1 ORDINANCE NO. 1463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, CALIFORNIA, AMENDING AND ADDING SECTIONS TO TITLE 18 OF THE MARYSVILLE MUNICIPAL CODE
TO REVISE THE ZONING CODE CONSISTENT WITH STATE LAW AND THE DOWNTOWN
SPECIFIC PLAN
WHEREAS, the City of Marysville is a Charter City empowered, pursuant to Section 6 of the City of Marysville Charter, to make and enforce all ordinances and regulations with respect to its municipal affairs; and WHEREAS, the purpose of this title is to protect and promote the public health, safety, and welfare of the City and to provide the economic and social advantages which result from an orderly, planned use of the environment.
WHEREAS, Title 18 of the Marysville Municipal Code amendments are in conformance with the goals, policies and objectives of the General Plan and other adopted goals and policies of the City.
WHEREAS, the Zoning Code is primarily being updated to be consistent with state law, the City’s Housing Element and to revise the Zoning Map consistent with the Downtown Specific Plan NOW, THEREFORE, The City Council of the City of Marysville does ordain as follows:
SECTION 1.
Sections 18.04.011, 18.04.012, 18.04.013, 18.04.014. 18.04.015, 18.04.016, 18.04.017, 18,04.018,
18.04.041,18.04.042, 18.04.056, 18.04.061, 18.04.062, 18.04.063, 18.04.068, 18.04.076, 18.04.077, 18.04.078,
18.04.086, 18.04.112, 18.04.113, 18.04.116, 18.04.117,18.04.132, 18.04.133, 18.04.171, 18.04.172, 18.04.181,
8.04.182, 18.04.183, 18.04.184, 18.04.185, 18.04.186, 18.04.187, 18.04.188, 18.04.211, 18.04.213, 18.04.214,
18.04.216, 18.04.217, 18.04.221, 18.04.222, 18.04.241, 18.04.242, 18.04.243, 18.04.245, 18.04.271, 18.04.272,
18.04.273, 18.04.274, 18.04.312, 18.04.313, 18.04.357, 18.04.358, 18.04.366, 18.04.371, 18.04.385, 18.04.389,
18.04.391, 18.04.401, 18.04.446, 18.04.449, 18.04.473, 18.04.474, 18.04.475, 18.04.476, 18.04.530, 18.04.540,
18.04.550, 18.16.020, 18.24.020, 18.24.030, 18.24.040, 18.24.050, 18.24.060, 18.34.020, 18.90.010, 18.90.020,
18.90.040, 18.90.050, 18.90.060, 18.90.070, 18.90.080, 18.90.090, 18.90.100, 18.90.110, 18.94.010, 18.94.020,
18.94.040, 18.94.080, 18.94.120 and 18.94.130, of the City’s Marysville’s Municipal Code are hereby amended to read in their entirety; as follows;
18.04.011 Abandoned. The cessation of a use or activity by the owner or tenant for a period of one year, excluding temporary or short-term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility.
18.04.012 Abandoned Sign. A permanent sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.
18.04.013 Abutting. District boundaries or lot lines in common, including lots which abut only at a corner; also means adjacent to or adjoining.
18.04.014 Acceptance of Improvements means that there is some written acceptance of the improvements by either the City Engineer, Director of Public Works, or the City Council. 2 18.04.015 Access. The place, means, or way by which vehicles have usable legal, ingress and egress, unless the context dictates otherwise to a property and/or use as required by this Code.
18.04.016 Accessory Dwelling Unit. An accessory dwelling (ADU) is an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It is on the same site as the primary dwelling and is limited in size or other standards of this Code to be accessory to that dwelling. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same site as where the primary dwelling unit is situated, and meets the standards for accessory dwelling units in this Code. It may include an efficiency unit or a manufactured accessory dwelling unit. This term does not include a structure constructed as a duplex, single-family dwelling, or an apartment.
18.04.017 Acreage, Gross. The entire land area of a site prior to any dedications for public use or deductions for health, safety, or similar purposes.
18.04.018 Acreage, Net. The land area of a site remaining after dedication of ultimate rights-of-way, including exterior boundary streets, floodways, public parks and other open space, and utility easements and rights-ofway.
18.04.041 Aircraft. Every kind of vehicle or structure intended for use as a means of transporting persons or goods, or both, in the air. Aircraft shall include helicopters.
18.04.042 Airport Land Use Commission (ALUC). The Sutter County or Yuba County Airport Land Use Commission, having jurisdiction over the surrounding airspace.
18.04.056 Alter. Make a change which affects the appearance, impact, intensity, size, location, or purpose of a use, structure, or site. Alterations. An exterior change, addition, or modification to an existing structure or site.
This may include changes to the architectural details or the visible characteristics of a structure, such as a change in paint color or surface texture materials, or the grading, paving, or removal of natural features from the site, affecting the exterior visual character of the property.
18.04.061 Annexation. The process for the incorporation of land within the City of Marysville.
18.04.062 Antenna. Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.
18.04.063 Applicant. Any person that files a planning entitlement application form.
18.04.064 Approach-Departure Zones means either:
A. Zones as defined by the adopted Airport Land Use Compatibility Plan; or B. The flight path of the helicopter as it approaches or departs from the touchdown area.
18.04.068 Banner. A temporary sign constructed of cloth, canvas, vinyl, light fabric, or similar flexible materials.
18.04.076 Billboard. A permanent sign that meets any one or more of the following criteria:
A. It is used for general advertising for hire;
3 B. It may be an accessory or auxiliary use to a principal use on the site, or a separate or principal use of the site;
C. It is a profit center on its own; or
D. The ground surrounding the sign, the sign itself, or any part of the display is leased, rented, owned, or otherwise contractually dedicated for use by an establishment that is not the property owner or lessee of the entire lot or the primary occupant of a tenant space of at least 500 square feet within a building on the site.
18.04.077 Block. an area of land surrounded by streets, rail rights-of-way, streams, canals, or similar access control strips.
18.04.078 Block Length. The distance between the centerlines of intersecting streets that define the outer boundary of a block.
18.04.086 Buffer. An open space or landscaped area established to provide an open area between potentially incompatible uses or structures.
18.04.112 Building Frontage. A building wall adjacent to a parcel or a lot boundary that abuts a public right-of way.
18.04.113 Building Permit. Written authorization from the Fire Marshal/Building Official of the City of Marysville for the construction of any structure.
18.04.116 California Environmental Quality Act (CEQA). State law (California Public Resources Code § 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
18.04.117 Caliper. Used in the measurement of the diameter of a tree’s trunk.
18.04.118 Cardroom. A gaming establishment that exclusively offers card games for play by the public.
18.04.132 Clear Vision Triangle, Commercial: That portion of both private property and public right-of-way located at any corner where two streets intersect. The clear vision triangle is defined by the triangular area created by the diagonal connection of two points measured 30 feet back from the intersection of the prolongation of points measured along the front and corner street side back of curb (see figure below). The dimensions of the clear vision triangle may be required to be increased if the Director of Public Works determines that additional area is needed to ensure that a potential traffic hazard is not created. 4 18.04.133 Clear Vision Triangle, Residential: The clear vision triangle is defined by the path of travel of a vehicle making a right turn at an intersection and is intended to preserve appropriate line-of-sight for the driver and pedestrians at a turn. The clear vision triangle is the area created by the diagonal connection of two points measured 25 feet along the back of curb on the right-hand side of the vehicle as it approaches the intersection to turn right, and 75 feet along the perpendicular side of the back of curb on the right-hand side of the vehicle as it completes the turn and departs the intersection (see figure below).
18.04.132 Density Bonus. A density increase over the otherwise maximum allowable residential density under the applicable zone and designation of the Land Use Element of the General Plan as of the date of the application by the applicant to the City, as allowed under Government Code 65915.
18.04.133 Density, Residential. The number of permanent residential dwelling units per unit of land. Unless otherwise specified, density is measured in dwelling units per developable residential acre.
18.04.171 Eave. The overhang that projects from a building at the lower edge of the roof (i.e., the overhanging lower edge of a roof).
5 18.04.172 Efficiency Dwelling Unit. A dwelling unit containing only one habitable room. Includes an efficiency unit as defined by the California Health and Safety Code § 17958.1.
18.04.181 Federal Communications Commission (FCC). A Federal governmental agency responsible for the regulation of interstate and international communication by radio, television, wire, satellite, and cable.
18.04.182 Fence. An artificially constructed barrier consisting of any permitted materials, other than plant materials, intended to form an enclosure, mark a boundary, prevent intrusion, and/or provide a screen. See also “Wall, Masonry.”
A. Open fence means a fence constructed of any permitted material which allows visibility through the fence panel when viewed perpendicular to the face of the fence. This includes open style fences such as split-wood rail, chain link, wrought iron, tubular metal, or other similar materials; B. Solid fence means a fence constructed of materials which do not allow for visibility through the fence when viewed perpendicular to the face of the fence. A fence consisting of chain link with slats is not considered a solid fence.
18.04.183 Fill Slope. An artificial incline of earth created by earth filling.
18.04.184 Final Subdivision Map. A map showing the subdivision of land for which a tentative and final map are required by the Subdivision Map Act or this Code and designed to be filed with the County Recorder
18.04.185 Fixed Wireless. A local wireless operation providing services such as local and long-distance telephone and high-speed internet to residential and business customers by means of a small equipment installation (the remote unit) on the exterior of each home or business that elects to use this service.
18.04.186 Flag. A piece of fabric of distinctive design, typically oblong or square that is displayed hanging from a staff, halyard, or building to which it is attached. “Flag” includes the official flag of any country, state, or local government or any fabric shaped as such, though a flag may represent any establishment, idea, or concept. “Flag” excludes pennants and feather banners.
18.04.187 Floor Area. The sum of the areas of each floor of a building or structure.
A. Floor Area, Gross means the total horizontal area in square feet on each floor of a covered structure, extending to the outside of the exterior walls, but not including the area of inner courts, elevator shafts, and stairwells.
B. Floor Area Ratio (FAR). The ratio of floor area of a building or buildings on a site divided by the total lot area.
18.04.188 Freestanding Sign. Permanent sign that is supported by one or more uprights, poles or braces or similar structural components and that is not attached to a building or structure. This definition does not include portable signs, yard signs, or ground signs
18.04.211 General Plan. The City of Marysville General Plan, including all its elements and all amendments, as adopted by the City Council in compliance with Government Code § 65300 et seq. 6 18. 04.213 Grade. The gradient of slope of the ground surface prior to proposed ground disturbance, grading, or site preparation and expressed as a percent of vertical or horizontal distances.
A. Grade, Finished. The final ground surface elevation after the completion of grading or other site preparation related to a proposed development.
B. Grade, Natural. The existing ground surface elevation prior to grading or other site preparation.
C. Grade Plane. A reference plane representing the average of finished ground level adjoining a building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plan shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
18. 04.214 Green Means Go Designated Area: Downtown area of the City of Marysville designated by the Sacramento Area Council of Governments (SACOG) to encourage infill and higher density housing uses.
Includes the Medical Arts District, E Street District, Downtown District and Ellis Lake District and is included in the Downtown Specific Plan.
18. 04.216 Habitable Space. Area within a dwelling unit for living, sleeping, eating, cooking, and/or bathing, that has controlled ventilation and heating, also, known as conditioned space.
18. 04.217 Height, Building. Refer to the rules of measurement in Chapter 14.02.030. The vertical distance from grade plane to the average height of the highest roof surface. The average height of the highest roof surface is the mean height between the eaves and ridge for a hip, gable, or gambrel roof
18. 04.221 Historic Resource. Any resource that may have historic, cultural and/or architectural significance, locally, regionally, or nationally, including districts, ensembles, thematic groups, corridors, structures, bridges, buildings, sites, cemeteries, landscape features, signs, plaques, or archaeological sites or artifacts.
18. 04.222 Historic Site: A historic site is considered to be the location of a historic or archaeological event, activity, occupation, structure, object, or landscape feature, including existing buildings or structure on the site, which has historic significance.
18.04.241 Household Pet means a tame animal that is kept for pleasure rather than for commercial purposes or human use food or products. It includes an animal kept inside a dwelling, a dog, a cat, a miniature pot-bellied pig or up to six adult rabbits
18. 04.242 House Plan. The architectural plans for a single-family dwelling, a duplex, or a duet. A house plan constructed with the same basic floor plan in a different area, even with different exterior architectural elevations and optional floor plan features, is considered a single house plan.
18. 04.243 Impervious Surface. A surface compacted or covered with a layer of material so it is highly resistant to infiltration of water.
18. 04.244 Incompatible Land Uses. Land uses inherently incompatible with allowed uses as determined by the Decision Maker consistent with this Code.
7 18. 04.245 Intensification of Use. A change in the use of structure or site that increases density or generates more traffic or other level of activity on the site.
18.04.271 Land Development Permit. Any discretionary approval pursuant to the Code which is required to construct or modify buildings or site improvements, install landscaping, or to use buildings or land. Examples of land development permits include, but are not limited to: conditional use permits, design review, variances, and planned development permits.
18. 04.272 Landscaped Open Areas. An area that is maintained clear of any building or structure and includes landscaping (e.g., living plant material).
18. 04.273 Living Area. The interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
18. 04.286 Lot Line Adjustment. A shift of an existing lot line or other adjustments between contiguous lots where no new lots are created.
18. 04.296 Low Barrier Navigation Center. “Low Barrier Navigation Center” means a Housing First, lowbarrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(5) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.
18. 04.297 Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
18.04.311 “Owner” includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or part.
18.04.312 Parcel. An area of land which may or may not have lots designated under one ownership.
18.04.313 Parcel Final Map. A map showing the subdivision of land of four or fewer parcels or as otherwise required or provided by this Division and prepared in accordance with the provisions of the Subdivision Map Act and this Division and designed to be filed with the County Recorder.
18.04.357 Reasonable Accommodation. An adjustment to physical design standards, including but not limited to zoning, building, or subdivision standards, for persons with disabilities seeking equal access 8 housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval to accommodate- the needs of a disabled residents.
18.04.358 Recreational Vehicle. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy; or a park trailer, as defined in California Health and Safety Code § 18009.3.
18.04.366 Setback. The distance by which a structure or other development feature shall be separated from a property line or other building.
18.04.371 Short Term Rental (STR). A residential unit rented out less than 30-days at a time.
18.04.385 Single-Family Clustered Development. A project consisting entirely of single-family dwelling units, either attached or detached, that are located in close proximity to each other generally with common driveways or private streets and common open areas, which are not a standard lot pattern where each individual lot or unit fronts on a public street.
Single Family Clustered Development Example
18.04.389 Site. The lot or group of lots or parcels under single ownership or single control, considered a unit for the purposes of development or other use.
18.04.391 Specific Plan. A specific plan is a tool for the systematic implementation of the general plan. It effectively establishes a link between implementing policies of the General Plan and the individual development proposals in a defined area.
18.04.401 State Historic Preservation Office (SHPO). The California governmental agency charged with preserving and enhancing California's irreplaceable historic heritage as a matter of public interest so that its vital legacy of cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be maintained and enriched for present and future generations. 9 18.04.446 Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
18.04.449 Telecommunications Facility or wireless telecommunication facility. An unstaffed facility, generally consisting of antennas, equipment cabinet or structure, and related equipment, for public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including stationary commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections, or vehicles utilizing global positioning satellite (GPS) direction-finding technology, or equipped for reception of commercial satellite radio, television, or internet programming.
18.04.473 Wall. Any structure or device forming a physical barrier which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air, and vision through said surface in a horizontal plane.
18.04.474 Wall Sign. A sign attached to, erected against, painted on, or otherwise adhered to the wall of a building or structure.
18.04.475 Waste. Unused or discarded matter and material which consists, without limitation or exclusion by enumeration of such matter and material as rubbish, refuse and matter of any kind including but not limited to, rubble, debris, asphalt, concrete, plaster, tile rocks, bricks, soil, building materials, crates, cartons, containers, boxes, furniture and household equipment or parts thereof, lumber, trash, dirt, machinery or parts thereof, scrap metal and pieces of metal, ferrous or nonferrous, bottles, bedding and other similar matter.
18.04.476 Wireless Telecommunications Services. The provision of services using a wireless telecommunications facility or a wireless telecommunications co-location facility, and hall include, but not 10 limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.
18.04.530 Workforce Housing. Workforce Housing is intended to provide “missing middle” housing, which falls in the medium to high density housing land use categories, to offer middle-income workers an affordable place to live proximate to jobs.
18.04.540 Zone. A land area shown on the official Zoning Map of the City of Marysville within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). Also referred to as a zoning district.
18.04.550 Zone Boundary. The line separating one or more zones as shown on the official Zoning Map. 11 18.90.040 Permit Requirements
A building permit shall be required prior to construction or creation of an accessory dwelling unit or junior accessory dwelling unit. Any ADU outside of the historic district that satisfies the requirements of this chapter shall be ministerially approved.
18.90.050 Designated Areas
A. Mixed Use and Residential Zones. Accessory dwelling units are principally permitted in the commercial mixed use (CMU), single-family residential (R1), small lot residential (RS), two-family residential (R2), multifamily housing (R3), and residential mixed use (RMU) zoning districts, provided the lot contains an existing or proposed single-family, two-family or multi-family dwelling unit as defined in Section 18.16 (Residential Use Types) and the accessory dwelling unit complies with the standards identified in this chapter.
B. Commercial Zones. Accessory dwelling units are also principally permitted in the commercial zoning districts, provided the lot contains an existing or proposed single-family, two-family or multi-family dwelling unit (Residential Use Types) and the accessory dwelling unit complies with the standards identified in this chapter. If a commercially zoned lot contains an existing single-family, two-family or multi-family dwelling unit which does not have an approved conditional use permit, then the accessory dwelling unit shall be required to obtain an Administrative Permit pursuant to Chapter 18 (Permit and Variance Requirements).
18.90.060 Development standards for accessory dwelling units proposed within existing structures or existing living areas.
Accessory dwelling units are permitted to be developed within existing structures or within the living area of an existing primary dwelling unit. Accessory dwelling units developed within existing structures or living areas shall be allowed only in compliance with the following standards:
A. Setbacks. No setback shall be required for an accessory dwelling unit, including porches, decks, balconies, stairs, and patios which are attached to and for the use of the accessory dwelling unit, built within the footprint and dimensions of an existing living area or existing structure.
B. Floor Area. The total floor area of an attached accessory dwelling unit developed within an existing primary dwelling unit shall not exceed 50 percent of the floor area of the existing primary dwelling unit, except that an expansion of up to 150 square feet beyond the same physical dimensions as the existing primary dwelling unit is permitted for accommodating ingress and egress. The total floor area for a detached accessory dwelling unit developed within an existing detached accessory structure shall not exceed the floor area of the existing detached accessory structure, except that an expansion of up to 150 square feet beyond the same physical dimensions as the existing detached accessory structure is permitted for accommodating ingress and egress.
C. Unit Sizes.
1. An accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, as it now exists or may hereafter be amended.
2. An accessory dwelling unit shall not be more than 850 square feet for a studio or one-bedroom or more than 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
D. Minimum Facilities. Accessory dwelling units developed within existing structures or living areas shall include permanent provisions for independent living, sleeping, eating, cooking, and sanitation within the unit 12 and must include a separate exterior entrance from the primary dwelling unit if the primary dwelling is a singlefamily dwelling.
E. Appearance. The accessory dwelling unit shall be designed and constructed so as to be compatible with the existing primary dwelling unit and neighborhood in terms of form, and materials, as determined by the Community Development Director or designee applying objective standards, and the accessory dwelling unit shall be subordinate to the primary dwelling unit. Manufactured homes shall meet the architectural standards set forth in Section 18.16.030 Residential zone general development standards).
F. Historic District or Individual Historic Resources
1. Design review within the historic district or individual historic resources shall be required, consistent with the Historic Design Guidelines.
2. Windows and doors original to structures on historic properties (including openings and garage doors) must be retained, unless this would prevent creation of the ADU.
3.Newly constructed ADUs and JADUs in landmark and historic districts should make every attempt to reduce visibility from the public right-of-way.
G. Parking Requirements. Accessory dwelling units developed within existing structures or living areas shall not be required to provide parking. A garage, carport, or covered parking structure shall be subject to the development regulations of the city, if the owner chooses to provide parking as part of the accessory dwelling unit. In addition, when a garage, carport, or covered parking structure is converted to an accessory dwelling unit, the required off-street parking spaces for the primary dwelling unit, if eliminated, do not need to be replaced. If the property owner chooses to replace the parking spaces, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including within the front yard or street side setback, and may be covered spaces subject to conformance with the applicable requirements set forth in Section 18.16 (Permitted accessory structures to dwelling use type (single-family and two-family).
H. Passageways. No passageways shall be required in conjunction with accessory dwelling units developed within existing structures or living areas.
I. Building and Fire Codes. Except as otherwise provided in this chapter, accessory dwelling units developed within existing structures or living areas shall comply with all local building and fire codes.
J. Fire Sprinklers. Accessory dwelling units developed within existing structures or living areas shall not be required to provide fire sprinklers if fire sprinklers were not required for the primary dwelling unit.
K. Utilities. Accessory dwelling units developed within existing structures or living areas shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the public utility infrastructure unless the accessory dwelling unit was constructed with a new single-family dwelling unit.
However, if necessary, utility infrastructure does not exist with capacity available to serve both the primary dwelling unit and the accessory dwelling unit, the property owner shall be responsible for all costs related to installation of necessary infrastructure or upsizing existing infrastructure. Property owners may install a new or separate utility connection directly between the accessory dwelling unit and the public utility infrastructure at the property owner’s option and expense.
L. Height. Detached ADUs: 16 feet on a lot with a proposed or existing single-family or multifamily dwelling unit (Gov. Code, § 66321, subd. (b)(4)(A)). 18 feet on a lot with an existing or proposed single-family or 13 multifamily dwelling, including an additional 2 feet to accommodate roof pitch that aligns with the primary dwelling, when the lot is a half-mile from a major transit stop or high-quality transit corridor (Gov. Code, § 66321, subd. (b)(4)(B)).
18 feet height on a lot with an existing or proposed multifamily, multistory dwelling (Gov. Code, § 66321, subd. (b)(4)(C)). If a detached two-story ADU can be built according to the height allowances required under State ADU Law while remaining compliant with the building code, a local agency cannot deny an ADU application to create a two-story ADU, irrespective of the underlying zoning that might restrict a primary dwelling to one story. (Gov. Code, §§ 66321, subd. (b)(4)(D); 66314, subd. (d)(8).) Attached ADUs 25 feet or the height limitation that applies to the primary dwelling in the local zoning ordinance, whichever is lower (Gov. Code, § 66321, subd. (b)(4)(D)).
M. Number Permitted. A combination of up to two accessory dwelling/junior accessory dwelling units are permitted within areas zoned to allow single-family or two-family residential use provided the lot contains an existing or proposed single-family dwelling, and the accessory dwelling/junior accessory dwelling unit complies with the standards identified in this chapter (Accessory Dwelling Units). Up to two detached ADUs are allowed on a lot that has a proposed multifamily dwelling, or up to eight detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot.
N. Exceptions to Development Standards.
1. One accessory dwelling unit and one junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling unit or existing space of a single-family dwelling unit or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling unit. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22, as it now exists or may hereafter be amended.
2. Multiple accessory dwelling units within portions of existing multi-family dwelling units are permitted in areas not used as livable spaces, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if all of the following apply:
a. Each unit complies with state building codes for dwellings. b. At least one accessory dwelling unit is permitted within an existing multi-family dwelling or up to eight ADUS within the existing multi-family dwelling units may be converted to accessory dwelling units, whichever is greater.
3. Two detached accessory dwelling units are permitted per lot that have an existing multi-family dwelling unit, subject to a height limit of 16 feet and four-foot rear and side setbacks. 14 O. Waivers. Notwithstanding anything to the contrary contained in this title, limits on height, setbacks, lot coverage, floor area ratio, open space, and lot sizes are hereby waived if they do not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height, and which provides four-foot rear and side setbacks.
18.90.070 Development standards for accessory dwelling units proposed as new construction.
Newly constructed accessory dwelling units are permitted to be attached to a proposed or existing primary dwelling unit or detached from a proposed or existing primary dwelling unit as long as the newly constructed accessory dwelling unit is located on the same lot as a proposed or existing primary dwelling unit. Newly constructed accessory dwelling units shall be allowed only in compliance with the following standards:
A. Minimum Lot Area. There is no minimum lot area.
B. Maximum Lot Coverage. There is no maximum lot coverage.
C. Setbacks. No setback shall be required for an accessory dwelling unit constructed in the same location (i.e., footprint) and to the same dimensions as an existing accessory structure. A setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is otherwise newly constructed, including porches, decks, balconies, stairs, and patios which are attached to and for the use of the accessory dwelling unit.
D. Floor Area. The total floor area of an attached accessory dwelling unit shall not be less than 150 square feet nor exceed the standards of subsection E (Unit sizes). The total floor area for a detached accessory dwelling unit shall not be less than 150 square feet nor exceed the standards of subsection E (Unit sizes).
18.90.080 Development Standards Table
Size
Parking
Required Setbacks Lot coverage Compatibility
Attached
Junior 500 sf none
within the
allowed
footprint N/A N/A
Attached
ADU
Less than 50%
of primary
floor area none
None if within
same footprint
of original
structure None
Match
existing
materials
Detached
ADU
Not less
than150 sf or
more than 850
sf for a single
bedroom or
more than
1,000 sf with
more than one
bedroom
1 may be in
tandem
4' side and
rear, not in
street side or
front yard None
Match
existing
materials
15 E. Unit Sizes.
1. An accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, as it now exists or may hereafter be amended.
2. An accessory dwelling unit shall not be more than 850 square feet for a studio or one-bedroom or more than 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
F. Minimum Facilities. The accessory dwelling unit shall include permanent provisions for independent living, sleeping, eating, cooking, and sanitation within the unit and must include a separate exterior entrance from the primary dwelling unit if the primary dwelling is a single-family dwelling.
G. Appearance. The accessory dwelling unit shall be designed and constructed so as to be compatible with the proposed or existing primary dwelling unit and neighborhood in terms of height, form, and materials, as determined by the Community Development Director or designee applying objective standards, and the accessory dwelling unit shall be subordinate to the primary dwelling unit.
H. Parking Requirements. Garages, carports, and covered parking structures attached to the accessory dwelling unit and built to satisfy the required parking standards for the accessory dwelling unit are subject to the same setbacks and other development regulations as the accessory dwelling unit.
1. Accessory dwelling units with one or more bedrooms shall provide one off-street parking space. Studios shall not be required to provide any parking spaces. The parking requirement for accessory dwelling units with bedrooms can be met by providing the required parking space within the front yard setback and may be located in tandem with other on-site parking as long as it complies with the requirements.
2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the required off-street parking spaces for the primary dwelling unit, if eliminated, do not need to be replaced. If the property owner chooses to replace these parking spaces, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including within the front yard or street side setback, and may be covered spaces subject to conformance with the applicable requirements set forth in Section 18.
3. Notwithstanding the above, accessory dwelling units shall not be required to provide parking in any of the following circumstances:
a. When the accessory dwelling unit is located within one-half mile walking distance of public transit. b. When the accessory dwelling unit is located within the Downtown Historic District or Downtown Specific Plan
c. When the accessory dwelling unit is part of an existing or proposed primary dwelling unit or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. e. When there is a car share vehicle located within one block of the accessory dwelling unit.
I. Passageways. No passageways shall be required in conjunction with the construction of an accessory dwelling unit.
16 J. Building and Fire Codes. Except as otherwise provided in this chapter, newly constructed accessory dwelling units shall comply with all local building and fire codes.
K. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers were not required for the primary dwelling unit.
L. Utilities. New or separate utility connections directly between the accessory dwelling unit and the public utility infrastructure shall only be required if directed by the utilities department. In such cases, if necessary, utility infrastructure does not exist with capacity available to serve both the primary dwelling unit and the accessory dwelling unit, the property owner shall be responsible for all costs related to installation of necessary infrastructure or upsizing existing infrastructure.
M. Height. An accessory dwelling unit shall not exceed the height limits prescribed in Residential zone general development standards for the zone in which the accessory dwelling unit will be located, or if not within a residential zone, the height shall not exceed the standards established for the single-family residential (R1) zone.
N. Number Permitted. Except as otherwise permitted, only one accessory dwelling unit is permitted per lot.
O. Exceptions to Development Standards.
1. One newly constructed detached accessory dwelling unit that does not exceed four-foot rear and side setbacks, which may be combined with one junior accessory dwelling unit, is permitted per lot if all of the following apply:
a. The total floor area for the newly constructed detached accessory dwelling unit shall not exceed 800 square feet.
b. The newly constructed detached accessory dwelling unit shall not exceed 16 feet in height.
2. Two newly constructed detached accessory dwelling units are permitted per lot that has an existing multifamily dwelling unit, subject to a height limit of 16 feet and four-foot rear and side setbacks.
P. Waivers. Notwithstanding anything to the contrary contained in this title, limits on height, setbacks, lot coverage, floor area ratio, open space, and lot sizes are hereby waived if they do not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height, and which provides four-foot rear and side setbacks.
18.90.090 Use restrictions.
A. Sales Prohibited, Exceptions. Accessory dwelling units shall not be sold independently of the primary dwelling unit on the lot unless all of the criteria of Government Code Section 65852.26, as may be amended from time to time, are met, including that the accessory dwelling unit or the primary dwelling unit was built or developed by a qualified nonprofit corporation and there are affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary residence that ensure the accessory dwelling unit and primary dwelling will be preserved for low income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
B. Rentals. Accessory dwelling units may be rented as long as the rental term exceeds 30 calendar days.
18.90.100 Nonconforming zoning conditions.
17 An accessory dwelling unit or junior accessory dwelling unit in compliance with the standards set forth in this chapter is still permitted even when the primary dwelling unit has a nonconforming zoning condition.
18.90.110 Junior accessory dwelling units.
A. Junior accessory dwelling units are principally permitted within areas zoned to allow single-family residential use and must be located on a lot that contains an existing or proposed single-family dwelling unit as defined in Section 18 (Residential use types).
B. Junior accessory dwelling units are subject to the following conditions:
1. Only one junior accessory dwelling unit is permitted per residential lot.
2. A junior accessory dwelling unit shall not exceed 500 square feet.
3. The junior accessory dwelling unit shall be constructed within the walls of the proposed or existing singlefamily dwelling unit, including attached garages.
6. The junior accessory dwelling shall include a separate entrance from the main entrance to the proposed or existing single-family dwelling unit.
7. The permitted junior accessory dwelling unit must include an efficiency kitchen, which shall include at a minimum all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
8. Junior accessory dwelling units shall comply with all local building and fire codes applicable to the existing single-family dwelling unit except that fire sprinklers shall not be required if fire sprinklers were not required for the single-family dwelling unit.
9. Junior accessory dwelling units may be rented as long as the rental term exceeds 30 calendar days.
10. Junior accessory dwelling units shall not be required to provide parking nor be required to provide replacement parking if constructed within an attached garage.
11. Junior accessory dwelling units shall comply with all other applicable requirements set forth in this chapter. 18 Table 18.16.020: Allowed Uses and Permit Requirements for the Residential Zone Districts Land Use
Zone District
Specific Use Criteria
R-1 R-2 R-3 R-4
Residential Uses
Single-family residence P P P P
Two-family residence
(attached or detached)
P P P
Halfplex (duplex) P P P
Multiple-family residences P P In the R-3 district: Not to exceed 4 attached or detached residences per lot.
Condominium P1 P1 P P
Manufactured home park U U U
Stock cooperative residences P P
Boarding house P P Not to exceed 10 boarders in addition to the main family.
Emergency shelter U U Sec. 18.96.060
Residential density bonuses P P P P Chap. 18.97
Renting of rooms P P P P Sec. 18.84.050(a)
Residential Accessory Uses
Accessory Dwelling Units P P P P Section 18.90 ADUs
Residential care home—small P P P P
Residential care home—large U U U U
Home occupation ZC ZC ZC ZC Chap. 18.93
19 Table 18.16.020: Allowed Uses and Permit Requirements for the Residential Zone Districts Land Use
Zone District
Specific Use Criteria
R-1 R-2 R-3 R-4
Day care home (small) P P P P
Day care home (large) U U P P
Residential accessory
structure
P P P P Sec. 18.96.010
Keeping of animals P P P P Sec. 18.84.050(e)
Swimming pool/spa P P P P Sec. 18.84.070(f)
Garage/yard sales P P P P Not to exceed 3 days, nor more than twice per year.
Guest house P P P P
Patio cover P P P P Sec. 18.84.070(i)
Nonresidential Uses
Agriculture P P P P
Bed and breakfast inn U U MUP MUP
Religious facility U U U U
Day care center U U P P
Golf course/country club,
health club
U U U U
Parking for off-site use U U U U
Professional offices U U
Hospital U
Mortuary U
20 Table 18.16.020: Allowed Uses and Permit Requirements for the Residential Zone Districts Land Use
Zone District
Specific Use Criteria
R-1 R-2 R-3 R-4
Parks P P P P
Public buildings and facilities U U P P
Cemetery U U U U
Senior congregate care
facility
P P
Skilled nursing/intermediate
care facility
U U
Model home P P P P
Clubs and lodges U U
Offices U U
Wireless telecommunications
facility
P, U P, U P, U P, U Chap. 18.95
Hotel, motel U
1 One halfplex/duplex only per lot.
2 Employee housing (up to six persons), supportive housing, transitional housing, mobile homes on permanent foundations, and mobile home parks (including condominium and cooperative parks) are allowed and subject only to those restrictions and development standards that apply to other residential dwellings of the same type and number in the same zone.
Table 18.24.020: Allowed Uses and Permit Requirements for Commercial Zone Districts Land Use
Zone District
Specific Use Criteria
C-1 C-2 C-3 C-H
Commercial Uses
General retail sales and services
conducted indoors (unless
otherwise specified in this table)
P P P P
21 Table 18.24.020: Allowed Uses and Permit Requirements for Commercial Zone Districts Land Use
Zone District
Specific Use Criteria
C-1 C-2 C-3 C-H
Neighborhood retail sales P P P P
Animal grooming P P P P
Animal boarding (indoors)1 U U U
Veterinarian P P P
Auto, boat, motorcycle, RV,
mobile home, trailer and
agricultural equipment sales and
rental (indoor repair as secondary
use)
MU MU MU
Bank, financial institution,
insurance
P P P P
Day care center P P P P
Health/fitness facility P P P
Offices (administrative,
government, business, medical and
professional)
MU P P P
Funeral establishment U P P
Schools and studios primarily
conducted indoors
P P P P
Bar, night club, lounge, tavern U U4 U
Laundry, laundromat P P P P
Repair shop (i.e., shoes, radios,
appliances, electronic equipment)
P P P P
Hotel, motel P P P
22 Table 18.24.020: Allowed Uses and Permit Requirements for Commercial Zone Districts Land Use
Zone District
Specific Use Criteria
C-1 C-2 C-3 C-H
Indoor entertainment (theater,
video arcade/fun center, skating
rink, bowling, billiards)
U P P P
Outdoor commercial recreation
(theme, amusement park, miniature
golf, go-cart track)
U U4 U
Restaurant P P P P See Chapter.18.63 for sidewalk dining.
Auto, boat, motorcycle, RV repair
(excluding body and radiator
shops)3
P P
Retail plant nursery (includes
outdoor sales)
P P P
Car rental P P P
Car wash U MU4 MU
Home improvement, building
material sales (includes outdoor
sales)
U U3 U
Equipment rental (includes outdoor
storage)
U3 U
Drive-through facilities U U MU3 MU Sec. 18.96.030
Auto service station1 U U U3 U Sec. 18.96.050
Medical, dental, optical lab P P P
Retail tire sales3 MU MU3 MU
Secondhand store3 P P P P
Bottled gas sales1 U U
23 Table 18.24.020: Allowed Uses and Permit Requirements for Commercial Zone Districts Land Use
Zone District
Specific Use Criteria
C-1 C-2 C-3 C-H
Bus depot U U3 U
Card room U U3 U
Recreational vehicle park U3 U
Massage service U U Excludes services exempted under
Sec.5.48.030.
Recycling facility U U U U Chapter.18.92
Mini-storage warehouse1 U U U U Sec.18.96.040
Adult oriented use U Chapter.18.66
Cannabis testing laboratory5 U U
Medical cannabis dispensary* U U U Chapter. 18.67
Condominium P P P P
Residential Uses
Single-family residence2 MU MU MU3 MU
Multifamily residences2 P P P P Consistent with State Government Code Section 65913.4 If project pays
prevailing wages and meets specified
affordable housing targets it is a
ministerial project not subject to a use
permit.
Accessory Dwelling Units P P P P Sec. 18.90 ADUs
Live/work lofts2 MU MU MU3 MU
Employee housing4 P P P P
Emergency shelter4 P P Sec. 18.96.060
24 Table 18.24.020: Allowed Uses and Permit Requirements for Commercial Zone Districts Land Use
Zone District
Specific Use Criteria
C-1 C-2 C-3 C-H
Residences w/office or retail MU MU MU3 MU
Home occupation ZC ZC ZC3 ZC Chapter. 18.93
Senior congregate care facility,
skilled nursing/intermediate care
facility
MU MU MU MU
Single-room occupancy (SRO) U U3 P Sec. 18.96.070
Public/Quasi Public Uses
Public buildings and facilities U P P P
Library/museum U P P P
Religious facility MU P P* P* *MU in central business district Hospital1 U U U
Park P P P P
Clubs and lodges U P P
Special Events U U U U See Section 18.24.070 for Special Event Requirements
Public parking P P P P
Community center P P P P
Cultural institution P P P P
Wireless telecommunications
facility
U U U4 U
Heliport U U4 U
1. Not allowed in the central business district.
2. Minor use permit required in the central business district. 25 3. Use permits and minor use permits are not required in medical arts district.
4. Employee housing (up to six persons), supportive housing, transitional housing, mobilehomes on permanent foundations, and mobilehome parks (including condominium and cooperative parks) are allowed and subject only to those restrictions and development standards that apply to other residential dwellings of the same type and number in the same zone.
5. The following term when used in the municipal code shall have the meaning of a "cannabis testing laboratory or lab" as stated in Chapter 18.67, Commercial cannabis activity. 26 Table 18.24.030: Development Standards Applicable to the C-1 Zone District Minimum lot size None.
Minimum lot
width
None.
Minimum yards Front yard: 5 feet, except 15 feet for a distance of 25 feet from an R district boundary. Yard must be landscaped and not used for parking or loading. Upper story may overhang if there is a vertical clearance of 12 feet.
Street side yard: Same as front yard, except no side yard adjacent to an alley.
Interior side yard: None, except when abutting a residential zone district it is 5 feet.
Rear yard: None, except (1) when abutting a residential zone district it is 5 feet and a 6-foot masonry wall shall be constructed along the property line or (2) it is 12 feet if accessible by a street, alley or parking lot. Upper floor may overhang if there is 14 feet of vertical clearance if not located abutting a residential zone district.
Levee setback: 10 feet.
Other criteria and exceptions are provided in Section18.84.070, Yards and fences.
Maximum
building height
2.5 stories, not to exceed 35 feet.
Other criteria and exceptions are provided in Sec.18.84.080.
Building
coverage
None.
Off-street
parking and
loading
See Chapter. 18.60.
Landscaping A 5-foot-wide landscape strip shall be provided along all street rights-of-way.
Landscaping shall be provided in all other areas between sidewalk and edge of rights-of-way.
Other landscaping standards are provided in Chapter.18.86.
Signs See Chapterter.18.64.
Trash enclosures See Chapterter. 18.61.
27 Outside storage All outside storage shall be screened by a solid fence between 6 and 8 feet in height except for vehicle sales.
Public
improvements
Chapter.11.04.
Table 18.24.040: Development Standards Applicable to the C-2 Zone District Minimum lot size None.
Minimum lot
width
None.
Minimum yards Front yard: 5 feet, except 15 feet for a distance of 25 feet from an R district boundary. Yard must be landscaped and not used for parking or loading. Upper story may overhang if there is a vertical clearance of 12 feet.
Street side yard: Same as front yard, except no side yard adjacent to an alley.
Interior side yard: None, except when abutting a residential zone district it is 5 feet.
Rear yard: None, except when abutting a residential zone district it is 5 feet and a 6-foot masonry wall shall be constructed along the property line. It is 12 feet if accessible by a street, alley or parking lot. Upper floor may overhang if there is 14 feet of vertical clearance if not abutting a residential zone district.
Buildings over 35 feet in height: For rear and interior side yards, an additional 3 feet of setback is required for every 10 feet over 35 feet in height, up to a maximum of 15 feet.
Levee setback: 10 feet.
Other criteria and exceptions are provided in Section 18.84.070, Yards and fences.
Maximum
building height
8 stories, not to exceed 85 feet.
Other criteria and exceptions are provided in Sec.18.84.080.
Building
coverage
None.
Off-street
parking and
loading
See Chapter. 18.60.
28 Landscaping Landscaping shall be provided in all required front or street side yards and in all other areas between sidewalk and edge of rights-of-way. Other landscaping standards are provided in Chapter. 18.86.
Signs See Chapter.18.64.
Trash enclosures See Chapter.18.61.
Outside storage All outside storage shall be screened by a solid fence between 6 and 8 feet in height, except for vehicle sales.
Public
improvements
Chapter.11.04.
Table 18.24.050: Development Standards Applicable to the C-3 Zone District Minimum lot
size
None.
Minimum lot
width
None.
Minimum yards Front yard: 5 feet, except 15 feet for a distance of 25 feet from an R district boundary. Yard must be landscaped and not used for parking or loading. Upper story may overhang if there is a vertical clearance of 12 feet.
Street side yard: Same as front yard, except no side yard adjacent to an alley.
Interior side yard: None, except when abutting a residential zone district it is 5 feet.
Rear yard: None, except (1) when abutting a residential zone district it is 5 feet and a 6-foot masonry wall shall be constructed along the property line or (2) it is 12 feet if accessible by a street, alley or parking lot. Upper floor may overhang if there is 14 feet of vertical clearance if not located abutting a residential zone district.
Buildings over 35 feet in height: For rear and interior side yards, an additional 3 feet of setback is required for every 10 feet over 35 feet in height, up to a maximum of 15 feet.
Levee setback: 10 feet.
The criteria and exceptions are provided in Section 18.84.070, Yards and fences. 29 Maximum
building height
8 stories, not to exceed 85 feet.
Other criteria and exceptions are provided in Sec. 18.84.080.
Building
coverage
None.
Off-street
parking and
loading
See Chapter.18.60. Parking is not required in the Downtown District.
Landscaping Landscaping shall be provided in all other areas between sidewalk and edge of rights-of-way.
Other landscaping standards are provided in Chapter.18.86.
Signs See Chapter 18.64.
Trash
enclosures
See Chapter.18.61.
Outside storage All outside storage shall be screened by a solid fence between 6 and 8 feet in height, except for vehicle sales.
Table 18.24.060: Development Standards Applicable to the C-H Zone District Minimum lot
size
None.
Minimum lot
width
None.
Minimum
yards
Front yard: 5 feet (must be landscaped), except within 25 feet of a residential district it shall be 15 feet. Upper story may overhang with a vertical clearance of 12 feet. 30 Street side yard: Same as front yard.
Interior side yard: None, except when abutting a residential zone district it is 5 feet.
Rear yard: None, except when abutting a residential zone district it is 5 feet and a 6-foot masonry wall shall be constructed along the property line. It is 12 feet if accessible by a street, alley or parking lot. Upper floor may overhang if there is 14 feet of vertical clearance if not abutting a residential zone district.
Buildings over 35 feet in height: For rear and interior side yards, an additional 3 feet of setback is required for every 10 feet over 35 feet in height, up to a maximum of 15 feet.
Levee setback: 10 feet.
Other criteria and exceptions are provided in Section 18.84.070, Yards and fences.
Maximum
building
height
8 stories, not to exceed 85 feet.
Other criteria and exceptions are provided in Sec.18.84.080.
Building
coverage
None.
Off-street
parking and
loading
See Chapter 18.60.
Landscaping A 5-foot-wide landscape strip shall be provided along all street rights-of-way.
Landscaping shall be provided in all other areas between sidewalk and edge of rights-ofway. Other landscaping standards are provided in Chapterter.18.86.
Signs See Chapter.18.64.
Trash
enclosures
See Chapter.18.61.
Outside
storage
All outside storage shall be screened by a solid fence between 6 and 8 feet in height, except for vehicle sales.
Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
Industrial
31 Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
Indoor assembly, processing, fabricating, treatment,
manufacturing, repairing or packaging of goods that do
not create noise, dust odor, smoke, bright light, involve the handling of explosives or inflammable materials as
a primary use, or otherwise create offensive conditions at the property line
P P P
The uses described above or provided elsewhere in this
table that may create the potentially offensive
condition(s) described above
U U
Adult oriented business U U U Chap. 18.66
Auto body, radiator, upholstery repair, brake, muffler
shop, tire shop2
P P
Auto service station P P Sec. 18.96.050
Auto wrecking yard1 U U
Auto, boat, and motorcycle sales, repair and rental2 P P P Bank, financial institution, insurance P P P
Bar, night club, lounge, tavern P P
Bottled gas sales1 U U U
Building material sales, lumber yard P P
Bulk petroleum and pressurized gas product storage
and wholesale
U U
Bus depot U4 U4 U4
Cabinet, plumbing, sheet metal, welding, machine shop P P Commercial cannabis activity business, including
medical cannabis dispensary:
Chap. 5.10, 18.67, 18.69
• Cultivation, specialty, small, 500—5,000 square feet U U U 32 Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
• Cultivation, specialty mixed light, small, 2,501—
5,000 square feet
U U U
• Cultivation, specialty cottage (indoor), small, up to 2,500 square feet
U U U
• Cultivation, indoor, small, 5,001—10,000 square feet U U U • Cultivation, mixed light, small, 5,001—10,000 square
feet
U U U
• Cultivation, indoor, medium, 10,001—22,000 square
feet
U U U
• Cultivation, mixed light, medium, 10,001—22,000
square feet
U U U
• Cultivation, nursery (indoor) U U U
• Cultivation, indoor, large, >22,000 square feet U U U • Cultivation, mixed light, large, >22,000 square feet U U U • Manufacture 1 (use of nonvolatile solvents) U U U
• Manufacture 2 (use of volatile solvents) ZC ZC ZC
• Testing laboratory P P P
• Retailer (medical cannabis only) U U U
• Distributor ZC P P
• Microbusiness (medical cannabis only), <10,000
square feet cultivation
U U U
Car wash P P P
Card room U4 U4 U4
Caretaker, night watchman residence P P P
Cement and asphalt plant U
33 Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
Clubs and lodges U4 U4
Cold storage facility P P
Commercial laundry P P
Community center P P
Contractor’s yard, outdoor material storage P P
Cultural institution P P
Day care center U U
Distribution center P P
Drive-through facilities MU4 MU4 MU4 Sec. 18.96.030
Dry cleaning, dyeing plant P P
Employment centers (includes office uses that
generally do not cater to the public such as call centers) P P P
Equipment rental P P
Farm equipment and supply sales P P
Flea market U
Funeral establishment P P
General retail sales and services conducted indoors
(unless otherwise specified in this table)
P P P
Health/fitness facility P P P
Heliport, airport U4 U4
Hospital1 U4 U4 U4
Hotel, motel U U4 U
Indoor entertainment (theater, video arcade/fun center, skating rink, bowling, billiards)
P P P
34 Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
Kennel U
Laundry, laundromat P P
Library/museum P P
Lumber processing (sawing, planing, plywood, veneer,
laminating)
U U
Massage service U U Excludes services
exempted under
Sec. 5.48.270
Medical, dental, optical lab P P P
Moving and storage facility P P
Offices (administrative, governmental, business,
medical and professional)
P P P
Outdoor commercial recreation (theme, amusement
park, miniature golf, go-kart)
P P
Park P P P
Processing and manufacturing of food products P P
Public buildings and facilities P P P
Public parking P P P
Recreational vehicle park U U U
Recycling collection and materials processing facility1 U U Chap. 18.92 Religious facility U U U
Repair shop (i.e., shoes, radios, appliances, electronic equipment)
P P P
Research and development laboratory P P P
Restaurant U U U
35 Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
Retail plant nursery (includes outdoor sales) P P P
RV, camper sales and repair P P
Sales and indoor repair of commercial trucks and
trailers and other heavy equipment
P P
Schools and studios primarily conducted indoors U U
Secondhand store3 P P
Self-storage facility1 P P P Sec. 18.96.040
Tire recapping plant P P
Trade school P P P
Truck, freight terminal1 P P
Veterinary clinic, animal boarding, animal grooming3 P P Wholesale businesses, warehousing P P
Wholesale printing, engraving, lithography and
publishing
P P P
Wholesale vehicle sales, auction; vehicle storage P
Wireless communication facility U U U Chap. 18.95
Wood yard U
Wrecking, dismantling yard U
Residential Uses
Condominiums MU1 MU3 MU3
Emergency shelter U P U Sec.18.96.060
Employee housing P4 P4 P4
Home occupation ZC ZC Sec. 18.93
Live/work lofts MU1 MU1
36 Table 18.34.020: Allowed Uses and Permit Requirements for the Industrial Zone Districts Land Use
Zone District
Specific Use Regulation M-L M-1 M-2
Multifamily residence P P
Residences w/office or retail MU1 MU1
Senior congregate care facility, skilled
nursing/intermediate care facility
MU1 MU1
Single-family residence MU MU
Single-room occupancy (SRO) U U Sec.18.96.070
1 Minor use permit required.
2 Animal boarding must be conducted indoors with air conditioning unless a use permit is approved for outdoor boarding.
3 Employee housing (up to six persons), supportive housing, transitional housing, mobile homes on permanent foundations, and mobile home parks (including condominium and cooperative parks) are allowed and subject only to those restrictions and development standards that apply to other residential dwellings of the same type and number in the same zone.
18.94.010 Purpose.
(e) Encourage investment in historic properties and districts to enhance property values, stimulate economic activity, and provide for the stabilization of commercial and neighborhood areas, increase economic and financial benefits to the city and its inhabitants, and the promotion of tourist trade and interest; (f) Proved solutions for the preservation, rehabilitation, restoration, relocation, and adaptive reuse of qualified historical buildings to promote sustainability, to provide access for persons with disabilities, provide reasonable safety for the building occupants, and to provide a cost-effective approach to facilitate the preservation and continued use of qualified historical buildings.
18.94.020 Definitions.
Unless otherwise required by the context, the following words and phrases shall have the meaning ascribed to them by this section:
37 (1) “Addition” means a non-historical extension or increase in floor area or height of a building, structure, or property.
(2) "Alteration" means any exterior change or modification of a Designated historic building, a Contributing building in a historic district, or a Qualified Historical Building or Property including exterior changes to, or modifications of, the building, architectural details, or visual characteristics such as surface texture, grading, surface paving, new buildings or structures, removal of trees and other natural features, disturbance of archaeological sites or areas and placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, planting and landscape accessories affecting the visual qualities of the property visible from a public right-of-way. (3) "Architectural review board" means a three-member subcommittee of the planning and historic preservation commission established pursuant to Chapter 18.87. (4) “California Historical Building Code” means the regulations provided for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties. The code is intended to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users and requires enforcing agencies to accept solutions that are reasonably equivalent to the regular building code when dealing with qualified historical buildings or properties. (5) “California Register of Historical Resources” is an authoritative guide in California to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicated what properties are to be protected, the extent prudent and feasible from substantial adverse change.
(6) “Character-defining features” means the aspects of a building, structure, or site that physically conveys its historical significance including, but not limited to, size, scale, massing, materials, craftsmanship, decorative details, interior spaces and features, as well as the various aspects of its site and environment. (7) “Contributing building” means a building within a historic district that retains scale, mass, and other architectural and design characteristics to the degree that it contributes to the sense of time and place of the district.
(8) "Commission" means the planning and historic preservation commission. (9) "Council" means the city council of the city of Marysville. (10) "Demolition" means the destruction, razing or elimination of a historic building or structure. (11) “Designated historic building” means any building or structure that has been recognized by the City for its historical significance.
38 (12) “Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outer surfaces of an improvement, the kind and texture of the building materials, and the type and style of all windows, doors, porches, awnings, and other fixtures appurtenant to such improvement.
(13) “Historic district” means any area which has been recognized by the City for its historical and/or cultural significance.
(14) "Historic structure" means a building or other structure, such as a bridge, mine, highway, or locomotive that meets the Secretary of Interior’s significance criteria and is designated on the official register. (15) "Historical resource" includes, but is not limited to, any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in architecture, engineering, science, economics, agriculture, education, social, political, military, or culture to the City of Marysville.
(16) “Improvement” means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property or any part of such betterment. (17) “National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture as authorized by the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.). (18) “National Register Historic Commercial District, Marysville” means parts of fourteen blocks bounded by First, Sixth, C and E streets with contributing buildings that represent the period of 1854 to 1948. (19) “Noncontributing building” means a building within a historic district that does not contribute to the sense of time and place of the immediate area and the district. Noncontributing buildings may include buildings constructed after the period of significance of the historic district or buildings in which the historic characteristics have been irreparably modified. (20) "Owner" means the person or persons whose name(s) and address(es) appear on the last equalized assessment roll.
(21) “Period of significance” means the period of time when a qualified historical building or property was associated with important events, activities or persons, or attained the characteristics for its listing or registration.
(22) “Potential historical resource” means a building, structure, object, or site older than 50 years that has not yet been evaluated for historical significance.
(23) “Preservation” means applying measures necessary to sustain the existing integrity of historic property through protection, stabilization, ongoing maintenance and repairs of historic materials and features rather than extensive replacement and new construction. 39 (24) “Qualified Historical Building or Property” as defined in Health and Safety Code Section 18955 means any building, site, object, place, location, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. This shall include historical buildings or properties on, or determined eligible for, national, state, or local historical registers or inventories, such as the National Register of Historic Places, California Register of Historical Resources, State Historical Landmarks, State Points of Historical Interest, and city or county registers, inventories or surveys of historical or architecturally significant sites, places or landmarks.
(25) “Reconstruction” means the act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, property, or object for the purpose of replicating its appearance at a specific period of time. (26) “Register” means the City’s list of all Designated historic buildings, structures, objects, landmarks, sties, historic districts and Contributing buildings, and Qualified Historical Building or Property that are historically significant.
(27) “Rehabilitation” means the process of making possible a compatible use for a historic property through repair, alterations, and additions while preserving features that physically convey its historical, cultural, or architectural values.
(28) “Relocation” means the act or process of moving any qualified historical building or property, or a portion of a qualified historical building or property to a new site or a different location on the same site. (29) “Restoration” means the process of returning a building or structure to a particular period of time by means of removal of features from other periods and/or reconstructing missing features to accurately depict the form, features, and character of a property and it appeared in the past. (30) Secretary of the Interior Standards. The federal standards providing guidance for preservation, restoration, rehabilitation, and reconstruction of historic buildings and structures.
18.94.040 Standards for designation.
Buildings fifty years old or older within the city of Marysville, or those that have achieved significance within the last fifty years, that meet the Secretary of the Interior’s significance criteria for an historic object, resource, building or structure or contributor to an historic district are hereby designated historical structures resources.
Further, other buildings or structures may be eligible for designation as historical resources only if they are visually accessible to the public, and satisfy one or more of the following criteria:
(1) The property is the first, last, only, or most distinctive historic property of its type in the city; (2) The property is associated with an individual or group having a profound influence on the history of the state of California, the city of Marysville, or the county of Yuba; 40 (3) The property is a prototype of, or an outstanding example of, a period, style, architectural movement, or construction, or is one of the more notable works, or the best surviving work in the state, city or county of a pioneer architect, designer or master architect or builder. (Ord. 1299 § 46, 2005: Ord. 1216 (part), 1996).
18.94.080 Applicability.
The provisions of this chapter shall be inapplicable to the construction, alteration, demolition, or relocation of any buildings or structures where a building permit for such work was issued prior to the designation of such building, structure or historic district as a historical resource (Ord. 1216 (part), 1996). None of the provisions of this chapter shall prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous conditions of any historical resource where such condition has been declared unsafe or dangerous by any appropriate city public official or body, and where the proposed measures have been declared necessary by such official or body to correct the condition; provided, however, that only such work as is necessary to correct the unsafe or dangerous condition. In the event any structure or other feature is damaged by fire, earthquake, or other natural disaster, to such an extent that in the opinion of the aforesaid officials or body it cannot be reasonably repaired and restored, it may be removed in conformity with applicable permit procedures and applicable laws.
18.94.120 Penalty.
Any person who violates this chapter shall be guilty of an infraction, punishable by:
(a) A fine, not exceeding five hundred dollars, for the first violation; (b) A fine, not exceeding one thousand dollars, for a second violation; (c) A fine, not exceeding fifteen hundred dollars, for each additional violation of this chapter within one year. (Ord. 1216 (part), 1996).
18.94.130 Showing of hardship.
If the applicant presents evidence clearly demonstrating to the satisfaction of the approving authority that failure to approve the application for building permit and/or design review approval will cause an extreme hardship because of conditions peculiar to the particular structure or other feature involved, the approving authority may approve or conditionally approve such application even though it does not meet the stipulated standards of review. The applicant shall bear the burden of providing evidence of hardship. The city planner or commission is authorized to request that the applicant furnish additional information, documentation, and/or expert testimony, the cost of which shall be paid by the applicant, to be considered. In determining whether hardship exists, the approving authority shall consider evidence that demonstrates that denial of the application will deprive the applicant of all reasonable economic value of the property; or utilization of the property for lawful purposes is prohibited or impractical.
18.90.020 Definition
41 ADUs are separate, complete homes for at least one person that are located on the same property as another, primary home. That means that ADUs have a place to live and sleep, a kitchen, and in most cases, their own bathroom.
A. Accessory dwelling unit” shall be as defined by Government Code Section 65852.2, as it now exists or may hereafter be amended, and means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons. The unit shall be located on a permanent foundation or a permanent chassis if a manufactured home, have an independent exterior access (if located within a singlefamily dwelling unit), and shall include permanent provisions or infrastructure to support living, sleeping, eating, cooking, and sanitation on the same parcel as where a single-family, two-family or multi-family dwelling is situated or proposed to be situated. Accessory dwelling units can also include efficiency units, as defined in Section 17958.1 of the Health and Safety Code, manufactured homes, as defined in Section 18007 of the Health and Safety Code, second dwelling units, granny flats, in-law quarters, casitas, carriage units, and tiny houses as long as such units otherwise meet this definition.
B. “Accessory structure” means a structure that is accessory and incidental to a single-family, two-family or multi-family dwelling located on the same lot.
C. “Car share vehicle” means a vehicle that can be rented for short periods of time and is available 24-hours a day, seven days a week at unattended self-service locations.
D. “Existing structure,” for the purposes of defining an allowable space that can be converted to an accessory dwelling unit, means the following:
1. The proposed accessory dwelling unit is located within the walls and roofline of a fully enclosed, existing structure (i.e., the existing footprint); and
2. The existing structure can be made safely habitable under local building codes at the determination of the building official, regardless of any nonconforming zoning conditions.
E. “Junior accessory dwelling unit” shall be as defined by Government Code Section 65852.22, as it now exists or may hereafter be amended, and means a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
F. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
G. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
H. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
I. “Permanent provisions or infrastructure,” in the context of the definition of an “accessory dwelling unit,” means a permanent kitchen consisting of a sink, a counter for food preparation, a food storage area, and either a minimum 220V receptacle or a dedicated gas line for a cooking appliance (a 110V receptacle for a microwave, toaster, hotplate, etc. is not a permanent provision); a toilet connected to plumbing; a bathroom sink connected to plumbing; and a bathing facility connected to plumbing, such as a shower or bathtub. 42 J. “Primary dwelling unit” means a proposed or existing single-family, two-family or multi-family dwelling unit located on the lot where the accessory dwelling unit is proposed to be developed, and includes attached, enclosed accessory structures, such as a garage.
K. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
L. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
M. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
N. “Within the existing space” includes areas within an existing primary dwelling unit or within an existing attached or detached accessory structure such as a garage, storage area, a carriage house, a pool house, studio, and similar enclosed structures. The addition of square footage, including, but not limited to, the addition of another floor, is not considered to be “within the existing space,” unless the expansion is for the purposes of ingress and egress and does not exceed 150 square feet. Additions of square footage which are not “within the existing space” are considered new construction.
43 SECTION 2.
The following Sections 18.12.050, 18.24.070, 18.36.010, 18.36.020, 18.36.030, 18.84.010, 18.98.010,
18.98.020, 18.98.030, 18.98.040,18.99.010, 18.99.020, 18.99.030, 18.99.040, 18.99.050, 18.99.060, 18.99.070 are hereby added to the City of Municipal Code which read in their entirety; as follows:
18.12.050 Downtown Specific Plan Districts Designated
The several classes of Zoning Districts within the Downtown Specific Plan districts established and into which the city is or may be divided are designated as follows:
DMU Downtown Mixed Use
B B Street Corridor
CMU Commercial Mixed Use
ME Medical Arts
MU-C Mixed Use Corridor
MU-N Mixed Use Neighborhood
18.24.070 Special Events Facility. Except as otherwise provided for in this Chapter, a special events facility may be permitted provided the facility complies with the following standards:
a. Food Vendors. Permittee is responsible for ensuring the event organizer and food vendors utilized by the organizer secure food permits with the Yuba County Division of Environmental Health. b. Hours of Operation. All events shall start no sooner than 9:00 a.m. and end by 10:00 p.m. each day. Facility setup and cleanup shall be allowed between the hours of 8:00 a.m. to 11:00 p.m. All guests of an event other than those staying in approved overnight lodging facilities shall be off the property by 10:30 p.m. c. Operational Controls.
(1) Noise. Outdoor amplified sound shall not exceed 65 dB when measured at the property lines. (2) Light and Glare. Any proposed outdoor lighting used during events shall be downcast and shielded so that neither the lamp nor the reflector interior surface is visible from any off-site location. (3) Odor. A special event shall not cause objectionable odors on adjacent properties. d. Parking.
(1) On-Site Parking. On-site parking shall be provided at a minimum ratio of one space per 2.5 attendees, on a lot free of combustible material.
(2) Off-Site Parking. If off-site parking is utilized, written consent shall be obtained from the owners of all offsite parking areas. A minimum of one parking attendant shall be present at each lot used for off-site parking to assist in parking vehicles. For each off-site parking lot containing 50 or more vehicles, one parking attendant 44 per 50 vehicles shall be provided. For temporary parking lots, signs and directional signs shall be posted no earlier than the day before the event and shall be removed no later than the day following the event. For events that require off-site parking, monitors shall be provided to direct traffic at all points of ingress, egress, and forks in private access roads and to turn away vehicles when authorized parking capacity is reached. If off-site parking is proposed, it shall be considered with the review of the land use permit for the event site. e. Sanitation. Permittee must provide sanitation facilities of adequate capacity that are accessible to attendees and event staff, including restrooms, refuse disposal receptacles, potable water and wastewater facilities. f. Use of Existing Structures. Existing structures used as part of a special events facility must comply and be permitted for commercial and public assembly occupancy and be in compliance with Americans with Disabilities Act (ADA), where applicable.
g. Other Permits and Licenses. Must obtain any other required permits from Federal, State or local agencies. h. Insurance. The operator of a special event facility shall have commercial property insurance for the use.
18.36 Public Quasi Public Uses
18.36.010 Purpose:
This chapter provides regulations applicable to primary uses in the civic and resource protection zoning districts established by Section 18.12 (Zoning districts established).
18.36.020 Public/Quasi-Public (P/QP) District. The public/quasi-public district is applied to land intended for education, parks and recreation, religious assembly, governmental offices, municipal corporation yards, water treatment plants, power generating facilities (including privately owned facilities), and other publicly-owned facilities.
18.36.030 Allowed Uses Primary uses are permitted in civic and resource protection zones subject to the requirements of this title as designated below:
A. Principally permitted use, designated as “P”;
B. Conditionally permitted use, designated as “CUP”; and C. Administratively permitted use, designated as “A.”
P/QP
Agricultural -
Animal Keeping -
Resource Protection and Restoration P
Resource Related Recreation P
Community Assembly P
Community Services P
45 P/QP
Religious Services P
Essential Services P
General P
Psychiatric P
Intensive Public Facilities P
Libraries and Museums, Private P
Emergency P
Supplemental/Individual Use CUP
General Power Production CUP
Passive Power P
Public Parking Services P
College and University P
Public/Private Elementary and Secondary CUP
Caretaker/Employee Housing A
Dwelling, Single-Family (3) CUP
Multi-family Residential P/CUP 1
Indoor Sports and Recreation P
Large Amusement Complex -
Outdoor Entertainment CUP
Outdoor Sports and Recreation CUP
Day Care Center P
Telecommunication Facilities P/A/CUP
18.84.110 Reasonable Accommodation.
46 This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. (a) Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the fair housing laws. (1) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. (2) A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.
(3) A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
(b) Application Procedure. Requests for reasonable accommodation shall be submitted to the Community Development Department and shall contain the following information:
(1) The applicant’s name, address, and telephone number. (2) Address of the property for which the request is being made. (3) The current actual use of the property.
(4) The basis for the claim that the individual is considered disabled under the fair housing laws. (5) The zoning ordinance provision, regulation, or policy from which reasonable accommodation is being requested.
(6) Why reasonable accommodation is necessary to make the specific property accessible to the individual. a. 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. b. Any request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
c. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible. (c) Review.
47 (1) The city planner or his/her designee shall issue a written decision on a request for reasonable accommodation within thirty (30)-days of the date of the application. (2) Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with discretionary land use applications shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written modifications or grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.
(3) If necessary to reach a determination of the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws. The request shall specify in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request. (4) Required Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the fair housing laws and shall be based on consideration of the following factors:
(A) Whether the housing, which is the subject of the request, will be used by an individual considered disabled under the fair housing laws.
(B) Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the fair housing laws. (C) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
(D) Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use or zoning. (E) Alternative reasonable accommodation that may provide an equivalent level of benefit. (5). Written Decision on the Request for Reasonable Accommodation (A) The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including reviewing the authority’s findings on the criteria set forth above. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail. (B) The written decision of the reviewing authority shall be final unless an applicant appeals it to the jurisdiction’s planning commission.
(C) If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30)-day time period allotted by Section (c)(1) above, the request shall be deemed granted. (D) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. (6) Appeals.
(A) Within thirty (30) days of the date of reviewing authority’s written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing. 48 (B) If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide aid to ensure that the appeals process is accessible.
(C) 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.
(D) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
18.98 DOWNTOWN SPECIFIC PLAN
18.98.010 Purpose
18.98.020 Definition
18.98.030 Conflict
18.98.040 Violations
18.98.010 Purpose
The purpose of the Downtown Specific Plan Downtown Code is to direct public and private development consistent with the community vision for the Downtown Specific Plan Area. Revitalization within the older areas of the city presents unique development challenges. The Downtown Specific Plan is therefore a comprehensive document which provides detailed performance criteria and development standards that are intended to facilitate development while recognizing the area’s unique and historic character. Key elements addressed in the Downtown Specific Plan include:
A. Permitted and conditionally permitted uses for various zone districts.
B. Prescriptive development standards including setbacks, heigh requirements, and floor area ratios.
C. Development guidelines, landscaping and public realm improvements.
D. Details that define the character of the Downtown Specific Plan Area.
18.98.020 Definition
“Downtown Specific Plan Area” means the area encompassing approximately 467-acres within the central portion of the Downtown Area including the Medical Arts District, E-Street Corridor, and Ellis Lake areas and designated by the Sacramento Area of Governments as a designated Green Means Go area.
18.98.030 Conflicts
In the event of any conflict between the provisions of the Downtown Specific Plan Downtown Code and the provisions of the Marysville Municipal Code, the provisions of the Downtown Specific Plan shall prevail.
However, with regard to topics that the Downtown Specific Plan does not address, the provisions of the Marysville Municipal Code shall prevail.
18.98.040 Violations.
A violation of the requirements of the Downtown Specific Plan is punishable as an infraction. 49 18.98.050 Downtown Specific Plan Allowed Land Use
The following land use matrix specifies permitted uses, conditionally permitted uses, administratively permitted uses and prohibited use for each of the Specific Plan Land Use Zones.
Existing buildings, structures, and uses permitted within the Specific Plan Area (as of the effective date of this chapter) shall continue to be permitted and exempt from the requirements of this chapter as legal nonconforming.
The expansion of, addition, to or modification of an existing building, structure or use may be permitted subject to development plan review and approval of the Community Development Director to ensure that the proposed expansion is consistent with the policies and standards of this chapter of the Municipal Code.
Table 18.98.060 Allowed Uses and Permit Requirements for the Downtown Specific Plan Zone Districts Land Use Downtown
Mixed Use
B Street
Corridor
Commercial
Mixed Use
Medical
Arts
MixedUse
Corridor
Mixed-Use
Neighborhood
Residential
Assisted Living Facilities P U P P P
Condominiums P P P P P P
Emergency Shelter P P
Group Homes P P U P P
Halfplex P P P P P
Multiple-family residences P P P P P P
Live/Work Lofts P U U P P P
Residences w/office or retail P P P P P P
Residential accessory structure1 P U U P
Aging adults housing P U P P P
Single-family residence U U P P P
Single-room occupancy P if meets
minimum
General Plan
Density
P P P P P
Two-family residence (attached
or detached)
P if meets
minimum
General Plan
Density
P P P
Retail, Dining, Entertainment, and Services
1 Refer to Chapter 18.93 on Home Occupation regulations. 50 Land Use Downtown
Mixed Use
B Street
Corridor
Commercial
Mixed Use
Medical
Arts
MixedUse
Corridor
Mixed-Use
Neighborhood
Auto, boat, motorcycle, RV
repair
P
Automobile, boat, motorcycle,
all-terrain vehicle sales
P P
Bank, financial institution,
insurance
P P P P P P
Bar, night club, lounge, tavern P P P P P U
Brewery, winery, distillery P P P P U
With Accessory Tasting Room MU MU U U
Car wash U P U
Commercial recreation facility
– Indoor (Theater, video
arcade/fun center, skating rink,
bowling, billiards)
P P P P
Commercial recreation facility
– Outdoor (Theme, amusement
park, miniature golf, go-cart
track)
U U P U
Convenience store P P P P P
Drive-through facilities P P
Electric vehicle charging P P P P P
Gasoline, diesel fueling P P
General retail sales and
services
P P P P P P
Grocery, specialty foods P P P P P P
Grocery, farmers market P P P P P P
Health/fitness facility P P P P MU MU
Hotel, motel, bed and breakfast P P P P P
Neighborhood retail sales P P P P P P
Personal services P P P P P P
Restaurant, cafe, coffee shop P P P P P P
Secondhand store P P P P MU
Veterinary clinic, animal
hospital, animal boarding,
animal grooming, kennel
P P P P
Public/Quasi Public Uses
Clubs and lodges P P P P P
51 Land Use Downtown
Mixed Use
B Street
Corridor
Commercial
Mixed Use
Medical
Arts
MixedUse
Corridor
Mixed-Use
Neighborhood
Community center P P P P P
Cultural institution P P U P P
Library/museum P P P P P
Public buildings and facilities P P P P P P
Religious facility P MU U MU P
Community / Other
Child day care center P P P P P P
Conference/convention facility P P P P ZC U
School - College, university P P P P P
School - Elementary, middle,
secondary
P P P P P
School - Specialized
education/training
MU MU MU P MU MU
Fitness/health facility P P P
Medical services - Hospital MU MU MU P MU MU
Park, playground P P P P P
Studio - Art, dance, martial
arts, music, etc.
P P P P P
Office
Office P P P P P P
Mixed-Use: Office Component P P P P P P
Medical services - Doctor
office, clinic, or urgent care
P P P P
Medical services - Extended
care
MU U P U
Industry, Manufacturing, Assembly, Storage, Processing
Indoor assembly, processing,
fabricating, treatment,
manufacturing, repairing or
packaging of goods that do not
create noise, dust odor, smoke,
bright light, involve the
handling of explosives or
inflammable materials as a
primary use, or otherwise
create offensive conditions at
the property line
MU MU P P MU
Adult oriented business U
52 Land Use Downtown
Mixed Use
B Street
Corridor
Commercial
Mixed Use
Medical
Arts
MixedUse
Corridor
Mixed-Use
Neighborhood
Alcohol Beverage
Manufacturing
MU MU U U U
Auto body, radiator, upholstery
repair, brake, muffler shop, tire
shop
P U
Building material sales, lumber
yard
U U
Bus depot U U U U U
Cabinet, plumbing, sheet metal,
welding, machine shop
U P
Cannabis Cultivation 2 U
Cannabis Commercial 3 U U U U
Commercial laundry P P U
Dry cleaning, dyeing plant U U U U U U
Equipment rental U
Farm equipment and supply
sales
P
Flea market MU MU MU MU MU
Processing and manufacturing
of artisan food products
P U P U P P
Research and development P P P
Self-Storage Facility
Trade school U U U U U
Wholesale businesses,
warehousing
U U MU U MU
Wholesale printing, engraving,
lithography, and publishing
U U MU U MU
Note: land uses not listed, but similar activity to listed uses are to be treated in the same ways as listed similar uses.
*Future residential uses should be aware that the Downtown Specific Plan is urban and residential uses including live/workspaces could be located next to non-residential uses. 2 Refer to Chapter 18.67 for Cannabis regulations.
53 Table 18.98.070 Development Standards
The following provides standards for development in the Downtown Specific Plan Area.
Development
Standard
Downtown
Mixed Use
B Street
Corridor
Commercial
Mixed Use
Medical
Arts
Mixed-Use
Corridor
Mixed-Use
Neighborhood
Residential
Density
(dwelling units
per acre)
Min: 20
Max: 57
Min: 10
Max: 36
Min: 10
Max: 42
Min: 14
Max: 48
Min: 20
Max: 57
Min: 10
Max: 30
Non-Residential
Intensity (floor
area ratio)*
3.5 2.0 3.0 3.5 3.5 1.5
Maximum
Height (primary
structure)
75 feet or
6 stories
60 feet or
5 stories
75 feet or
6 stories
60 feet or
5 stories
60 feet or
5 stories
40 feet or
3 stories
Height
(accessory
structure)
Refer to Chapter 18.96.010 Accessory Buildings.
Minimum Front
Setback
0 ft 0 ft 0 ft 0 ft 0 ft 0 ft
Minimum Rear
Setback
5 ft 5 ft 10 ft 10 ft 10 ft 10 ft
Minimum Side
Setback
0 ft 0 ft 5 ft 0 ft 0 ft 5 ft
Maximum Lot
Coverage
100% 90% 90% 100% 100% 80%
Historic
Adjacency
Refer to Chapter 18.59 Historic Preservation Overlay Zone District and Historic Design Guidelines.
*Intensity is used to regulate non-residential development and mixed-use projects proposing both residential and non-residential development.
18.99 Urban Lot Splits
18.99.010 Purpose and Applicability.
A. This implements California Government Code sections 68582.21 and 66411.7, herein referred to as Senate Bill 9. The purpose is to apply objective local development standards for projects covered by Senate Bill 9. This Part is applicable only so long as Senate Bill 9 is operative.
18.99.020 - Urban Lot Split Standards.
A. Lot design requirements:
1.Lot frontage:
54 A. Where 55-feet of frontage on a public right-of-way is not proposed for both lots created by an Urban Lot Split, pursuant to Government Code Section 66411.7, each lot shall have a minimum of 30 feet of frontage on a public right-of-way and an average width of 30 feet, or B. Where 30-feet of frontage on a public right-of-way is not proposed for both lots created by an Urban Lot Split, one of the lots shall be provided with access by a corridor with at least 12 feet but no more than 15-feet of frontage on a public street.
C. Said access corridor shall maintain a width of at least 12-feet but no more than 15-feet for the entire length of the corridor.
D. The length of said access corridor shall be at minimum the required front setback of the zoning district in which the lot is situated.
E. The access corridor shall be kept free and clear of building or structures of any kind except for lawful fences and underground or overhead utilities.
F. Where one of the lots created by an Urban Lot Split does not propose frontage on a public right-of-way, direct access to the public right-of-way must be provided through an easement for ingress and egress and emergency access.
G. Said easement shall be a minimum 12-feet but no more than 15-feet in width for the entire length of the easement.
H. The length of said easement shall be at minimum the length of the required front setback of the zoning district in which the lot is situated.
I. Said easement shall be recorded as a Covenant of Easement on the Parcel Map for the Urban Lot Split.
18.99.030 Maximum lot depth, as required by Section 18 of this Code, shall be waived for lots created by an Urban Lot Split.
18.99.040 Property line and setbacks:
1.For lots accessed by a corridor of 12-feet to 15-feet in width:
A. Front property line is the property line that abuts the public street.
B. The front setback area is the entire length of the 12-foot to 15-foot-wide access corridor.
C. The rear property line is any property line that is generally parallel to the public right-of-way from which the lot gains access, and that abuts properties that are not a part of the Urban Lot Split.
D. The remaining property lines shall be considered side property lines.
2.For lots that do not abut a public street that are accessed by an easement:
A. There shall be no front property line.
B. The rear property line is any property line that is generally parallel to the public right-of-way from which the lot gains access, and that abuts properties that are not a part of the Urban Lot Split.
C. The remaining property lines shall be considered side property lines.
D. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving or shall be located within a utility easement.
E. A minimum of one dwelling unit shall exist on a lot being subdivided at time of recordation of a Parcel Map for an Urban Lot Split.
F. Lots created through an Urban Lot Split shall not contain more than two dwelling units, inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. In no case shall the city permit more than two units per lot created by an Urban Lot Split.
55 G. Lots that contain a two-family dwelling created pursuant to Senate Bill 9 without an Urban Lot Split, shall be limited to one attached accessory dwelling unit or two detached accessory dwelling units per lots.
H. For purposes of Government Code 66411.7(a)(3)(G), "acting in concert with" means knowing participation in a joint activity or parallel action towards a common goal whether or not pursuant to an express agreement. Examples include, but are not limited to, an adjacent parcel previously subdivided by a person acting on behalf of, acting for the predominant benefit of, acting on the instruction of, or actively cooperating with, the owner of the parcel that is being subdivided.
18.99.050 - Dwelling Unit Standards.
A. The cumulative Floor Area Ratio of units that are constructed pursuant to Senate Bill 9, excluding Accessory Dwelling Units and Junior Accessory Dwelling Units, shall be limited to .45 per lot or 800 sf per unit, whichever is greater. For purposes of this Part, Floor Area Ratio and unit square footage shall be calculated per Section 18 of this Code.
B. Height and stories. Units created pursuant to Senate Bill 9 shall be limited to a maximum height of no greater than thirty feet and no more than two stories. A maximum height of no greater than twenty feet and one story shall be applied to units situated within twenty feet of the rearmost property line.
C. Additional standards for dwelling units permitted under Senate Bill 9.
1. Garage frontage limit. The cumulative linear feet of the vehicular doors to a garage or garages that are oriented to face the front property line or side corner property line shall be no wider than one half of the width of the dwelling structure to which the garage or garages are attached.
2. Encroachments into setback areas are allowed per Chapter 18, however, in no case shall an encroachment be closer than three feet from a side property line. Eaves are the only encroachment allowed into a rear property line and must maintain a setback of three feet in any case.
18.99.060- Additional Requirements.
A. For projects covered by Senate Bill 9, the Applicant shall submit a statement under penalty of perjury that within the last three years there has been no tenant in a dwelling unit that is proposed to be altered or demolished.
B. Prior to approval of a Parcel Map for an Urban Lot Split or Ministerial Approval for a Senate Bill 9 project, the applicant shall record a deed restriction identifying that the units on the parcel or parcels may not be rented for a term of 30 days or less.
18.99.070 Waiver.
In the event these standards physically preclude the creation of a second unit pursuant to Senate Bill 9, applicants may seek a waiver through a process to be defined in administrative guidelines promulgated by the Director of Community Development.
56 SECTION 3. Severability.
If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared severable. The City Council hereby declares it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 4. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Marysville.
The foregoing Ordinance is passed by the City Council of the City of Marysville on the day of ____of ________ 2025 by the following votes:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ___ day of ____, 2025.
CITY OF MARYSVILLE, CALIFORNIA
By its City Council
____________________________________
Chris Branscum, Mayor
ATTEST
_____________________________________
Nadine Sims, City Clerk
Attestation Date: _______________________
EXHIBIT A
The following map is added in an uncodified manner in its entirety, to depict the City Marysville Zoning Districts.
Downtown Specific Plan Zoning Map
EXHIBIT B
The following map is added in an uncodified manner in its entirety, to depict the City of Marysville Downtown Specific Plan Zoning Districts.
Downtown Specific Plan Zoning Map
EXHIBIT C
DOWNTOWN SPECIFIC PLAN FINDINGS
A Findings Required for Approval
The City Council, when approving an amendment to Title 17 Zoning Ordinance, shall adopt findings of fact.
These findings shall include, but not be limited to, the following:
1. The Zoning Code Change is consistent with the goals, objectives and policies of the General Plan and the Zoning Ordinance, as amended.
Finding: Zoning Code primarily is being updated to be consistent with state law, the City’s Housing Element and to revise the Zoning Map consistent with the Downtown Specific Plan. The amendments will comply with the following General Plan goals:
Land Use Element
• Goal LU+CD-1 Enhanced quality of life, unique identify, and sense of community
• Goal LU+CD -2: Sustainable fiscal conditions, robust economic development, and improved match between local jobs and the local labor force. • Goal LU+CD-3 Mixed-use infill development and reinvestment in an active and vibrant Downtown
• Goal LU+CD-4: Community design and development patterns that promote walking and bicycling.
• Goal LU+CD-5: A preserved historic built environment with significant reinvestment.
• Goal LU+CD-6: Preserved and enhanced residential neighborhoods • Goal LU+CD-8: High-quality, efficient, and effective public infrastructure, facilities and services.
• Goal LU+CD-9: Protection of persons, structures, and nearby airports from incompatible developments within Airport Influence Areas. • Goal LU+CD-10 Efficient and sustainable growth and expansion.
Circulation Element
• Goal C-1: A safe and efficient transportation system. • Goal C-2: Convenient access for all ages and abilities • Goal C-3: Reduced household transportation costs and improved public health through managed vehicular travel demand.
• Goal C-4: A parking supply that meets local needs and does not impede economic development or active transportation.
• Goal C-5: A goods movement system that allows timely deliveries without adversely affecting the local quality of life.
•
Open Space, Conservation and Recreation Element
• Goal OS-1: Diverse opportunities for recreation for residents and visitors. • Goal OS-2: Conserve and protect water supply, groundwater sustainability and water quality.
• Goal OS-3: Protected wildlife and plant habitat and movement corridors. • Goal OS-4: Preserve archaeological, tribal cultural and unique paleontological resources.
• Goal OS-5: Orderly extraction of minerals while protecting sensitive environmental resources.
• Goal OS-6: Improved energy and greenhouse gas efficiency that reduces household and business energy and transportation costs. • Goal OS-7: Reduced exposure to harmful and hazardous air pollutants and objectionable odors.
Environmental Justice Element
• Goal EH-1: minimized acute health risks and improved community health. • Goal EJ-2: Expanded access to healthy food and nutrition. • Goal EJ-3: Access to safe and sanitary homes for people of all races, backgrounds, and income levels.
• Goal EJ-4: Ample opportunities for physical activity across the city. • Goal EJ-5: Expanded participation in City decisions with an emphasis on residents of areas of concentrated poverty.
Noise Element
• Goal N-1 Minimize noise and vibration impacts from existing and proposed development projects, transportation networks, and reduce existing sources of noise affecting noise-sensitive uses.
.
2. The proposed change will not adversely affect the character, livability or appropriate development of the surrounding area.
Finding: The Zoning Code amendments will not adversely affect the character, livability or appropriate development of the surrounding area. The code changes focus on programs identified in the Housing Element.
3. That the proposed amendment would not be detrimental to the public health, safety, or welfare of the community.
Finding: The project meets this finding, because: (1) the amendments will change land use designations for land that was underutilized and (2) is being amended to meet state law regarding streamlining housing.
4. The amendment would maintain an appropriate balance of land uses within the City:
Finding: The project meets this finding, because: (1) the project will change land use designations to increase the variety of residential land uses by providing higher density work force housing opportunities (2) the project will continue to support park and open space land to provide recreational opportunities for future residents; and (3) the project will provide additional commercial opportunities to serve both existing and future residents.
Zoning Code Amendment Conclusion
Based on the facts and findings above, the project meets the findings.