements. .56
17.22.040 Development standards........ . 61
Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS. .65
17.24.010 Chapter purpose...... .65
17.24.020 Characteristics of commercial and industrial districts. .65
17.24.030 Allowed land uses and permit requirements. .68 ili
Title 17 - Zoning
17.24.040 Development standards.... ...75
Chapter 17.25 PUBLIC/QUASI PUBLIC DISTRICTS ...76
17.25.010 Chapter purpose.... ...76
17.25.020 Characteristics of public/quasi public districts. ..76
17.25.030 Allowed land uses and permit requirements. ...T
17.25.040 Development standards..... ..719
Chapter 17.26 SPECIAL PURPOSE DISTRICTS. .80
17.26.010 Chapter purpose... .80
17.26.020 Specific plan zoning districts... .80
17.26.030 Planned development zoning districts. ...1
Chapter 17.28 OVERLAY DISTRICTS..... ...82
17.28.010 Chapter purpose.... .82
17.28.020 Historic overlay (H) district.. ...83
17.28.030 Downtown residential overlay district. 84
ARTICLE III. SITE PLANNING STANDARDS ..87
Chapter 17.30 BUILDING HEIGHT MEASUREMENT AND PROJECTIONS ...87
17.30.010 Purpose.... .87
17.30.020 Definitions.. ...87
17.30.030 Height regulations... .87
17.30.040 Height measurement.. .87
17.30.050 Height exceptions..... ..88
Chapter 17.32 YARD MEASUREMENT AND PROJECTIONS.. .88
17.32.010 Purpose. .88
17.32.020 Definitions.. .89
17.32.030 Yard and setback regulations. .89
17.32.040 Allowed encroachments/projections into required yards. .90 Chapter 17.34 PROPERTY AND UTILITY IMPROVEMENT 91
17.34.010 Purpose..... . 91
17.34.020 Curbs, gutters, and sidewalks. 91
17.34.030 Underground utilities... ..92
Chapter 17.36 FENCES AND WALLS...
iv
Title 17 - Zoning
17.36.010 Purpose.. .92
17.36.020 Permit requirements and exceptions. .93
17.36.030 Location and height restrictions. .93
17.36.040 Fence and wall design standards. .95
17.36.050 Special fence and wall requirements. .95
Chapter 17.38 ACCESSORY STRUCTURES .97
17.38.010 Purpose..... .97
17.38.020 Definitions. ..97
17.38.030 Permit requirements and exceptions.. ..97
17.38.040 Development standards.. ..98
Chapter 17.40 PARKING .99
17.40.010 Purpose.... .99
17.40.020 Applicability .99
17.40.030 Permit requirements.. . 100
17.40.040 General parking requirements. .. 101
17.40.050 Number of parking spaces required.. .... 101
17.40.060 Parking requirements for the disabled. .103
17.40.070 Compact car requirements. .... 103
17.40.080 Parking and driveway design and development standards . 104 Chapter 17.42 SIGNS ON PRIVATE PROPERTY ...105
17.42.010 Purpose... .... 105
17.42.020 Policies for sign regulations.. ... 106
17.42.030 Definitions.. ... 107
17.42.040 Permits and review procedures . 107
17.42.050 Exempt signs... . 109
17.42.060 Prohibited signs... • 112
17.42.070 General development, maintenance, and removal provisions . 113
17.42.080 Design standards.. ...117
17.42.090 Allowed permanent on-site sign standards. .122
17.42.100 Allowed temporary on-site sign standards. .124
17.42.110 Allowed off-site signage...... • 125
Title 17 - Zoning
17.42.120 Nonconforming signs and abandoned signs. ..127 Chapter 17.44 SIGNS ON CITY PROPERTY . 128
17.44.010 Purpose and proprietary capacity. .128
17.44.020 Intent as to public forum.... . 128
17.44.030 Definitions... .128
17.44.040 General prohibition... .128
17.44.050 Certain governmental signs.. . 128
17.44.060 Temporary signs displaying non-commercial message .129
17.44.070 Street banner program..... 129
17.44.080 Special event signage . 130
17.44.090 Long term leased signage.. 131
ARTICLE IV. STANDARDS FOR SPECIFIC RESIDENTIAL USES. 132 Chapter 17.110 HOME OCCUPATIONS... . 132
17.110.010 Purpose... 132
17.110.020 Definitions 132
17.110.040 Business license..... 132
17.110.050 Plan check required. ... 132
17.110.060 Limitations of use.... ... 132
17.110.070 Performance standards... ... 134
17.110.080 Conditions. ... 135
17.110.090 Home owners association... .... 135
Chapter 17.112 ACCESSORY DWELLING UNITS.. ...136
17.112.010 Purpose.... ... 136
17.112.020 Applicability 136
17.112.030 Development Standards.. ...136
17.112.050 Review Process for ADUs and JADUs Not Complying with Section 17.112.030... 143 Chapter 17.114 MULTIFAMILY STANDARDS. .143
17.114.010 Applicability.. ...143
17.114.020 Purpose.. ..1413
17.114.030 Standards .143
Chapter 17.116 - Provisions for Specified Housing Types. . 150 vi
Title 17 - Zoning
17.116.010 Manufactured housing... ..150
17.116.020 Employee Housing (Six or fewer employees). . 150
17.116.030 Agricultural Employee Housing. . 150
17.116.040 - Emergency Shelters.. • 151
17.116.050 - Supportive Housing... . 152
17.116.060 - Low Barrier Navigation Centers.. • 152
Chapter 17.118 Duplex Units in Single Family Zones... .153
17.118.010 Purpose.. ..153
17.118.020 Streamlined Ministerial Permit. . 153
17.118.020 Development Standards. ... 153
17.118.020 Denial ....154
Chapter 17.110 STATE DENSITY BONUS AND OTHER INCENTIVES ...154
17.120.010 Purpose. .154
17.120.020 - Density Bonus and Incentives... 155
17.120.080 Process for approval or denial. . 155
Chapter 17.122 Day Care Homes. 156
Section 17.122.010 Family Day Care Homes ... 156
Article V - Standards for Non-Residential Uses.. ... 157 Chapter 17.210 WIRELESS COMMUNICATION FACILITIES. ...157
17.210.010 Purpose and applicability.. ... 157
17.210.020 Definitions. ....157
17.210.030 Permit requirements... .... 157
17.210.040 Application requirements. ... 157
17.210.050 Exemptions.......... 158
17.210.060 Development standards... . 159
17.210.070 Operation and maintenance standards. ...162
17.210.080 Removal provisions. . 162
Chapter 17.220 TEMPORARY USES ... 162
17.220.010 Purpose... ... 162
17.220.020 Permit required... . 163
17.220.030 Temporary use regulations.... ... 163
vii
Title 17 - Zoning
17.220.040 Similar uses. .. 164
Chapter 17.230 Medical Marijuana... . 165
17.230.010 Medical marijuana. . 165
ARTICLE VI. GLOSSARY. 170
Chapter 17.300 GLOSSARY OF TERMS... . 170
17.300.010 Purpose.. ... 170
17.300.020 General definitions......... .171
Chapter 17.310 ALLOWED USE DEFINITIONS ....199
17.310.010 Purpose... 199
17.310.020 Allowed use definitions... ... 199
List of Tables
Table 17.08.050-1 Decision-Making Authority.. 8
Table 17.08.060-1: Appeal Authority... .. 10
Table 17.20.020-1: Zoning Districts.. 49
Table 17.22.030-1: Allowed Uses and Permit Requirements for Agricultural and Residential Zoning Districts 56
Table 17.22.040-1: Development Standards for Agricultural and Residential Zoning Districts.. .62 Table 17.24.030-1: Allowed Uses and Permit Requirements for Commercial and Industrial Zoning Districts 68
Table 17.24.040-1: Development Standards for Commercial and Industrial Zoning Districts. .75 Table 17.25.030-1: Allowed Uses and Requirements for Public/Quasi Public Zoning Districts ...77 Table 17.25.040-1: Development Standards for Public/Quasi Public Zoning Districts .79 Table 17.28.030-1: Development Standards for the Downtown Residential Overlay (DR) Zoning District 85
Table 17.36.030-1: Maximum Height of Fences and Walls in Required Yard Area.. .93 Table 17.38.040-1 Development Standards for Accessory Structures.. .98 Table 17.40.050-1: Parking Requirements by Land Use. . 102 Table 17.42.090-1: Allowed Permanent On-Site Sign Standards. ..123 Table 17.42.100-1: Temporary Sign Standards ..125
vili
Title 17 - Zoning
List of Figures
Figure 17.30.040-1: Measurement of Height. .88
Figure 17.32.040-1: Single-Family Encroachment. .. 91
Figure 17.36.030-1 Front and Side Street Setback Areas.. 94 Figure 17.36.030-2: Measurement of fence height on parcels with different elevations. ..95 Figure 17.42.070-1: Sign Area..... 114
Figure 17.42.070-2: Awning or Canopy Sign Area. 115
Figure 17.42.070-3: Freestanding Sign Area.... 116
Figure 17.42.070-4: Area of three-dimensional objects. 116 Figure 17.42.080-1: Awning and Canopy Sign ... 119
Figure 17.42.080-2: Text Scale.. ... 120
Figure 17.42.080-3: Multiple Element Signs... .... 121
Figure 17.300.020-1: A-frame Sign... ...173
Figure 17.300.020-2: Bracket Sign ... 175
Figure 17.300.020-3: Blade Sign.. ....175
Figure 17.300.020-4: Building Frontage and Primary Building Frontage ...176 Figure 17.300.020-5: Can Sign.. ... 177
Figure 17.300.020-6: Changeable Copy Sign.... ... 178
Figure 17.300.020-7: Channel Letter Sign.. ...178
Figure 17.300.020-8: Clear Visibility Triangle.. .... 180 Figure 17.300.020-9: Electronic Message Sign. .... 182
Figure 17.300.020-10: Corner lot. ....184
Figure 17.300.020-11: Double frontage lot ... 185
Figure 17.300.020-12: Flag lot 185
Figure 17.300.020-13: Interior Lot. . 186
Figure 17.300.020-14 Lot Lines (lots along cul-de-sacs, elbows, or other roadways). . 187 Figure 17.300.020-15 Lot Lines-Irregular Lots. . 187
Figure 17.300.020-16: Monument Sign. . 189
Figure 17.300.020-17: Pole Sign. . 191
Figure 17.300.020-18: Push Pin Letter Sign 192
Figure 17.300.020-19: Pylon Sign.. .. 192
ix
Title 17 - Zoning
Figure 17.300.020-20: Reverse Channel Letter Sign .. 193 Figure 17.300.020-21: Yard area..... ….....198
Title 17 - Zoning
ARTICLE I. ZONING CODE ESTABLISHMENT, ADMINISTRATION,
AND ENTITLEMENTS
CHAPTER 17.04 ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND
ENTITLEMENTS
17.04.010 Title.
This title shall be known as the "Zoning Code of the City of lone." (Ord. No. 423, § 2, 4-21-2009)
17.04.020 General purpose.
The zoning code carries out the policies of the lone general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan and the Municipal Code.
This zoning code is adopted and established to serve the public health, safety, comfort, convenience, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide, and provide a definite plan for the future growth and development of the city. More specifically, the purposes of this zoning code are to:
A. Provide standards and guidelines for the orderly growth and development of the city that will assist in protecting the characteristics and community identity of lone; B. Create a comprehensive and stable pattern of land uses up on which to plan transportation, water supply, sewer service, and other public facilities and utilities; C. Conserve and protect the city's natural features such as creeks, oak trees, and historic and environmental resources;
D. Minimize automobile congestion by promoting safe and effective traffic circulation and adequate off-street parking facilities; and
E. Ensure compatibility between residential and non-residential development and land uses. (Ord. No. 423, § 2, 4-21-2009)
17.04.030 Applicability.
A. Relationship to prior ordinance. The provisions of this title, as it existed prior to the effective date of the ordinance enacting this title, Ordinance No. 423, are repealed and superseded as provided in Ordinance No. 423. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to its repeal by Ordinance No. 423.
B. Prior rights and violations. The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.
Title 17 - Zoning
C. New land uses or structures. It shall be unlawful, and a violation of the Municipal Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title.
D. Continuation of an existing land use or structure. It is unlawful and a violation of the Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was lawfully established before this title was enacted, or before enactment of any applicable amendment to this title, may continue as provided in Chapter 17.16 (Nonconforming uses). No expansion or modification to a pre- existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 17.16 (Nonconforming uses).
E. Subdivisions. Any subdivision of land proposed within the city after the effective date of this zoning code shall be consistent with the minimum lot size requirements of Article Il, zoning districts, allowable uses, and development standards, the subdivision requirements of the city subdivision code (Title 16), and all other applicable requirements of this zoning code.
F. Effect of zoning code changes on pending applications. Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending entitlement applications, unless prohibited by state law. Entitlement applications are no longer deemed pending once the appeal period has expired or the appeal process fully exercised.
G. Conflicting requirements.
1. Zoning code and Municipal Code provisions. If conflicts occur between requirements of this zoning code, or between this zoning code, the Municipal Code, or other plans and policies adopted by the city, the zoning code shall govern.
2. Development agreements. If conflicts occur between the requirements of this zoning code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.
3. Private agreements. This zoning code applies to all land uses and development but may not affect private agreements or restrictions in the use of land or development of structures. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
H. Other requirements/permits. Nothing in this zoning code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
I. Public nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in this Municipal Code.
J. Severability, partial invalidation of zoning code. If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, 2 Title 17 - Zoning
paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.06 ZONING CODE ADMINISTRATION
Sections:
17.06.010 Purpose.
The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration. (Ord. No. 423, § 2, 4-21-2009)
17.06.020 Composition of the city planning agency.
California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this title, may be performed by any one of the following groups or individuals, as further defined in this chapter and title:
A. City council.
B. Planning commission.
C. City manager.
D. City planner.
Agencies responsible for enforcing and implementing this title shall have such duties as assigned by this title. Where this title fails to assign any land use and planning functions, the city council shall have the planning agency responsibility and activity.
(Ord. No. 423, § 2, 4-21-2009)
17.06.030 Responsibilities of the city council.
The city council shall have the following land use responsibilities:
A. Appoint members of the planning commission.
B. Hear and decide appeals of the decisions of the planning commission.
C. Hear and decide applications for amendments to the general plan, amendments to the zoning code text and map, and applications for specific plans, planned developments, and development agreements and amendments thereto. In the event that applications for other land use permits are requested in conjunction with these entitlements, the city council shall also be the final decision-making body for such land use permits. 3 Title 17 - Zoning
D. Direct planning-related policy amendments and special studies as necessary or desired.
E. Exercise such other powers and duties as are prescribed by state law or local ordinance. (Ord. No. 423, 82, 4-21-2009)
17.06.040 Responsibilities of the planning commission.
The planning commission shall have the following land use responsibilities:
A. Hear and decide appeals of the decisions of the city planner.
B. Hear and decide applications for conditional use permits, variances, historic architectural review, site plan review, boundary line adjustments, tentative subdivision maps, and tentative parcel maps.
Hear and make recommendations to the city council on applications or proposals for amendments to this title.
D. Initiate studies of amendments to this title and make recommendations to the city council for amendments to this title.
and make recommendations to the city council on applications for zoning amendments, general plan and amendments thereto, specific plans, planned developments, prezoning, and other related planning studies.
F. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.
(Ord. No. 423, § 2, 4-21-2009)
17.06.050 Responsibilities of the city manager.
The city manager shall have the following land use responsibilities:
A. Oversee the work of the city planner.
B. Negotiate and conduct periodic review of development agreements. (Ord. No. 423, § 2, 4-21-2009)
17.06.060 Responsibilities of the city planner.
The city planner shall have the following land use responsibilities:
A. Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations.
B. Advise the city council, city manager, and planning commission on planning matters.
C. Review and decide matters related to ministerial actions as shown in Table 17.08-050-1.
D. Staff meetings for the planning commission.
4 Title 17 - Zoning
E. Direct planning-related policy amendments and special studies as necessary or desired.
F. Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of ministerial permits and approvals, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi- judicial and legislative actions by designated planning agencies. For a comprehensive list of permits, see Chapter 17.10, Entitlements.
G. Provide information to the public and facilitate public participation on planning matters.
H. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city manager.
(Ord. No. 423, § 2, 4-21-2009)
CHAPTER 17.08 APPLICATION PROCESSING PROCEDURES
17.08.010 Application submittal.
All applications for land use and development permits and actions pertaining to this title shall be submitted to the city planning department on a city application form, together with all fees, plans, maps, and any other information required by the city planning department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by city council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the city planner to provide the decision-making authority with adequate information on which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit.
(Ord. No. 423, § 2, 4-21-2009)
17.08.020 Determination of completion.
A. Application completeness. Within 30 days of application submittal to the city planning department, the city planner shall determine whether or not the application is complete.
The city planner shall notify the applicant of the determination either that:
1. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
B. Notwithstanding paragraph A, in order to expedite the determination of completeness for ministerial permits and actions issued by the city planner, zoning code interpretation and plan check applications shall be deemed complete within ten working days unless the 5 Title 17 - Zoning
applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.
Application completeness without notification. If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.
D. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the city planner shall determine the completeness of the application. Application completeness shall be determined and noticed as specific in Subsection A. (Application completeness).
Incomplete application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city planner, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this article.
F. Right to appeal. The applicant may appeal the determination in accordance with Section
17.08.060 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).
(Ord. No. 423, § 2, 4-21-2009)
17.08.030 Application review and report.
After acceptance of a complete application, the city planner will review the project for consistency with the Zoning Code, General Plan, and all applicable planning requirements and will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. If the project is requesting a discretionary permit, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The city planner will prepare a report (the staff report) to the decision-making authority (planning commission and/or city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant and property owner at the same time as it is provided to the decision- making authority prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is due. (Ord. No. 423, 8 2, 4-21-2009)
6 Title 17 - Zoning
17.08.040 Public notices.
A. Public hearing required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits (e.g., variance, conditional use permit, site plan review) and legislative actions of the city (e.g., specific plans, planned developments, zoning amendments, and general plan amendments). The hearing(s) shall be held before the decision-making authority as identified in this title.
B. Notice of hearing. Pursuant to California Government Code Section 65091, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected
5. Notice of the public hearing shall be posted at city hall and in at least two other public places within the boundaries of the city, including one place in the area directly affected by the proceeding.
C. Requests for notification. Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. Failure to receive notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a decision-making authority for which the notice was given. 7 Title 17 - Zoning
E. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The decision-making authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Ord. No. 423, § 2, 4-21-2009)
17.08.050 Decision-Making authority.
The decision-making authority as designated in Table 17.08.050-1 (Decision-making authority) shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. When a proposed project requires more than one permit with more than one decision-making authority, all project permits shall be processed concurrently and final action shall be taken by the highest level decision-making authority for all such requested permits. In acting on a permit, the decision-making authority shall make the applicable findings as established in Chapter 17.10, permit requirements, and as may be required by other laws and regulations. An action of the decision-making authority may be appealed pursuant to procedures set forth in Section 17.08.060, appeals.
Table 17.08.050-1 Decision-Making Authority
Decision-Making Authority'
"R" symbolizes the "Recommending Body"
Applicable "F" symbolizes the "Final Decision-
Type of Permit or Decision Making Body"
Chapter
City Planning City
Planner Commission Council
Zoning Code 17.12 F
Interpretation
Plan Check 17.10.020 F
Administrative Site Plan 17.10.030 F
Review (Ministerial)
Site Plan Review 17.10.030 R F
(Discretionary)
Streamlined Ministerial 17.10.040
Permit
Administrative 17.10.050 F
Architectural Design
Review
Comprehensive 17.10.050 R F
Architectural Design
Review
8 Title 17 - Zoning
Conditional Use Permit 17.10.060 R F
Minor Variance 17.10.070 F
Major Variance 17.10.070 R F
Reasonable 17.10.080 F
Accommodation(s)
Sign Permit 17.10.090
Creative Sign Program 17.10.100 F
Uniform Sign Program 17.10.110 R F
Temporary Use Permit 17.10.120 F
Development Agreement 17.10.130 R R F
Planned Development 17.10.140 R R F
Specific Plan 17.10.150 R R F
Density Bonus 17.46 R F
Prezoning 17.10.160 R R F
Zoning Amendment (Text 17.10.170 R R F
and Map)
General Plan Amendment 17.10.180 R R F
Notes:
1. All listed actions are subject to appeal pursuant to Section 17.08.060.
2. May be referred to Planning Commission for ministerial review by the City Planner. (Ord. No. 455, § 3, 12-6-2011 ; Ord. No. 423, § 2, 4-21-2009)
17.08.060 Appeals.
A. Purpose. This section identifies the procedures for filing and processing an appeal consistent with California Government Code Section 65900 et. seq. The appeal provisions of this section shall govern appeals of all planning and zoning matters, and other entitlement procedures in this title.
B. Appeal applicability and authority. Any person dissatisfied with a determination or action of the city planner or planning commission made pursuant to this article, may appeal such action to the designated appeal authority listed in Table 17.08.060-1 (Appeal authority) below, within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
9 Title 17 - Zoning
Table 17.08.060-1: Appeal Authority
Appeal Authority
Decision-Making Authority for Action Being Appealed Planning City Council
Commission
City Planner
Planning Commission
C. Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk. The filing of an appeal shall stay the issuance of any necessary subsequent permits) associated with any right or entitlement that will be subject of the appeal (e.g., building permits).
D. Notice and schedule of appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.08.040, public notices.
E. Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing and the appeal authority may reverse, modify, or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original decision-making authority for further action. The action of the appeal authority is final on the date of decision and, unless expressly provided by the chapter, may not be further appealed. A person may seek judicial review of a final decision of the city in accordance with applicable sections of the California Government Code or Code of Civil Procedures.
(Ord. No. 423, § 2, 4-21-2009)
17.08.070 Effective date.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the 11th day after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council (zoning amendment, general plan amendment, specific plans, development agreements) become effective 30 days from the date of final action and may not be appealed. In accordance with Section 17.12.030 (Rules of interpretation), where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day. Permits) shall not be issued until the effective date of required permit.
No application for a variance, conditional use permit, or zoning map amendment which has been denied shall be considered by the decision-making authority within one year from the date of the 10 Title 17 - Zoning
action to deny, except on the grounds of new evidence of proof of changed conditions found by the planning commission.
(Ord. No. 423, 8 2, 4-21-2009)
17.08.080 Permit to run with land.
Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. No. 423, § 2, 4-21-2009)
17.08.090 Permit time limits and extensions.
A. Time limits conditioned. As part of the conditions of approval, the decision-making authority may establish a time limit for the exercising of an entitlement. In the case of tentative maps, the time limits shall be as provided by state law.
B. Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permits).
Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.
C. Permit extensions. The same decision-making authority that granted the original permit may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit date. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the decision-making authority finds that the original permit findings can be made and that there are changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.
(Ord. No. 423, § 2, 4-21-2009)
17.08.100 Modification.
Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification 11 Title 17 - Zoning
of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.
If the city planner determines that a proposed project action is not in substantial conformance with the original approval, the city planner shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same decision-making authority as the original permit. A permit modification may be granted only when the decision- making authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval. (Ord. No. 423, § 2, 4-21-2009)
17.08.110 Revocation of previously approved entitlement.
A. Purpose. The purpose of this section is to provide for the revocation of any permit or entitlement (e.g., variance, conditional use permit) granted under this title.
B. Grounds for revocation. In the event a permit holder or the permit holder's successor in interest, fails to comply with any or all conditions of entitlement approval, the city council, planning commission, or city planner, may institute a revocation proceeding if it is determined that there is substantial likelihood that any of the following situations exist:
1. The permit was obtained or extended by false, misleading, or incomplete information;
2. One or more conditions of approval have not been implemented or have been violated; or
3. The activities, or the use itself, are substantially different from what was approved. C.
Initiation of action. The revocation of a permit may be initiated by any of the city's designated planning agencies as identified in Section 17.06.020 (Composition of the city planning agency). The designated planning agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.
D. Revocation hearing.
1. A public hearing is required for any action to revoke a permit. The hearing shall be held by the original decision-making authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to Section 17.08.040 (Public notices).
In its discretion, the decision-making authority may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of Section 17.08.060 (Appeals).
E. Permit issued in error. Any approval or permit issued in error may be revoked by the decision- making authority upon written notice to the permit holder of the reason for the revocation. (Ord. No. 423, § 2, 4-21-2009)
12 Title 17 - Zoning
Chapter 17.10 PERMITS AND ENTITLEMENTS
17.10.010 Purpose.
The purpose of this chapter is to establish the procedures for administering all planning and zoning- related permits and entitlements required and regulated by the city in accordance with this title.
Each permit type is described in this chapter in terms of purpose and applicability and unique processing provisions. See Chapter 17.08 (Application processing procedures) for general application submittal, review, noticing/hearing, decision-making authorities, and appeal provisions. The permit process for review, decision, and appeal of signs is listed in Chapter 17.42 (Signs). Exemptions to permit requirements are listed throughout this title. Provisions for tentative maps, parcel maps, and final maps are listed in Title 16
(Ord. No. 423, § 2, 4-21-2009)
17.10.020 Plan check.
Purpose and applicability. The purpose of the plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Plan check is required for the following actions:
1. All structures that require a building permit;
2. All planning entitlement applications to ensure compliance with applicable conditions of approval; and
3. For other city applications, including tree removal, business license, encroachment, and grading and improvement plans.
Process. No separate application form is necessary for plan check. This process will be conducted by the city planner as part of the building permit entitlement or other city application review. Plan check clearance shall be granted only when the city planner finds the proposal to be in conformance with all applicable provisions of this title. The city planner may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Any permit or application listed in Subsection A. shall not be issued without approval of plan check. (Ord. No. 423, § 2, 4-21-2009)
17.10.030 Site plan review.
A. Purpose and intent. The purpose of site plan review is to provide a process for promoting the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; and to ensure physical and functional compatibility between uses. This site plan review permit established by this chapter is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses or multifamily residential development 13 Title 17 - Zoning
will constitute suitable development and will not result in a detriment to the city or to the environment. There are two types of site plan review:
1. Administrative Site Plan Review - SP(a). An Administrative Site Plan Review is a ministerial, non-discretionary review by the decision-making authority of a project application to determine compliance with the provisions of this Code and the lone General Plan.
2. Discretionary Site Plan Review - SP(d). A Discretionary Site Plan Review is a discretionary review by the decision-making authority of a project application to determine compliance with the provisions of this Code and the lone General Plan.
B. Applicability.
1. A discretionary site plan review permit is required for the following items:
a. Multifamily residential development;
b. Single family residential homes, except those addressed under paragraph 2 (Administrative Site Plan Review) or Subsection C (Exemptions); c. Non-residential development (e.g., commercial, office, industrial, public/quasi- public);
d. Additions to the above projects where 500 or more gross square feet is being added to existing structures;
e. Fences and walls not otherwise exempt under Section 17.36.020 (Permit requirements and exemptions); and
f. Any item not listed in paragraph 2 or Subsection C., for which the city planner determines that a site plan review permit is required
2. An administrative site plan review permit is required for the following items:
a. A project of up to two single family homes;
b. One duplex (projects proposing more than one duplex or other residential dwelling types in addition to one duplex require a discretionary site plan review); c. One triplex (projects proposing more than one triplex or other residential dwelling types in addition to one triplex require a discretionary site plan review); d. One fourplex (projects proposing more than one fourplex or other residential dwelling types in addition to one fourplex require a discretionary site plan review); e. Additions to single family residential homes greater than 150 square feet and less than 500 square feet in size;
f. Additions to non-residential structures greater than 150 square feet and less than 500 square feet in size;
g. Accessory structures 500 square feet or larger; and
14 Title 17 - Zoning
h. Uses identified as requiring an administrative site plan review in Tables 17.22.030- 1 and 17.24-030-1.
Exemptions. The following structures and activities are exempt from site plan review.
However, such structures may require additional permits and plan check, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.
1. Single family homes that are within an approved subdivision that has received site plan review approval;
2. Additions to single family residential homes less than 150 square feet in size;
3. Additions to non-residential structures less than 150 square feet in size;
4. Accessory structures less than 500 square feet;
5. Installation of signs;
6. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the structure, or the gross floor area of the structure.
7. Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (e.g., tenant improvements); and
8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
9. Projects subject to a streamlined ministerial process under Section 17.10.040.
D. Timing. Site plan review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action for corresponding development applications.
E. Considerations. In conducting a site plan review, the decision-making authority shall consider the following:
1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties;
2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development; 15 Title 17 - Zoning
3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or planned development master plans, including but not limited to the density of residential units; and
4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police and fire; and whether such services are adequate based upon city standards.
F. Findings. A site plan review permit or any modification thereto shall be granted only when the decision-making authority makes all of the following findings.
1. Administrative Site Plan Review
a. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development master plan or specific plan provisions, improvements standards, and other applicable standards and regulations adopted by the city;
b. The proposed project will not create safety conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
c. The proposed project is compatible with adjacent residential and on-residential uses; and
d. The proposed project will not have an adverse impact on public health or safety.
2. Discretionary Site Plan Review
a. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development master plan or specific plan provisions, improvements standards, and other applicable standards and regulations adopted by the city;
b. The proposed project will not create safety conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
c. The site layout (orientation and placement of buildings and parking areas, as well as the landscaping, lighting, and other development features are compatible with adjacent residential and non-residential uses; and
d. The proposed project will not have an adverse impact on public health or safety.
G. Conditions. The decision-making authority may modify plans in whole or in part and may condition the site plan review permit to ensure specific design features and conformance with all applicable provisions of this title.
17.10.040 Streamlined Ministerial Permit
A. Purpose. The purpose of the Streamlined Ministerial Permit process is to provide a streamlined ministerial review process for a development project eligible for a streamlined ministerial process under California Government Code Section 65913.4, California Health and Safety Code Section 17021.8, or other sections of State law requiring a streamlined 16 Title 17 - Zoning
ministerial review process and to determine whether an eligible project is consistent with applicable objective standards.
B. Process for an Eligible Multifamily Project Under California Government Code Section 65913.4
1. Prior to submitting an application for a Streamlined Ministerial Permit, the applicant shall submit a Pre-Application which includes all of the information required by California Government Code Section 65913.4 and the city planner shall conduct Native American tribal consultation as required by Government Code Section 65913.4(b).
2. Streamlined Ministerial Permit applications for eligible multifamily projects shall be submitted to the city planner, which shall approve, conditionally approve, or disapprove such application or set the application on the agenda of the Planning Commission for design review or public oversight.
3. The Streamlined Ministerial Permit review shall focus on assessing compliance with criteria for streamlined projects established by California Government Code Section 65913.4(b), as well as any reasonable objective design standards published and adopted by ordinance or resolution before submission of the Streamlined Ministerial Permit application, and shall be broadly applicable to development within the jurisdiction.
4. If the development project is in conflict with any applicable objective planning standards specified in California Government Code Section 65913.4(a), the city planner shall provide the applicant written documentation of which standard or standards the project conflicts with, and an explanation for the reason or reasons of the conflict, as follows:
a. Within 60 days of submittal of the complete Streamlined Ministerial Permit application pursuant to this section if the project contains 150 or fewer housing units.
b. Within 90 days of submittal of the complete Streamlined Ministerial Permit application to this section if the project contains more than 150 housing units.
5. The application shall be denied unless it is found to satisfy all applicable objective standards. For purposes of this subsection, a project development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
The Streamlined Ministerial Permit application may be referred to the Planning Commission or City Council for design review or public oversight. Such review shall not in any way inhibit, chill, or preclude the ministerial approval provided by California Government Code Section 65913.4, shall be limited in scope as described in paragraph (3), and shall be completed within the time period prescribed by the Government Code, which is as follows, unless alternate review or decision periods are established by State law for a specific use or development type:
17 Title 17 - Zoning
a. Within 90 days of submittal of the complete application to the city planner if the development contains 150 or fewer housing units.
b. Within 180 days of submittal of the complete application to the city planner if the development contains more than 150 housing units.
C. Process for Projects Pursuant to California Health and Safety Code Section 17021.8.
Applications for qualified projects submitted pursuant to California Health and Safety Code Section 17021.8, which addresses the streamlined ministerial process for eligible agricultural employee housing, shall be processed in conformance with the requirements of Section 17021.8.
D. Process for Other Projects Eligible for Streamlined Ministerial Review under State Law.
1. Streamlined ministerial permits shall conform to the application, timing, and findings requirements as specified for the specific permit type in State law.
2. Streamlined Ministerial Permit applications for eligible multifamily projects shall be submitted to the city planner which shall approve, conditionally approve, or disapprove such application or set the application on the agenda of the Planning Commission for design review or public oversight.
3. The Streamlined Ministerial Permit review shall be ministerial, objective, and strictly focused on assessing compliance with the Zoning Code, General Plan, and all other applicable requirements.
4. If the development project is in conflict with any applicable planning standards, the city planner shall provide the applicant written documentation of which standard or standards the project conflicts with, and an explanation for the reason or reasons of the conflict, within 90 days of submittal of the Streamlined Ministerial Permit application.
5. The application shall be denied unless it is found to satisfy all applicable objective standards. For purposes of this subsection, a project development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
6. The Streamlined Ministerial Permit application may be referred to the Planning Commission or City Council for design review or public oversight. Such review shall not in any way inhibit, chill, or preclude the ministerial approval provided by California Government Code Section 65913.4, shall be limited in scope as described in paragraph (3), and shall be completed within 180 days of submittal of the application pursuant to this title unless alternate review or decision periods are established by State law for a specific use or development type.
Expiration of Approval. Whenever no such use has been initiated within one year of the Streamlined Ministerial Permit approval, the approval shall thereupon become null and 18 Title 17 - Zoning
void, unless a permit extension has been requested and granted or the project meets the following requirements.
1. The approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
2. If the project does not meet the requirements of paragraph (1), the approval shall remain valid for three years from the date of the final action establishing the approval or three years from the date of final judgment upholding an approval that has been litigated project provided that vertical construction of the development has begun and is in progress. For purposes of this paragraph, "in progress" means one of the following:
a. The construction has begun and has not ceased for more than 180 days. b. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
17.10.050 Architectural design review for historic overlay district.
A. Purpose and intent. The purpose of the architectural design review for historic overlay district (hereafter referred to as architectural design review) is to provide for the protection, enhancement, and perpetuation of the old and historical buildings of downtown lone; to ensure compliance with the architectural and design standards of Section 17.28.020 (Historic overlay (H) district); and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This permit is intended to provide a process for consideration of development proposals in which the site, architectural and overall project design is substantially improved by the consideration of design and architectural features of the project as provided in Section 17.28.020 (Historic overlay district), while providing a significant city benefit. However, the flexibility does not apply to use of the land in that only those uses permitted within the underlying base zoning district are allowed.
B. Applicability. An architectural design review permit is required for the following activities on properties designated with the historic overlay (H) zoning district:
1. Installation of new features on existing structures/facades;
2. Additions to existing structures;
3. Placement, alteration, or relocation of signs;
4. New development;
5. Changes to exterior architectural style; and
6. Other actions identified in this title.
C. Exemptions. The following activities in the historic overlay (H) zoning district are exempt from architectural design review. However, such structures may require additional permits, 19 Title 17 - Zoning
such as a ministerial building permit to ensure compliance with adopted building code standards and applicable zoning code provisions.
1. Repair and maintenance to the site or structure that does not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure. Exterior repairs that employ the same materials and design as the original construction are also exempt from architecture review;
2. Interior alterations that do not increase the gross floor area within the structure;
3. Construction, alteration, or maintenance by a public utility agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar facilities and equipment); and
4. Construction, alteration, and maintenance of buildings used exclusively and solely for residential uses (e.g., single family residential) are hereby exempted. Buildings that provide for the mixing of residential and non-residential uses in a single structure (e.g., mixed use) do not qualify for this exemption.
D. Decision-making authority. The designated approving authorities for architectural design review are listed below. For any architecture review process not identified, the planning commission shall be decision-making authority. The decision-making authority shall approve, conditionally approve, or deny the proposed architectural design review application in accordance with the provisions of this chapter and Section 17.28.020 (Historic overlay). Architectural design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).
1. Administrative architectural design review. For all administrative actions, the city planner shall be the decision-making authority. Administrative actions refer to all actions except new development and wholesale changes to architectural style of any existing building. These types of projects typically do not require routing of applications to other departments or agencies. Issues related to fire and building code compliance are addressed at time of building permit issuance. Administrative actions include, but are not limited to, the following:
a. Installation of new features on existing structures consistent with the existing architectural style of the building, such as new roof, trim, doors, windows, etc., and b. Placement, alteration, or relocation of signs.
2. Comprehensive architectural design review. For all comprehensive actions, the planning commission shall be the decision-making authority. Comprehensive actions include:
a. New construction and wholesale redevelopment of existing sites; and 20 Title 17 - Zoning
b. Wholesale changes to the existing architectural style of a building (e.g., changing from mother lode to commercial vernacular).
E. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for all architectural design reviews:
1. A completed city application form indicating, among other things, the applicant's name, address, and telephone number;
2. Address of the property for which the request is being made;
3. Detailed project description;
4. Plans showing the proposed physical improvements including either samples of the proposed materials or other information indicating the type of material, color, design, and/or fire rating; and
5. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
F. Procedure. The procedures for architectural design review shall be as provided in Chapter
17.08 (Application processing procedures) except as provided below:
1. Administrative architectural design review.
a. No public hearing shall be required unless required below. b. Notice of the filing of an application for administrative architectural design review shall be mailed to persons owning property within 300 feet of the project site and posted on the property. The mailed notice of application shall advise persons that plans for the project are available for public review at city hall and that the application will be decided unless a written request for hearing is received by the city planning department on or before a date specified in the notice which shall be ten working days after the date of mailing.
c. If no timely written request for hearing is filed, the application shall be administratively approved by the city planner if it is deemed to be consistent with the provisions of the historic overlay (H) district.
d. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the procedures for comprehensive architectural design review. e. The city planner may elevate any project to the comprehensive architectural design review process that, if in the opinion of the city planner, such project is not in substantial conformance with applicable provisions for the historic overlay (H) district, or if the city planner determines that because of location, size, or design of the project warrants a hearing before the planning commission. 21 Title 17 - Zoning
2. Comprehensive architectural design review.
a. A public hearing shall be required by the decision-making authority. b. Public notice of the hearing shall be provided as specified in Section 17.08.040 (Public notices).
G. Findings. An architectural design review permit, or any modification thereto, shall be granted only when the decision-making authority makes all of the following findings:
1. The proposed project is consistent with the objectives of the general plan, and complies with applicable zoning regulations and improvement standards adopted by the city;
The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;
3. The architecture, including the character, scale and quality of the design, relationship to the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signage and other similar elements establishes a clear design concept and is consistent with the architectural and design intentions of Section 17.28.020 (Historic overlay).
H. Conditions. The decision-making authority may modify plans in whole or in part and may condition the architectural design review permit to ensure specific design features, construction materials, and conformance with all applicable provisions of this title.
Permit issuance. The final action on the architectural design review permit by the decision- making authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed. (Ord. No. 423, § 2, 4-21-2009)
17.10.060 Conditional use permit.
A. Purpose and applicability. The purpose of the conditional use permit is for the individual review of uses, typically having unusual site development features or operating characteristics, to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements of objectives of the general plan.
A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Article II, zoning districts, allowable land uses, and development standards, and Article V, standards for specific non-residential uses. An existing nonconforming use may be enlarged or expanded upon approval of a conditional use permit by the decision-making authority.
B. Findings. Conditional use permits are quasi-judicial and shall be granted only when the planning commission determines that the proposed use or activity complies with all of the following findings:
22 Title 17 - Zoning
The proposed use is consistent with the general plan and all applicable provisions of this title.
The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city.
C. Conditions/guarantees. The planning commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
Permit issuance. The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed.
E. Appeals. Appeal of the city planner or planning commission action on the request for conditional use permit shall be made in accordance with the procedures specified in Section 17.08.060 (Appeals).
(Ord. No. 423, § 2, 4-21-2009)
17.10.070 Variance.
A. Purpose and applicability. In accordance with California Government Code Section 65906, a variance request allows the city to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.
B. A variance is a request to exceed the applicable standards identified in this Chapter, except where this Chapter specifies that modifications to specific standards are allowed with a Conditional Use Permit. A major variance includes all requests to exceed applicable standards, except those requests addressed under a minor variance. A minor variance includes:
1. In any zone, modifications of the front, side, or rear yard setback requirements; provided, however, the total modification shall not reduce the applicable setbacks to less than eighty (80%) percent of those otherwise required in the zone; Title 17 - Zoning
2. In any zone, modifications of building heights; provided, however, such building heights shall not exceed one hundred twenty (120%) percent of the otherwise applicable maximum height in the zone;
3. In any zone, modifications of the minimum lot area, width, and depth; provided, however, such modifications shall not reduce the total lot area to less than eighty (80%) percent of that otherwise required in the zone; and
4. In any zone, modifications of the maximum area or height of signs otherwise applicable in the zone; provided, however, such modifications shall not result in a sign exceeding one hundred twenty (120%) percent of either the maximum height or maximum size otherwise applicable in the zone.
5. In any zone, modifications of the off-street parking requirements; provided, however, the total variance shall not reduce the off-street parking to less than eighty (80%) percent of that otherwise required off-street parking. Such modifications shall be authorized only if it is found that the off-street parking, as modified, provides, either on the same site or on some reasonably and conveniently located site, adequate parking, loading, turning, and maneuvering space to accommodate substantially such needs as are generated by the use and will not result in a safety hazard to the users of the site or surrounding areas.
In any zone, modifications to the surfacing materials required to satisfy the paving requirements for off-street parking and loading. Such modifications shall be authorized only if it is found that the location of the parking or storage area or the nature or weight of the vehicles or equipment is such as to make the normally required surfacing materials unnecessary.
In the Planned Development (PD) overlay zones, minor modifications of the detailed development plans or detailed development standards approved by the Planning Commission or City Council only if it is found that such modifications are in substantial conformity with the plans or standards approved by the Commission, and that the appearance and function of the total development will not be significantly adversely affected as a result of such modification.
8. In any zone, modification of any other standard by more than fifteen percent (15%).
B. Findings. The decision-making authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the decision-making authority that the circumstances of their particular case can justify making all of the following findings:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property owners in the vicinity and under identical land use zoning district classifications. 24 Title 17 - Zoning
2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district tin which such property is located
3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4. That the granting of the variance is consistent with the objectives of the general plan and zoning code.
C. Conditions. The decision-making authority may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.
D. Issuance. The final action on the variance by the decision-making authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten-day appeal period has been completed
E. Appeals. Appeal of the decision-making authority on the request for variance shall be made in accordance with the procedures specified in Section 17.08.060 (Appeals). (Ord. No. 423, § 2, 4-21-2009)
17.10.080 Reasonable accommodation(s).
A. Purpose and intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city. It is the policy of the city, pursuant to the federal Fair Housing Amendments Act of 1988, as amended, and the California Fair Employment and Housing Act, as amended (hereafter "fair housing laws"), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing
B. Requesting reasonable accommodation(s).
1. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city.
2. If an individual needs assistance in making the request for reasonable accommodations) or appealing a determination regarding reasonable accommodation(s), the city planner will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
3. A request for reasonable accommodation(s) with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the city planner at the time that the accommodation may be necessary to ensure equal access to housing.
25 Title 17 - Zoning
Required information. The applicant shall provide the following information when requesting reasonable accommodation(s):
1. A completed city application indicating, among other things, the applicant's name, address, and telephone;
2. Property owner and address of the property for which the request is being made;
3. The current actual use of the property;
4. The zoning code provision, regulation, or policy from which reasonable accommodation(s) is being requested;
5. The basis for the claim that the person(s) for whom the reasonable accommodations) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing usable and accessible to the person(s);
6. If necessary to reach a determination, the city planner may request further information, consistent with fair housing laws, specifying in detail the information that is required.
D. Decision-making authority and approval process.
1. Notwithstanding any other provision of this zoning code, the city planner shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the city planning department, it will be referred to the city planner for review and consideration as a ministerial action unless determined otherwise by the city planner.
The city planner shall issue a written determination of his or her action within 30 days of the date of receipt of a completed application, except that the decision period may be extended to 30 days from the date any information requested under paragraph C subparagraph 6 is submitted by the applicant to the city. The city planner may:
a. Grant or deny the accommodation request; or
b. Grant the accommodation request subject to specified nondiscriminatory condition(s).
2. All written determinations of actions of the city planner shall explain in detail the basis of the decision, including the basis for the findings in Paragraph E and shall give notice of the right to appeal and the right to request reasonable accommodation(s) on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
3. If necessary to reach a determination or action on the request for reasonable accommodation(s), the city planner may request further information from the applicant consistent with the city planning department specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.
26 Title 17 - Zoning
E. Required findings for reasonable accommodations). In making a determination regarding the reasonableness of a requested accommodations), the decision-making authority shall make the following findings:
1. The housing which is the subject of the request for reasonable accommodations) will be used for an individual protected under fair housing laws.
The request for reasonable accommodations) is necessary to make specific housing available to an individual protected under fair housing laws.
3. The requested reasonable accommodations) does not impose an undue financial or administrative burden on the city.
4. The requested accommodation does not fundamentally alter the city's land use and zoning or building program.
F. Appeals. Appeal of the city planner action on the request for reasonable accommodation(s) shall be made in accordance with the following procedures.
1. Within thirty (30) days of the date of the decision-making authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall oe made in writing.
2. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.
3. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
4. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. No. 423, § 2, 4-21-2009)
17.10.090 Sign permit.
A. Purpose. Sign permits provide a mechanism for administrative review and determinations to ensure that signs are consistent with the general plan and provisions of the zoning code.
B. Applicability. A sign permit shall be required for all permanent signs, as defined by this title, prior to the establishment or erection of a new sign or the replacement, alteration, or relocation of an existing permanent sign, as specified in Section 17.42.040 (Permits and review procedures). Where a sign is proposed, no building permit may be issued until a sign permit has first been approved and issued.
Procedures.
1. The city planner, or his or her designee, shall be the decision-making authority for sign permits.
27 Title 17 - Zoning
2. Multiple sign applications. When an application proposes two or more signs on the same property and/or as part of the same tenant, the applications may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
C. Submittal timing. Timing. An application for a sign permit for a permanent sign shall be submitted to the city planning department at the time the building permit application is submitted to the building department.
D. Approval findings. The decision-making authority may approve a sign permit when the sign permit application and the sign itself comply with the standards and requirements of this title. A sign permit application may be approved subject to conditions, so long as those conditions are not in conflict with this title or some other applicable law, rule, or regulation. (Ord. No. 423, § 2, 4-21-2009)
17.10.100 Creative sign program.
A. Purpose. The purpose of a creative sign program is to provide a process for property owners and businesses to propose, and the city to consider, special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign program also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign program is to:
1. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a creative sign program in order to allow a sign that may require standards that differ from the signage provisions of this title, but comply with the purpose and findings for creative sign program. Establishments that are eligible for creative sign programs include any commercial, office, or industrial use in the city and specifically include any such use within the historic (H) overlay district.
C. Decision-making authority and procedures.
1. The city planner, or his or her designee, shall be the decision-making authority for creative sign programs.
2. Multiple signs. One creative sign program application may be submitted for multiple signs, provided all signs are on the same property and/or as part of the same tenant.
In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial. 28 Title 17 - Zoning
3. Public hearing. No public hearing shall be required for a creative sign program, except as set forth below:
a. Notice of the filing of an application for a creative sign program shall be mailed to persons owning property within 300 feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice of application shall advise persons that plans for the project are available for public review at city hall. The notice shall also indicate that the decision-making authority will take final action on the application unless a written request for hearing is received by the city planning department on or before the date specified in the notice, which shall be at least ten working days from the date of mailing. b. If no timely written request for hearing is filed, the application shall be administratively approved by the decision-making authority if it is deemed to be consistent with the deviations and considerations for creative sign programs. c. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the planning commission.
d. Notwithstanding the foregoing, the decision-making authority may elevate any project to a planning commission decision if, in the opinion of the decision- making authority, such project is not in substantial conformance with the intent of the creative sign program, or if the decision-making authority determines that the location, size, or design of the project warrants a hearing before the planning commission.
4. Revocation or cancellation. The city planner shall revoke any creative sign program upon refusal by the permit holder to comply with the provisions of the creative sign program after written notice of noncompliance and at least 30 days opportunity to correct. In the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety, the city planner shall revoke the creative sign program and order immediate correction of the safety hazard.
D. Submittal requirements.
1. Timing. An application for a creative sign program shall be submitted to the city planning department prior to submittal of an application for a sign permit.
2. Application contents. The application for creative sign program shall be made on a form as prescribed by the city planning department and shall be accompanied by the information identified on the form. The information shall include, but is not limited to, the following:
a. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form; 29 Title 17 - Zoning
b. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property;
c. Preliminary information indicating how the sign will be constructed and/or mounted to a building or structure;
d. Location, size, structure, and other descriptive information required by the city planning department; and
e. Such other information as the city planning department may reasonably request to determine that the proposed application is in full compliance with the provisions of this title, the City Code, and other applicable law. The message proposed to be displayed on the sign is not required, but may be shown at the option of the applicant.
E. Deviations allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign program and may, upon written findings, be approved by the decision-making authority:
1. Increases in maximum allowed area for permanent signs on the subject site;
2. Allowances for types of lighting not otherwise permitted by this title;
3. Allowances for types of signs not specifically permitted by this title; and
4. Allowances for signs to exceed the maximum height requirements).
F. Considerations and basis for deviations. In approving an application for a creative sign program and any deviations from the signage standards of this title, the decision-making authority shall ensure that the proposed sign meets the following criteria:
1. Design quality. The sign shall:
a. Have a positive visual impact on the surrounding area; b. Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c. Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
2. Contextual criteria. The sign shall contain at least one of the following elements:
a. Classic historic design style;
b. Creative image reflecting current or historic character of the city; or c. Inventive representation of the logo, name, or use of the structure or business.
3. Architectural criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.
30 Title 17 - Zoning
4. Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.
G. Findings. A creative sign program shall be granted only when the decision-making authority makes all of the following findings:
1. The proposed creative sign program is consistent with the objectives of the general plan;
2. The proposed signage is consistent with the purposes of the creative sign program;
3. The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title. (Ord. No. 423, § 2, 4-21-2009)
17.10.110 Uniform sign program.
A. Purpose. The uniform sign program provides a process for the city's review of and decisions related to requests for signs for multi-tenant projects. The intent of the uniform sign program is to allow the integration of a project's signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects, as well as to encourage design flexibility without circumventing the intent of this Code.
B. Applicability. A uniform sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant or mixed use developments of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities as specified in Section 17.42.040 (Permits and review procedures).
Standards and content. The uniform sign program shall include criteria for building-attached and freestanding signs for tenants, anchors, and the integrated development itself to establish consistency of sign type, location, logo and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the uniform sign program adopted for the development. The message substitution policy of Chapter 17.42 shall be deemed incorporated in every uniform sign program, even if the uniform sign program documents do not explicitly so state. Maximum size, location, height, setback, and other development standards for signs in the uniform sign program shall be consistent with the standards of this title.
D. Approval findings. A uniform sign program, or revisions thereto, may be approved, approved with conditions, or denied by the decision-making authority based upon findings of fact that the proposed sign program (or revision thereto) is consistent with the standards for uniform sign programs as established in the city's zoning code. (Ord. No. 423, § 2, 4-21-2009)
31 Title 17 - Zoning
17.10.120 Temporary use permit.
A. Purpose. Temporary use permits (TUP) provide a process for ministerial review and determinations to allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The temporary use permit applicant must demonstrate the application is consistent with Code requirements.
B. Applicability. A temporary use permit allows the short-term activities listed in Chapter 17.220 (Temporary uses).
C. Approval findings. The city planner shall make the following findings to approve or conditionally approve a temporary use permit application:
The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the
3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.
4. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this zoning code. The decision-making authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.
D. Conditions of approval. In approving a temporary use permit, the city planner may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off- site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings. (Ord. No. 423, § 2, 4-21-2009)
17.10.130 Development agreements.
A. Purpose. This section establishes procedures and requirements for the review and approval ot delet age prents or alpid for en meant of sed use
65869.5. The city council finds and declares the use of development agreements is beneficial to the public, in that:
1. Development agreements increase the certainty in the approval of development projects thereby preventing the waste of resources, reducing the cost of development 32 Title 17 - Zoning
to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B. Qualified applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the development agreement (or his or her authorized agent) may submit an application for a development agreement.
Flexibility of development regulations. Unless preempted by state or federal law, any development agreement if adopted by the city may modify development rules, regulations, and policies governing permitted uses of land, and density, and governing design, improvements, construction standards and specification, and phasing applicable to development of the property involved in the agreement.
Nothing contained in these regulations shall prevent the developer or the city from proceeding with normal tentative map or final map processes on any phase of a development which is the subject of a development agreement at any time during its term.
D. Submittal requirement. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement, in addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a development agreement:
1. A completed city application form indicating, among other things, the applicant's name, address, and telephone number;
2. Address of the property for which the request is being made;
3. Detailed project description;
4. Description of public benefits that will result from the agreement; and
5. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
E. Findings. A development agreement may only be granted when the city council makes all of the following findings specifying that the development agreement:
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1. Is consistent with the objectives, policies, and general land uses specified in the general plan and any applicable specific plans;
2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice;
3. Will not be detrimental to health, safety, and general welfare of the city;
4. Will not adversely affect the orderly development of property or the preservation of property values; and
5. Provides sufficient benefit to the community to justify entering into the agreement.
F. Approval of development agreement. A development agreement is a legislative act and shall be approved by the city council by ordinance. The mayor shall execute any development agreement approved by the city council.
G. Amendment and cancellation of agreement. Either party may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Where, however, the city initiates the proposed amendment or cancellation, it must first notice the property owner of its intent at least 15 days in advance.
H. Recordation. Within ten days after the city enters into the development agreement, or any amendment thereof, the city clerk shall cause the agreement or amendment to be recorded with the county recorder. Additionally, the city clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.
I. Periodic review. The city manager shall review the development agreement every 12 months from the date the development agreement is entered into and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the city manager finds that any aspect of the development project is not in strict compliance with the terms of the development agreement or may warrant consideration by the decision-making authority, the city manager may schedule the matter before the appropriate decision-making authority for review. (Ord. No. 423, § 2, 4-21-2009)
17.10.140 Planned development.
A. Purpose and applicability. The purpose of the planned development district is to provide procedures for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans and of those areas that require special planning to provide for appropriate planned development in harmony with 34 Title 17 - Zoning
their natural features and other environmental consideration. In the event there is an inconsistency or conflict between an adopted planned development and comparable provisions of this title, the planned development shall prevail. This section describes the process for adoption, amendments, and subsequent development permitted under a planned development. Chapter 17.26 (Special purpose districts) describes planned development districts and adopts it by reference.
B. Initiation of planned development zoning. Proposals to establish a planned development or planned development district may be initiated by the city or by any person in the same manner as a zoning amendment as provided in this zoning code.
C. Application contents. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for planned development:
1. Either a request for a conditional use permit for all proposed development or a master plan for the proposed development;
2. The following required data:
a. Topographic map showing natural features of site and adjacent property, and location of proposed facilities and roads;
b. Description of existing site, including vegetation, wildlife, natural features, and present services, access, and land use;
c. Description of clearing, grading, excavating, filling, and other land alterations to be performed;
d. Description of proposed uses and structures, landscaping, fencing, services, streets, utilities, and other facilities;
e. Other information as required by the city planning department, city planner, or planning commission, including but not limited to detailed construction, improvement, utility, and drainage plans and other data as is deemed necessary to adequately consider the proposed development; and
f. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
D. Required contents of a master plan. When a master plan is being established for the planned development, the master plan shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the planned development submittal:
1. A list of permitted, conditionally permitted, and prohibited uses;
2. Performance and development requirements related to yards, lot area, intensity of development on each lot, parking, landscaping, and signs;
3. Other design standards appropriate for the specific site and development; 35 Title 17 - Zoning
4. Legal description of property covered by the master plan; and
5. Reasons for establishment of a planned development master plan on the particular property.
F. Additional contents of a master plan. Additional contents may be required as determined by the city planner including, but not limited to, the following:
1. Regulations relating to nonconforming lots, uses, structures, and signs;
2. Time, phasing, and sequence of development projects;
3. Infrastructure plan; and
4. Circulation plan.
G. Findings. The decision-making authority shall make the following findings to approve a planned development:
1. The proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of planned development zoning;
2. The site is physically suited for the proposed uses;
3. The proposed uses do not significantly detract from the natural and scenic values of the site;
4. Adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.
H. Conditions. The decision-making authority may attach such conditions to the planned development district as are deemed necessary to insure compliance with the intent and purpose of planned development zoning, including but not limited to height, area, lot and setback requirements; design standards; access, road and revegetation/landscaping requirements; dedications and use restrictions.
1. Action/adoption. Adoption of the planned development by ordinance of the city council shall constitute final action and approval of the planned development. Authorization for construction in accordance with the planned development may only be granted after the effective date of the action.
Delineation of planned development areas. On the zoning map, a planned development district shall be delineated in a manner similar to that of any other zoning district except that each planned development zoned area shall also bear a number, text, or other symbol which distinguishes it from other planned development areas. See Section 17.26.030 (Planned development zoning districts).
K. Environmental review. It is anticipated, under the California Environmental Quality Act and implementing guidelines, that most planned development approvals will require preparation of either a mitigated negative declaration (MND) or an environmental impact report (EIR). Once adopted or certified, the MND or EIR for a master plan may be relied upon for further entitlements sought subsequent to adoption of the planned development master plan (e.g., site plan review). Unless otherwise exempt, an initial study shall be 36 Title 17 - Zoning
prepared for all subsequent entitlements to determine whether a supplement to the MND or EIR must be prepared. In the event that a supplement to the MND or EIR is determined not to be necessary, a negative declaration or mitigated negative declaration for the project shall be prepared.
Subsequent development in a planned development for which there is no master plan. When a master plan was not established as part of the establishment of a planned development zone (e.g., when a request for the zone change to planned development and for a use permit for all proposed developments was approved) and a use is proposed that was not covered in the previous approval, a conditional use permit shall be required for all subsequent development and uses (in addition to any other required entitlement, e.g., site plan review), or a master plan providing for a range of uses shall prepared and considered.
The master plan shall be prepared consistent with the provisions of Subsection F. (Required contents of a master plan). In approving subsequent development in a planned development for which there is no master plan, the decision-making authority shall make the following findings:
1. That the proposed uses are so designed as to result in an appropriate overall development consistent with the purposes of planned development zoning as applied to the subject site;
2. That the site is physically suited for the proposed use(s); and
3. That adequate services are available for the proposed uses, including but not limited to water supply, sewage disposal, roads, and utilities.
M. Application for amendment to the planned development zone. The procedures for amending a planned development zone (including amendments to the master plan or establishing a master plan where one previously did not exist) shall be the same as for any amendment to the zoning code, as set forth in Section 17.10.150, including the necessary findings in Section 17.10.150 E. (Findings for zoning amendment (text or map)).
Application of planned development requirements. Where specific conditions of the planned development (including master plan) are more restrictive than the zoning code development standards, the conditions of the planned development shall apply. Where a standard is not addressed in the planned development, the zoning code shall apply. (Ord. No. 423, 8 2, 4-21-2009)
17.10.150 Specific plans.
A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with California Government Code Section 65450, et. seq. This section describes the process for adopting, amending, and subsequent 37 Title 17 - Zoning
development under a specific plan. Chapter 17.26 (Special purpose districts) describes the individual specific plan districts and adopts them by reference.
B. Applicability. The city's general plan encourages preparation of specific plans and identifies certain areas of the city which require specific plans for development. Specific plan zoning may be considered for other areas of the city.
C. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirements for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following the submitted for a specific plan:
1. A draft of the proposed specific plan document and relevant map(s) that includes all of the necessary components as listed in Subsection D. (Contents); and D. Contents. In addition to the state minimum content requirements of California Government Code Section 65451, the following items outline the city's content requirements for an application:
1. Statement of the relationship of the specific plan to the general plan.
2. Policies for development and standards for regulating development within the plan area.
3. The proposed land uses for all areas covered by the plan.
4. The types and configurations of buildings to be included in all developments within the plan area.
5. The location of and types of streets.
6. Public facilities and infrastructure required to serve developments within the specific plan area.
7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8. Proposed conservation, open space and/or recreation areas, if any.
9. Any other programs, guidelines or standards appropriate for the area covered by the plan.
E. Environmental review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F. Findings. Specific plans and any amendment thereto shall be approved/adopted only when the city council makes the following findings:
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1. The proposed specific plan is consistent with the general plan goals, policies, and implementation programs.
2. The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.
3. The administration and permit processes within the specific plan are consistent with the administration and permit processes of the zoning code.
G. Adoption. Adoption of the specific plan by ordinance of the city council shall constitute final action and approval of the specific plan. Authorization for construction in accordance with the specific plan may only be granted after the effective date of the adoption.
H. Delineation of specific plan areas. On the zoning map, a specific plan zoning district shall be delineated in a manner similar to that of any other zoning district except that each SP- zoned area shall also bear a number, text, or other symbol which distinguishes it from other specific plan areas. See Section 17.26.020 (Specific plan zoning districts).
Application of specific plan development requirements. Where specific conditions of the specific plan are more restrictive than the zoning code development standards, the conditions of the specific plan shall apply. Where a standard is not addressed in the specific plan, the zoning code shall apply.
(Ord. No. 423, § 2, 4-21-2009)
17.10.160 Prezoning.
A. Purpose. The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the city, within the sphere of influence. This section is consistent with California Government Code Section 65859.
B. Procedure. The procedure, review, and action for prezoning are the same as that established for a zoning code amendment pursuant to Section 17.10.150 (Zoning code amendment). (Ord. No. 423, § 2, 4-21-2009)
17.10.170 Zoning code amendment.
A. Purpose. The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with California Government Code Section 65853.
B. Initiation of amendment. A zoning amendment to this title may be initiated by motion of the planning commission or city council, by application by property owners) of parcel(s) to be affected by zoning amendment, or by recommendation of the city planner to clarify text, address changes mandated by state law, maintain general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
39 Title 17 - Zoning
C. Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a zoning code amendment when initiated by the property owners) of parcel(s) to be affected by the zoning amendment:
1. Maps showing the existing and proposed zoning designations for the subject property(s) when the proposed zoning amendment is for a map amendment;
2. The proposed text of the proposed zoning amendment when the proposed zoning amendment is for a text amendment; and
3. Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
D. Findings for zoning amendment (text or map). Zoning amendments shall be granted only when the city council makes the following findings:
1. The proposed zoning amendment (text or map) is consistent with the general plan goals, policies, and implementation programs.
E. Conditions/restrictions. When considering an application for a zoning amendment to rezone property, the city council has the authority to impose restrictions on property including use restriction.
F. Action/adoption. Adoption of the zoning amendment by ordinance of the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action.
(Ord. No. 423, § 2, 4-21-2009)
17.10.180 General plan amendment.
A. Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).
B. Frequency of amendment. Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
C. Initiation of amendment. A general plan amendment may be initiated by motion of the planning commission or city council, by application by property owners) of parcel(s) to be affected by general plan amendment, or by recommendation of the city planner to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
40 Title 17 - Zoning
Submittal requirements. Section 17.08.010 (Application submittal) identifies the requirement for submittal of any application to the city for permit or entitlement. In addition to this general requirement, the city shall require, at a minimum, that the following be submitted for a general plan amendment when initiated by the property owners) of parcel(s) to be affected by the general plan amendment:
1. Maps showing the existing and proposed general plan designations for the subject property(s) when the proposed general plan amendment is for a map amendment;
2. The proposed text of the proposed general plan amendment when the proposed general plan amendment is for a text amendment; and
Such other relevant information as may be requested by the city planner or his or her designee in order to provide the decision-making authority with adequate information on which to base a decision.
E. Findings for general plan amendment (text or map). In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial benefit to be derived from such amendment.
F. Adoption. Adoption of the general plan amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon the effective date of the action.
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.12 INTERPRETATION
17.12.010 Purpose.
The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure the consistent interpretation and application. (Ord. No. 423, § 2, 4-21-2009)
17.12.020 Applicability and authority for interpretations.
If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the city planner to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this chapter:
A. The classification of a particular use;
B. The development standards applicable to a particular zoning district or use; or C. Zoning boundaries.
(Ord. No. 423, § 2, 4-21-2009)
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17.12.030 Rules of interpretation.
A. Terminology. When used in this title, the following rules apply to all provisions of this title:
1. Language. The words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.
2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and including" shall mean "including but not limited to.."
B. Zoning regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted
Number of days. Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.
D. Minimum requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
(Ord. No. 423, § 2, 4-21-2009)
17.12.040 Record of interpretation.
Whenever the city planner determines that an ambiguity in a zoning regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of the chapter, the city planner shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted together with an explanation of the meaning or applicability of the provisions) in the particular or general circumstances that caused the need for interpretation. The city planner shall make an interpretation based on his or her judgment and understanding of the current code.
Any provision determined by the city planner to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical. The city planner shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. The applicant or property owner initiating the request for such interpretation shall receive a notice of action, including the record of interpretation and information regarding the city's appeal procedures. All recorded interpretations shall also be provided to the planning commission, city manager, city attorney, and city council in writing 42 Title 17 - Zoning
(Ord. No. 423, § 2, 4-21-2009)
17.12.050 Appeals.
Interpretations by the city planner may be appealed to the planning commission as specified in Section 17.08.060 (Appeals). Following appeal, if the applicant disagrees with the commission's determination, the applicant may appeal to the city council. (Ord. No. 423, § 2, 4-21-2009)
Chapter 17.14 ENFORCEMENT
17.14.010 Purpose and intent.
The purpose of these provisions is to identify enforcement authority and provisions for enforcement of this title.
(Ord. No. 423, § 2, 4-21-2009)
17.14.020 Enforcement authority.
Enforcement of this title shall be the responsibility of the city planner or his or her designee. The city planner shall investigate all matters of zoning code violations and, if a violation exists, the city shall take enforcement action pursuant to Chapter 1.10 (Administrative enforcement provisions). (Ord. No. 423, § 2, 4-21-2009)
17.14.030 Violation-Deemed nuisance.
Any building or structure, or any use of property contrary to or in violation of this title is unlawful and is deemed a public nuisance. All nuisance abatement and enjoinment proceedings shall be conducted in accordance with Chapter 1.10 (Administrative enforcement provisions), as well as relevant provisions of state law.
(Ord. No. 423, § 2, 4-21-2009)
Chapter 17.16 NONCONFORMING USES, BUILDINGS, STRUCTURES, AND LAND[2]
17.16.010 Purpose.
This section provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments.
It is the intent of this zoning code to allow for the long-term continuance of nonconformities in an orderly manner, and provide for their possible transition to a conforming condition. (Ord. No. 455, § 4, 12-6-2011 )
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17.16.020 Regulations to apply.
The regulations set forth in Sections 17.16.020 through 17.16.140 shall apply to all nonconforming buildings and structures, or parts thereof, and uses existing at the effective date of this title. (Ord. No. 455, § 4, 12-6-2011 )
17.16.030 Building or structure.
A. Continued Use of a Nonconforming Building or Structure. Any nonconforming building or structure may be continued and maintained, including necessary maintenance and repair.
B. Legal Expansion of a Nonconforming Building or Structure. A nonconforming building or structure may be enlarged, extended, or otherwise added onto, or otherwise altered, provided such modifications do not extend the nonconforming aspects of the structure or result in any new nonconforming conditions for the subject property. (Ord. No. 455, § 4, 12-6-2011 )
17.16.040 Uses.
Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title. An existing nonconforming use may be enlarged or expanded upon application for, and approval by the decision-making authority, a conditional use permit. (Ord. No. 455, § 4, 12-6-2011 )
17.16.050 Loss of nonconforming use status.
A. Change to a Conforming Use. Any part of a building, structure, or land occupied by a noncontorming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by the prior nonconforming use.
B. Abandonment or Discontinuance. Any part of a building, structure or land occupied by a nonconforming use, while use is abandoned, shall not again be used or occupied by such a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use, which use is discontinued for a period of more than 36 months, shall not again be used or occupied for a nonconforming use.
(Ord. No. 455, § 4, 12-6-2011 )
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17.16.060 Reserved.
17.16.070 Reserved.
17.16.080 Reserved.
17.16.090 Nonconforming parcels of land.
A. Legal Building Site. A nonconforming parcel that does not comply with the applicable area or width requirements of this zoning ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the city planner by evidence furnished by the applicant:
1. Approved Subdivision. The parcel was created by a recorded subdivision;
2. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the Zoning amendment that made the parcel nonconforming;
3. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or
4. Partial Government Acquisition. The parcel was created in compliance with the provisions of this zoning ordinance, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.
B. Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. No. 455, §4, 12-6-2011 )
17.16.100 Signs, billboards, etc.
The city's policy for nonconforming signs, billboards, and other such structures shall be as defined in Chapter 17.42 (Signs on Private Property).
(Ord. No. 455, § 4, 12-6-2011 )
17.16.110 Nonconformance due to change of regulations.
The provisions of Sections 17.16.010 through 17.16.090 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, that where a period of years is specified in Sections 17.16.010 through 17.16.090 for the removal of nonconforming buildings, structures or uses, said period shall be computed from the date of such reclassification or change. (Ord. No. 455, § 4, 12-6-2011 )
45 Title 17 - Zoning
17.16.120 Public utilities.
The provisions of this chapter shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment, and facilities where there is no change of use or increase in area of property so used.
(Ord. No. 455, § 4, 12-6-2011 )
17.16.130 Building under construction.
Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced within 60 days after the issuance of said permit and diligently prosecuted to completion. (Ord. No. 455, § 4, 12-6-2011 )
17.16.140 Reconstruction of damaged and nonconforming buildings.
If a nonconforming building or structure is damaged by fire, explosion, or acts of God, subsequent to the effective date of this title, such building or structure may be reconstructed in a manner that does not increase or enlarge the area, space, or volume occupied or devoted to such nonconforming use, under the following terms: (1) all such reconstruction shall be performed under one building permit, (2) all such reconstruction shall be initiated within a period of three years from date of damage, and (3) all such reconstruction shall be diligently pursued to completion. Nothing in this section shall be construed to allow an unsafe structure or condition to exist on the site of such damage.
A. If the expense of such reconstruction is less than or equal to 60 percent of the assessed value of the building or structure at such time just prior to the damage occurring, the building or structure may be reconstructed upon issuance of a ministerial building permit.
B. If the expense of such reconstruction is more than 60 percent of the assessed or appraised value of the building or structure at such time just prior to the damage occurring, whichever is appropriate, the building or structure may only be reconstructed upon issuance of a conditional use permit from the decision-making authority.
(Ord. No. 493, § 3, 7-18-17; Ord. No. 455, § 4, 12-6-2011)
17.16.150 Re-establishment of nonconforming structures voluntarily removed.
In the event a property owner desires to re-establish a legal nonconforming structure after voluntary removal, the property may do so but only upon satisfying the following requirements:
A. The property owner first applies for, and is issued, a building permit for the re-established structure and the structure is constructed in compliance with the city-adopted building code in effect at the time of permit issuance.
46 Title 17 - Zoning
B. The size, scale, and location of the structure are the same as the prior structure. The burden shall be on the property owner to provide information satisfactory to the city to document the setbacks, height, and other physical characteristics of the prior structure necessary to review and approve the building permit for the re-established structure.
C. The structure is re-established within five years of being voluntarily removed (Ord. No. 455, § 4, 12-6-2011 )
17.16.160 Nonconforming due to lack of use permit.
A. Conformity of Uses Requiring Conditional Use Permits. A use lawfully existing without a conditional use permit that would be required by this title to have conditional use permit approval shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).
B. Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit but is not allowed by this title in its current location may continue, but only in compliance with the original conditional use permit.
(Ord. No. 455, § 4, 12-6-2011 )
Footnotes:
-- 2) --
Editor's note— Ord. No. 455, § 4, adopted December 6, 2011, amended Chapter 17.16 n its entirety to read as herein set out. Former Chapter 17.16, 8§ 17.16.010
7.16.170, pertained to nonconforming uses, and derived from Ord. No. 423 adopted April, 21, 2009.
47 Title 17 - Zoning
ARTICLE II. ZONING DISTRICTS, ALLOWED USES, AND
DEVELOPMENT STANDARDS
Chapter 17.20 • ESTABLISHMENT OF ZONING DISTRICTS AND LAND USE
CLASSIFICATION SYSTEM
17.20.010 Chapter purpose.
This chapter establishes the framework of zoning districts within the City of lone and their relationships to the city's general plan land use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.020 Zoning districts.
Zoning districts are established in order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population; for these purposes, classes of land use zones are established.
The City of lone is divided into zoning districts that are generally grouped into three categories: A) base zoning districts, B) special purpose zoning districts, and C) overlay zoning districts. These districts implement the city's general plan land use categories as described in Table 17.20.020-1 (Zoning districts). Each zone is further defined and regulated in subsequent chapters of this article.
A. Base Zoning Districts. The base zoning district is the primary zoning district that applies to a property. Every parcel throughout the city has a base zoning district that establishes the primary type and intensity of land use for the parcel and provides development regulations for that particular type and intensity of land use. Base districts are grouped into three categories as follows:
1. Agricultural and residential zoning districts;
2. Commercial and industrial zoning districts;
3. Public/quasi public districts.
B. Special Purpose Zoning Districts. The special purpose zoning district supplements the base zoning district to allow for more flexibility from the standard provisions of the underlying base zoning district. Special purpose zoning districts are grouped into two categories as follows:
1. Specific plan zoning districts;
2. Planned development zoning districts;
C. Overlay Zoning Districts. An overlay zoning district supplements the base zoning district for one or more of the following purposes:
48 Title 17 - Zoning
When special provisions are needed to protect unique site features or implement location-specific provisions; and/or
2. To specify a particular standard or guideline for an area.
D. In the event of a conflict between the regulations of the base zoning district and the special purpose zoning district, the provisions of the special purpose zoning district shall apply.
E. When an overlay zoning district is silent on allowed use provisions, the allowed use provisions of the base zoning district shall prevail. In the event of a conflict between the regulations of the base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply.
Table 17.20.020-1: Zoning Districts
Zoning District General Plan Land Use Designation
Symbol Zoning District Name/Description Implemented by Zoning District Agricultural Zoning Districts
A Agricultural General Agriculture
Residential Zoning Districts
R-la One-family Dwelling Low Density Residential
R-1b One-family Dwelling Low Density Residential
R-1C One-family Dwelling Rural Residential
R-2 Limited Multiple-family Dwelling Low Density Residential Medium Density Residential
Downtown Transition
R-3 Multiple-family Dwelling Medium Density Residential R-4 High Density Multiple-Family Dwelling High Density Residential MP Mobile Home Park Medium Density Residential
Commercial and Industrial Zoning Districts
C-T Commercial-Transition Downtown Transition
C-1 Light Commercial General Commercial
C-2 Central Business District Commercial Central Business District C-3 Heavy Commercial General Commercial
BP Business Professional Office-Commercial
M-1 Limited Manufacturing and Industrial Light Industrial M-2 Heavy Industrial and Mining Heavy Industrial
Surface Mining
Public/Quasi Public Zoning Districts
O-S Open Space Open Space
PCS Parks and Community Service Parks and Recreation
PF Public Facilities Public Service
49 Title 17 - Zoning
Zoning District General Plan Land Use Designation
Symbol Zoning District Name/Description Implemented by Zoning District Special Purpose Zoning Districts
S-P Specific Plan All
P-D Planned Development All
Overlay Zoning Districts
H Historic Overlay All
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.030 Conformance with zoning district regulations.
Except as provided in this title:
A. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than listed in this title, or amendments thereto, as permitted in the zones in which such land, building or premises is located.
B. No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title, or amendments thereto, for the zone in which such building is located.
C. No building shall be erected nor shall any existing building be moved, altered or enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building-site requirements and the area and yard regulations established by this Title, or amendments thereto, for the zone in which such building is located.
D. No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.040 Zoning map.
The city council hereby adopts the City of lone Zoning Map (hereafter referred to as the "zoning map") as the official designation of zoning district boundaries on real property within the city. The zoning map shall be regulated as set forth:
A. Incorporated by Reference. The zoning map is hereby incorporated into this zoning code by reference as though it were fully included
B. Relationship to the General Plan and Other Plans. The zoning map shall implement and shall be consistent with the city's adopted general plan. The zoning map shall be specifically 50 Title 17 - Zoning
consistent with the general plan land use plan and the roadway sizing diagram, and any adopted specific plans or planned developments.
C. Zoning District Symbol. Zoning districts shall be illustrated on the zoning map as follows:
1. Each base zoning district shall be described on the zoning map by use of its identified zoning district symbol, as listed in Table 17.20.020-1 (Zoning Districts).
2. Special purpose zoning districts shall be delineated with a name, number, symbol, or other delineation, as determined by the city planner, which distinguishes it from other special purpose zones, base zoning districts, or overlay zones. The assignment of the special purpose designation serves to provide a reference to the corresponding special purpose zoning document (e.g. specific plan, planned development) adopted by ordinance of the city council.
3. Overlay zoning districts shall be designated by their representative symbol along with the base zoning district in a format determined by the city planner.
D. Zoning Map Interpretation. If there is uncertainty about the location of any zoning district boundary shown on the zoning map, the precise location of the boundary shall be determined by the city planner as follows:
1. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
2. In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.
3. In case any uncertainty exists, the planning commission shall determine the location of boundaries.
4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or
5. Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.
6. All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as R-la zone.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.050 Classification of land uses.
In order to simplify land use regulations, land uses listed in this article and throughout this title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These general allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or 51 Title 17 - Zoning
activity that may appropriately be within the classification. Each land use is described in Chapter
17.310 (Allowed use definitions).
The following rules apply to use classifications:
A. Special Use Regulations. Additional use regulations for special land uses are listed in Article IV (Standards for specific residential uses) and Article V (Standards for specific non- residential uses).
B. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this title.
C. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city.
D. Special Purpose Zoning District. When a property is located within a special purpose zoning district, the allowed use provisions of that special purpose zoning district shall prevail.
When a special purpose zoning district is silent on allowed use provisions, it defers the allowed use provisions to the base zoning district. Only where there is a conflict do the special purpose zoning district provisions prevail.
E. Similar Uses. When a use is not specifically listed in this Code, it shall be understood that the use may be permitted if the city planner determines that the use is similar to other uses listed based on established criteria and required findings outlined in Section 17.20.070 (Similar use determination). It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the city planner may make a similar use determination to compare a proposed use and measure it against F. Overlay Zoning District. When a property is located within an overlay zoning district that regulates the allowed use provisions of that subject property, the allowed use regulations of the overlay zoning district shall prevail. When an overlay zoning district is silent on allowed use provisions, it defers to the allowed use provisions of the base zoning district.
Where there is a conflict between the base zoning district and the overlay zoning district, the regulations of the overlay zoning district shall prevail. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.060 Allowed land uses and permit requirements.
Zoning district allowed use tables throughout this Article (Tables 17.22.030-1, 17.24.030-1, and
17.25.030-1) identify allowed land use and permit requirements in each of the city's base zoning districts. Generally, a use is allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the permit requirements of this title, other permits may be required prior to establishment of the use (e.g., building permit). The permitting requirements identified in these tables are:
52 Title 17 - Zoning
A. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, site plan review).
B. Conditional (C). A land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit from the decision- making authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, site plan review).
C. Not Permitted ("N"). A land use shown with an "N" in the table is not allowed in the applicable zoning district. Additionally, uses not shown in the table are not permitted. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.20.070 Similar use determination.
When a use is not specifically listed in this title, it shall be understood that the use may be permitted if the city planner determines that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, this section establishes the city planner's authority to compare a proposed use and measure it against those uses listed in this title for determining similarity. In determining "similarity" the city planner shall make all of the following findings:
A. The characteristics of, and activities associated with the proposed use, are equivalent to one or more of the listed uses, and will not involve a higher level of activity or population density than the uses listed in the district;
B. The proposed use will be consistent with the purposes of the applicable zoning district; and C. The proposed use will be consistent with the general plan and any applicable specific plan.
Determinations shall be made in writing and shall contain the facts that support the determination.
The department shall maintain all such determinations on record at the public counter for review by the general public. All recorded determinations shall be provided to the planning commission, city council, city manager, city attorney, and city clerk. The city planner's decision may be appealed as provided in Section 17.08.060 (Appeals). Interpretations shall be made consistent with the provisions outlined in Chapter 17.12 (Interpretation).
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.22 AGRICULTURAL AND RESIDENTIAL DISTRICTS
17.22.010 Chapter purpose.
The purpose of this chapter is to establish agricultural and residential zoning districts in the city, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the city's general plan agricultural land use categories (agricultural transition and agricultural/mineral resources) and residential land use categories (residential low density and residential medium density) as shown in Table 17.20.020-1 (Zoning districts). 53 Title 17 - Zoning
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.22.020 Characteristics of agricultural and residential zoning districts.
The following descriptions of each agricultural and residential zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district.
A. Agricultural (A) Zoning District. This district is intended to preserve land for agricultural use and operations and to discourage the premature conversion of agricultural land to urban uses. The district allows for a range of agricultural and compatible uses on large tracks of land, such as raising and grazing of livestock, poultry, or other animals; growing and harvesting of trees, fruits, vegetables, flowers, grains, or other crops; storage, packing or processing of agricultural products produced on the property, without changing the nature of the products; sale on the property of products produced thereon, provided that such uses are carried on by residential use thereof, and are not a nuisance to the contiguous properties; and one-family dwellings and single guesthouses, with the renting of not more than one room.
B. One-family Dwelling (R-1) Zoning Districts. These single-family zoning districts are established to provide sufficient space in appropriate locations for single-family residential development to meet the needs of the city's present and expected future population with due allowance for the need for a choice of sites. There are three individual one-family districts as listed below. The general character of each of the districts intended to help guide development within the district, consistent with and accompanying applicable descriptions in the general plan as established by Table 17.20.020-1 (Zoning districts).
1. R-la One-Family Zoning District: This district should be applied to areas that are primarily residential, consisting of one-family dwellings. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
2. R-1b One-Family Zoning District: This district should be applied to areas that are semi- rural but primarily residential in nature and supportive of small-scale animal keeping.
Residential dwelling types consist of single-family dwellings. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
3. R-1c One-Family Zoning District: This district should be applied to areas that are primarily semi-rural in nature, consisting of single-family dwellings and supportive of small-scale animal keeping. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
Multiple-family Dwelling (R) Zoning Districts. These districts are established to provide sufficient space in appropriate locations for multiple-family residential development to meet the needs of the city's present and expected future population with due allowance for the need for a choice of sites. There are three individual multiple-family districts as listed below. The general character of each of the districts is intended to help guide development within the district, consistent with and accompanying applicable descriptions in the general plan as established by Table 17.20.020-1 (Zoning districts). 54 Title 17 - Zoning
1. R-2 Limited Multiple Family Dwelling Zoning District: This district should be applied to areas intended for the development of higher density single-family homes (attached or detached) and medium density homes, such as condominiums, duplexes, tri-plexes, and four-plexes, in addition to small apartment complexes. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
R-3 Multiple-family Dwelling Zoning District: This district should be applied to areas intended for the development of higher density single-family homes (attached or detached) and medium density homes, such as condominiums, duplexes, tri-plexes, and four-plexes, in addition to multiple-family housing, such as apartment complexes.
This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
3. R-4 High Density Multiple Family Zoning District: This district should be applied to areas intended for the development of larger, higher density multiple-family housing complexes, including apartments and condominiums. This district also provides for public and quasi-public uses, such as schools, parks, churches, and nurseries.
D. Mobile Home Park (MP) Zoning District. This district provides for the development of mobile home parks and/or the placement of mobile homes on individual lots within an approved subdivision of lots to accommodate mobile homes as the primary dwelling unit.
The MP zone also allows for the development of associated support uses, such as community centers, parks, and common areas as part of both mobile home parks and mobile home subdivisions.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 55 Title 17 - Zoning
17.22.030 Allowed land uses and permit requirements.
Table 17.22.030-1 (Allowed uses and permit requirements for agricultural and residential zoning districts) below identifies allowed uses and corresponding permit requirements for the agricultural and residential zoning districts subject to compliance with provisions of this title.
Descriptions/definitions of the land uses can be found in Article VI (Glossary). Applicable regulations are identified in Table 17.22.030-1 to assist in identifying related regulations; however, this is not an exhaustive list of all applicable requirements and uses must comply with all application sections of the Zoning Code regardless of the identified related regulations.
Use regulations in the table are shown with representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted.
Table 17.22.030-1: Allowed Uses and Permit Requirements for Agricultural and Residential Zoning Districts Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM = Streamlined Ministerial Review
N = Not Allowed
Residential Uses
Adult Day Care Home SP SP SP SP SP SP
Accessory Dwelling Unit Chapter 17.112
Agricultural Employee Housing SP (a) Section 17.116.030; Chapter
17.114
Caretaker Housing
Dwelling, Multifamily SP SP SP Chapter 17.114
Dwelling, Single Family SP SP SP SP SP1 SP1
Dwelling, Two-Family SP SP SP SP SP SP Chapter 17.114, Chapter
17.118
56 Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM - Streamlined Ministerial Review
N = Not Allowed
Dwelling, Three- and Four-Family SP SP SP Chapter 17.114 Emergency Shelter Section 17.116.040; Chapter
17.114
Employee Housing SP Section 17.16.020
Family Day Care Home, Large Section 17.122.010
Family Day Care Home, Small SP Section 17.122.010
Group Residential Z U Chapter 17.114
Home Occupations Chapter 17.110
Live-Work Facility A ZZ 2ZZ a ZZ AZZ U Chapter 17.114
Low Barrier Navigation Center Section 17.116.060, Chapter
17.114
Manufactured Home, Permanent SP Section 17.116.010
a - a -
Manufactured Home, Non-Permanent
Mobile Home Park SP
Residential Care Home zaz zaz SP
Single Room Occupancy (SRO)
Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM - Streamlined Ministerial Review
N = Not Allowed
Supportive Housing SP SP SP SP SP SP SP SP Section 17.116.050, Chapter
17.114
Transitional Housing SP SP SP SP SP SP SP SP Chapter 17.114 Qualified Streamlined Housing SM SM SM SM SM SM SM Chapter 17.114 Agriculture, Resource, and Open Space Uses
Agricultural Tourism SP
Animal Husbandry Title 6
Animal Keeping-Livestock Animals P 2,3 P 2,3 P 2, 3 P 2,3 Chapter 6.06 (Equine and Bovine Animals)
Animal Keeping—Poultry/Rabbits, > 12 Z Chapter 6.08 (Poultry and animals Rabbits)
Crop Production Z Z Z
Equestrian Facility, Commercial Z Chapter 6.06 (Equine and Bovine Animals)
Hog Farm, Commercial SP 5 Z
Animal Keeping (Non-agricultural)
Animal Keeping-Domestic Pets Title 6
Animal Keeping-Exotic Animals a a a Title 6
Animal Keeping-Poultry/Rabbits. < 6 P 4 P 4 P4 Chapter 6.08 (Poultry and animals Rabbits)
Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) - Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C - Conditional Use Permit
SM = Streamlined Ministerial Review
N = Not Allowed
Animal Keeping-Poultry/Rabbits, 6- C 4 C 4 SP 4 Chapter 6.08 (Poultry and 12 animals Rabbits)
Kennels, Hobby SP Chapter 6.04 (Dog
Licensing and Control)
Equestrian Facility, Hobby SP Z Chapter 6.06 (Equine and Bovine Animals)
Recreation, Education, and Public Assembly Uses
Cemeteries, Mausoleums U U
Clubs, Lodges, and Private Meeting U U U U U U
Halls
Community Centers/Civic Uses U U
Community Garden
Indoor Fitness and Sports Facility UaZU
Libraries and Museums
Outdoor Commercial Recreation
Parks and Public Plazas
Public Safety Facility
Recreational Vehicle Parks UzIU
Religious Institutions U
Title 17 - Zoning
Land Use/Zoning District R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C - Conditional Use Permit
SM = Streamlined Ministerial Review
N - Not Allowed
Resource Protection and Restoration
Resource-Related Recreation
Schools, Private and Special/Studios SP SP
Schools, Public
Utility, Transportation, and Communication Use Listings Airport U Z Z Z
Bus and Transit Shelters
Heliports U U
Park and Ride Facility
Public Safety Facility
Wireless Communication Facility Chapter 17.210
Utility Facility and Infrastructure
Retail, Service, and Office Uses
Adult Day Care Facility Z Z
Bed and Breakfast Inns Z Z U
Child Day Care Facility U U
Kennels, Commercial Z Z Chapter 6.04 (Dog
Licensing and Control)
60 Title 17 - Zoning
Land Use/Zoning District R-la R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P - Permitted, Plan Check
SP(a) - Permitted, Administrative Site Plan Review
SP - Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C - Conditional Use Permit
SM - Streamlined Ministerial Review
N = Not Allowed
Medical Services, Extended Care SP
Medical Services, Hospitals
Residential Care Facility SP
Notes:
1. Single family dwellings are permitted provided the lot size does not exceed 4,000 square feet.
2. Maximum of four animals and their offspring per acre; hogs limited to a total of five and their offspring.
3. Consistent with Chapter 6.06 (Equine and bovine animals), such animals may be maintained provided the exterior boundaries of the pen or stable are at least 100 feet from any school, church, public building, hotel, restaurant, hospital, or other building specially designed or used for the care of the sick or injured or of a residence of any person other than the residence occupied by the owner of the animal or animals. If the distance from the pen or stable is less than 100 feet, then a conditional use permit shall be required.
4. Limit of 12 of any combination of such animals total. Pen must be setback a minimum of 50 feet of any dwelling or other building used for human habitation, 100 feet from the front lot line, and 100 feet from any public park, school, hospital, or similar institution. (Ord. No. 456, § 3, 2-7-2012 ; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 17.22.040 Development standards.
The following development standards in Table 17.22.040-1 (Development standards for agricultural and residential zoning districts) are applicable to the agricultural and residential zoning districts. These standards, along with other development standards (e.g., fences and walls, parking, sign standards) in this title, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development.
Title 17 - Zoning
Table 17.22.040-1: Development Standards for Agricultural and Residential Zoning Districts Development Standard R-1a R-1b R-1c R-2 R-3 R-4
MP
Setbacks (minimum)
Front 25 ft. 20 ft. 25 ft. 25 ft. 20 ft.
20 ft. 20 ft. 20 ft.
Side 5 ft. 1,2 5 ft. 1,2 5 ft. 1,2 15 ft. 2 8 ft. 2 5 ft. 2 10 ft.
Side-Street Side of
12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 8 ft.
Corner Lots n/a
Side-Second Story
Portions of Main 13 ft. 13 ft. 13 ft. 13 ft. 13 ft. 3 15 ft. n/a
Structures
20 ft. or 25% 25 ft. or 25% 20 ft. or 20%
of the depth of the depth of the depth
Rear 25 ft. of the lot, of the lot, 25 ft. of the lot, 15 ft. 20 ft. 10 ft.
whichever is whichever is whichever is
less less less
Lot Size (minimum)
More than More than More than
one unit per one unit per one unit per
parcel: 4,000 parcel: 4,000 parcel: 6,000
Minimum Lot Size 10 acres 5,000 sf5 6,000 st 5 20,000 sf5 One unit per One unit per 3 acres One unit per
parcel parcel parcel
(condominiu (condominiu (condominiu
m, townhome, m, townhome, m, townhome,
etc.): 2,600 sf etc.): 2,600 sf etc.): 1,570 sf
Density
Minimum Density n/a 2.1 du/acre 2.1 du/acre 0.1 du/acre 3.1 du/acre 7.1 du/acre 15.1 du/acre 7.1 du/acre Maximum Density 1 du/parcel 7.0 du/acre 7.0 du/acre 2.0 du/acre 15.0 du/acre 15.0 du/acre 25.0 du/acre 15.0 du/acre
62 Title 17 - Zoning
Distance Between Buildings
Between Buildings for 6 ft.
Dwelling Purposes 6 ft. 6 ft. 6 ft. 10 ft. 10 ft. 10 ft. n/a Between Accessory 6 ft.
Buildings 6 ft. 6 ft. 6 ft. 6 ft. 4 ft. 4 ft. n/a
Height
Height (maximum) 35 ft./2.5 35 ft./2.5 35 ft./2.5 35 ft./2.5 35 ft./2.5 stories stories stories stories stories 45 ft./3 stories 45 ft./3 stories n/a Notes:
1. The combined side yard setbacks shall be not less than 12 feet.
2. Within required side yards, at least one side shall provide four feet of unobstructed surface so as to allow unobstructed access from front yard to rear yard.
3. Where an R-2 district shares a property line with an R-1 district, second story portions of main structures shall be located no less than 20 feet from such shared property
4. For development projects involving more than six dwelling units and that exceeding either 20 feet in height or are two stories or greater shall be setback from side and rear property lines no less than 50 feet.
for the con ales rection one family dieting and love or esny biting Hoe reite fries an eases and nurse permit are rened 63 Title 17 - Zoning
17.22.040 Development standards.
A. Recreation, Landscaping, Maintenance, and Roads and Parking Requirements for the MP District.
1. Recreation Space. The minimum recreation space shall be ten percent of the site.
2. Landscaping and Maintenance. All areas not used for access, parking, circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean, and sanitary condition.
3. Roads and Parking. All circulation roads shall be at least 25 feet from curb to curb and shall be increased in width by ten feet for curb parking space on each side of the street on which such curb parking is permitted, consistent with Chapter 12.08 of this code (Street construction standards) and amendments thereto. All roads and parking spaces shall be permanently paved. Two parking spaces or the equivalent thereof shall be provided for each mobile home site.
4. Modification of Requirements. The Approving Authority may modify requirements of this Chapter for an existing substandard park proposed to be enlarged or extended, provided that the modifications are limited to the extent that the overall improvements in the design or standards of such existing park will result.
B. Compatibility.
1. Where a residential use is required to be compatible with adjacent single family uses, a use shall be considered to be compatible if the use meets the following standards:
a. The front yard setback is within fifty (50) percent of the minimum required setback of the adjacent parcel with an existing single family use and such setback is maintained for a minimum of forty (40) feet of lot width. b. The side yard setback adjacent the existing single family use is a minimum of seven (7) feet.
C. The height of the structure does not exceed 20 feet along side or rear lot lines, or portions thereof, that are adjacent to an existing single family dwelling. The maximum height increases based on a setback plane that extends from the 20- foot height along the lot lines at 45 degree angle until the zone's maximum height is reached. A structure may not extend beyond a setback plane, except for:
i. A roof overhang or eave, up to two feet beyond the setback plane; ii. A chimney, vent, antenna, energy conservation or production equipment or feature not designed for occupancy; and
ili. Dormers, with a total horizontal length of not more than 15 feet on each side of the building, measured along the intersection with the setback plane.
2. Where a residential use is required to be compatible with an adjacent non-residential use, a use shall be considered to be compatible if the use meets the following standards:
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a. Adjacent to an agricultural use.
If adjacent agricultural operations requiring spraying of crops, setbacks are increased to 100 feet from the property line of the adjacent agricultural operation.
ii. If adjacent operations include animal keeping, animal husbandry, or an equestrian center, setbacks are increased to 100 feet from any accessory buildings for keeping animals and from any animal enclosures on the adjacent agricultural operation.
b. Adjacent to an existing commercial or industrial use. i. Outdoor activity areas shall be setback a minimum of twenty (20) feet from loading docks, mechanical equipment, and areas with vehicle loading or waiting zones and outdoor activity areas shall be oriented away from such commercial and industrial activities.
ii. Ingress and egress locations for the residential use are oriented to not conflict with access to the existing commercial or industrial use.
3. For the purposes of this paragraph, adjacent means any parcel that borders an adjoining parcel. Parcels that are separated by roadways are not adjacent. (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS
17.24.010 Chapter purpose.
The purpose of this chapter is to establish commercial and industrial zoning districts in the city, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the city's general plan commercial land use categories (central business district, neighborhood commercial, neighborhood commercial and highway commercial, general commercial) and industrial land use categories (light industrial, heavy industrial, surface mining) as shown in Table 17.20.020-1 (Zoning districts). (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.24.020 Characteristics of commercial and industrial districts.
The following descriptions of each commercial and industrial zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district.
A. Commercial (C) Zoning Districts. These districts are intended to designate property for commercial and office development. While primarily consisting of commercial retail uses, these districts also accommodate a variety of public and institutional uses. The general character of each of the districts intended to help guide development within the district, consistent with and accompanying applicable descriptions in the general plan as established by Table 17.20.020-1 (Zoning districts).
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1. C-T Commercial-Transition Zoning District: This district is applied to areas intended as a transitional land use category from existing residential uses to more intensive commercial uses. The designation respects the existing residential nature of the area but recognizes that market demands and land owner desires will drive conversion of the property to commercial office and/or retail. As such, existing residential uses are allowed to continue in perpetuity; existing homes may be remodeled, expanded and/or replaced; and new homes on vacant lots may be built. Further, properties may be developed or redeveloped into commercial uses either through the conversion of residential structures to commercial operation or wholesale redevelopment of parcels with new commercial structures. The mixing of commercial and residential uses, either vertically or horizontally, on the same parcel is also permissible. Desirable commercial uses include office and retail that respects the existing residential character of the area, such as small medical offices (e.g., dental, chiropractic), small office professional uses, limited personal services (e.g., barber shop, nail salon), and limited retail uses (e.g., smaller tenant spaces). When residential uses are developed, the allowed density range
2. C-1 Light Commercial Zoning District: This district is applied to areas that consist primarily of light commercial uses and small office development. It additionally provides for public uses, clubs, institutions, and other similar uses.
C-2 Central Business District Zoning District: This district is applied to the central business district area as defined in the general plan. It consists primarily of a mix of pedestrian-friendly commercial and office development, public uses, clubs, institutions, and other similar uses. It also provides for multi-family residential uses.
4. C-3 Heavy Commercial Zoning District: This district is applied to areas that consist primarily of commercial uses. Uses in this district tend to be larger-scale commercial businesses and tourist-oriented services. Typical uses include large retail stores, entertainment, indoor recreational facilities, lodging, warehousing, wholesale trade, gas stations, and automobile sales and service. Office uses may also be allowed, but are not the predominant use.
B. Business Professional (BP) Zoning District. This district is characterized predominantly by office professional uses with minor, supporting commercial uses. This designation allows for a variety of office uses, including medical, legal, financial, and other professional and administrative offices. Other permitted uses may include small, accessory-level commercial uses that support principal office uses such as day care facilities, small eateries, and coffee C. Manufacturing and Industrial (M) Zoning Districts.
1. M-1 Limited Manufacturing Zoning District: This district is intended for low to medium- intensity industrial uses that involve the manufacturing, fabrication, assembly, or processing of primarily finished materials, which occur entirely within an enclosed building. These activities, along with supportive and complementary uses, such as storage, shipping, retail, wholesale, or sales operations, are allowed in this district. Uses 66 Title 17 - Zoning
in this district should pose limited environmental impact in terms of noise, odors, traffic, hazardous materials, and other health and safety risks. In addition, the development standards are designed to promote attractive development that is compatible with surrounding development. Sites designated for M-1 uses should be located on medium to large sites along highways, thoroughfares, arterials, or collectors adjacent to other office, industrial, or commercial uses. Residential uses of any kind are prohibited in this district with the exception of a caretaker residence. Development should be auto- accommodating with sufficient and clearly defined parking and loading areas.
2. M-2 Heavy Industrial and Mining Zoning District: This district is intended to accommodate a broad range of manufacturing and industrial uses that may occur inside or outside of a building or structure. Permitted activity may vary, ranging from medium to higher-intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials, including lumber, surface mining, and mineral extraction. Sites designated for heavy industrial uses should not be located near residential development. Furthermore, residential uses of any kind are prohibited in this district with the exception of a caretaker residence. Development design should limit noise, odors, traffic, hazardous materials, and other health and safety risks on adjacent non-industrial uses, as well as ensure safe, functional, and environmentally- sound development. Development should be auto-accommodating with sufficient and clearly defined parking and loading areas.
(Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009) 67