(3) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations). g. The project site is not located on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless either of the following apply:
(1) The site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25296.10 subdivision (g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5. (2) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to Health and Safety Code Section 25296.10 subdivision (c), has otherwise determined that the site is suitable for residential use or residential mixed uses.
h. The project site is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter
12.2 (commencing with Section 8875) of Division 1 of Title 2. i. The project site is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(1) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (2) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. j. The project site is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. k. The project site is not located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan Created: 2023-08-15 15:51:08 [EST]
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pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
l. The project site does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
m. The project site is not under a conservation easement. n. The project site does not contain a tribal cultural resource that is on a national, state, tribal, or local historic register list.
o. The project site does not have a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subclause (6) of clause (b) of subparagraph (2) of paragraph (D).
p. The project site is not an existing parcel of land or site that is governed under any of the following:
(1) The Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
(2) The Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code).
(3) The Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
B. Parking Standards.
1. Parking. A minimum of one parking space per unit shall be provided, except that no parking spaces shall be required if any of the following instances apply:
a. The development is located within one-half mile of public transit. b. The development is located within an architecturally and historically significant historic district. c. When on-street parking permits are required but not offered to the occupants of the development. d. When there is a car share vehicle located within one block of the development.
C. Affordability and Labor Requirements.
1. Affordability Requirements. A minimum percentage of below market rate units shall be mandated as follows.
a. 10 percent Affordability. If the city 1) did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, 2) did not submit its latest production report to the department by the time period required by Government Code Section 65400, or 3) that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period:
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(1) Rental units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income.
(2) Owner units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
(3) Small project exemption. Projects of 10 units or less shall not be subject to the affordability requirement.
b. 50 percent Affordability. If the city’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, the project shall dedicate fifty (50) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
c. The development proponent shall commit to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to this section shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(1) Rental units. Fifty-five (55) years.
(2) Owned units. Forty-five (45) years.
2. Labor Requirements.
a. Small Projects. Projects of 10 units or less and are not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code are exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures.
b. For projects of more than 10 units, the development proponent shall require in contracts with construction contractors, and shall certify to the city, that the following standards specified in this paragraph will be met in project construction, as applicable:
(1) Prevailing Wage Requirements. A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by the city pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(a) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(b) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(c) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
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(i) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (ii) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(2) Enforcement.
(a) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(i) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (ii) An underpaid worker through an administrative complaint or civil action. (iii) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(b) If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(c) This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (3) Large Projects. A development of 50 or more housing units approved by the city pursuant to this section shall meet all of the following labor standards:
(a) The development proponent shall require in contracts with construction contractors and shall certify to the city that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subclauses (b) and (c). A construction contractor is deemed in compliance with subclauses (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents. (b) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a stateapproved apprenticeship program under the terms and conditions set forth in Section Created: 2023-08-15 15:51:08 [EST]
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1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. (c) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(d) Reporting.
(i) The development proponent shall provide to the city, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subclauses (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. (ii) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subclauses (b) and (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (b) and (c). (iii) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code. (e) Recordkeeping. Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C.
Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(f) All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the city within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(g) A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subclause (c) in accordance with Section 218.7 or 218.8 of the Labor Code.
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(4) Tall Projects. For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(a) Except as provided in subclause (b), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(i) The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (b).
(ii) The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(iii) The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements. (iv) When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
1. The prime contractor and subcontractors at every tier will comply with this chapter.
2. The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
3. The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors. (b) Insufficient Skilled and Trained Workforce.
(i) If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work. (ii) The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 Created: 2023-08-15 15:51:08 [EST]
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of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, “project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(iii) Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a manager’s unit or units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code. (c) If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(i) An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(ii) Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iii) Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
1. Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
2. Any organization representing contractors that may perform work necessary to complete the project, including any contractors’ association or regional builders’ exchange.
3. For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
a. All projects developed on a site, regardless of when those developments occur. b. All projects developed on sites adjacent to a site developed pursuant to this chapter if the adjacent site had been subdivided from the site developed pursuant to this chapter.
D. Implementation.
1. Applicability of other regulations. This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by the city.
2. Submittal Process.
a. Before submitting an application for a development subject to the streamlined, ministerial approval process, the development proponent shall submit to the city a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 17.08.150 Preliminary vesting right application for housing development projects.
b. Tribal Scoping Consultation.
(1) The city shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed Created: 2023-08-15 15:51:08 [EST]
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development. In order to expedite compliance with this subdivision, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(2) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(a) The city shall provide a formal notice of a development proponent’s notice of intent to submit an application described in clause (a) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(i) A description of the proposed development.
(ii) The location of the proposed development.
(iii) An invitation to engage in a scoping consultation in accordance with this subdivision. (b) Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(c) The city shall commence the scoping consultation within 30 days of receiving a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision. (3) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe. (4) Parties to Scoping Consultation.
(a) The parties to a scoping consultation conducted pursuant to this subdivision shall be the city and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the city, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. (b) The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i) The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii) The development proponent and its consultants engage in the scoping consultation in good faith.
(iii) The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
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(5) Confidentiality. The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(a) Government Code Section 7927.000.
(b) Government Code Section 7927.005.
(c) Public Resources Code Section 21082.3, subdivision (c). (d) California Code of Regulations, Title 14, Secretion 15120, subdivision (d). (e) Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(6) Conclusion to Scoping Consultation.
(a) A scoping consultation shall be deemed to be concluded if either of the following occur:
(i) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(b) If the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development.
(c) If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the city on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined ministerial approval process. The city shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(d) If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the city regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process. The city shall provide written documentation of that fact, and provide the following:
(i) An explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
1. There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
2. The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.
3. The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
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(ii) Information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the city. (e) If the development or environmental setting substantially changes after the completion of the scoping consultation, the city shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(7) Application Acceptance. A city may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(a) A California Native American tribe that received a formal notice of the development proponent’s notice of intent to submit an application did not accept the invitation to engage in a scoping consultation.
(b) The California Native American tribe accepted an invitation to engage in a scoping consultation but substantially failed to engage in the scoping consultation after repeated documented attempts by the city to engage the California Native American tribe. (c) The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development. (d) A scoping consultation between a California Native American tribe and the city has occurred and resulted in agreement.
3. Objective Planning Standard Review.
a. If the city planner determines that a development submitted is consistent with the objective planning standards, the City shall approve the development.
b. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards, the city planner shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(1) Within 60 days of submittal of the development to the City pursuant to this section if the development contains 150 or fewer housing units.
(2) Within 90 days of submittal of the development to the cCity pursuant to this section if the development contains more than 150 housing units.
(3) If the city planner fails to provide the required documentation, the development shall be deemed to satisfy the objective planning standards.
c. A development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. City shall not determine that a development, including an application for a modification under subparagraph (8) of paragraph (D), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
d. All City departments that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
e. The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Created: 2023-08-15 15:51:08 [EST]
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Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the City pursuant to this section, or at the time a notice of intent is submitted pursuant to clause (a) of subparagraph (2) of paragraph (D), whichever occurs earlier. For purposes of this paragraph, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.
These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(1) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (2) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(3) A project that satisfies the requirements of Government Code Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.
4. Design Review.
a. Any design review of the development may be conducted by Planning Commission or any equivalent board or commission responsible for design review. Design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed, and if the development is consistent with all objective standards, the City shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1) Within 90 days of submittal of the development to the City pursuant to this section if the development contains 150 or fewer housing units.
(2) Within 180 days of submittal of the development to the City pursuant to this section if the development contains more than 150 housing units.
b. If the development is consistent with the requirements of clause (a) of subparagraph (2) of paragraph (C) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in clause (a). c. If the City determines that a development submitted pursuant to this section is in conflict with any of the standards imposed, it shall provide the development proponent written documentation of which Created: 2023-08-15 15:51:08 [EST]
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objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in clause (a).
5. Expiration of Approvals.
a. Three Years. Unless otherwise applicable under clause (b), approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress.
For purposes of this subdivision, “in progress” means one of the following:
(1) The construction has begun and has not ceased for more than 180 days. (2) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
b. Maximum One-Year Discretionary Extension. The City may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
c. No Expiration. Approval shall not expire if the project satisfies both of the following requirements:
(1) The project includes public investment in housing affordability, beyond tax credits. (2) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
d. Project Modifications. If the development proponent requests a modification pursuant to subparagraph (8), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
6. Public Meeting for Special Locations. For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subparagraph (2) and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, the City shall provide for a public meeting to be held by the City Council to provide an opportunity for the public and the cCity to comment on the development.
a. The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). If the City fails to hold the hearing within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
b. Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
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c. The development proponent shall attest in writing that it attended the meeting described in subclause (a) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described.
7. Environmental Review. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by the City or a state agency to:
(1) Lease, convey, or encumber land owned by the city; or, (2) Facilitate the lease, conveyance, or encumbrance of land owned by the city; or, (3) Any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(4) Approve improvements located on land owned by the city that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(5) an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code Section 66410)), if the development is consistent with the requirements of this section and is consistent with all objective subdivision standards in the local subdivision ordinance.
(6) Determine whether an application for a development is subject to the streamlined ministerial approval process provided by this section.
(7) A scoping consultation conducted pursuant to this section.
8. Permit Modifications. A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the City before the issuance of the final building permit required for construction of the development. a. Processing Time. Upon receipt of the development proponent’s application requesting a modification, the City shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. b. Scope of Review.
(1) The City shall approve a modification if it determines that the modification is consistent with the objective planning standards that were in effect when the original development application was first submitted.
(a) Exception:. Objective planning standards adopted after the development application was first submitted to the requested modification may be used when any of the following instances apply:
(i) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more. The calculation of the square footage of construction changes shall not include underground space. (ii) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)
development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.
(2) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building, plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent. (3) Review of a modification request shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
E. Definitions. The following definitions shall apply to the interpretation and implementation of Section
17.08.140 Application for streamlined ministerial multifamily approval.
1. “Affordable housing cost” has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
2. “Affordable rent” has the same meaning as set forth in Section 50053 of the Health and Safety Code, unless the following scenarios apply:
a. For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
b. For a development that dedicates 100 percent of units, exclusive of a manager’s unit or units, to lower income households, “affordable rent” shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
3. “Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
4. “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between the city and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research. “Health care expenditures” include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward “medical care,” as defined in Section 213(d)(1) of the Internal Revenue Code.
5. “Development proponent” means the developer who submits a housing development project application to a city under the streamlined ministerial review process pursuant to this section.
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(Supp. No. 23)
6. “Moderate-income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
7. “Production report” means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Government Code Section 65400.
8. “Reporting period” means either of the following:
a. The first half of the regional housing needs assessment cycle. b. The last half of the regional housing needs assessment cycle.
9. “Residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
10. “Scoping” means the act of participating in early discussions or investigations between the city and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
11. “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
12. “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
17.08.150 Preliminary vesting rights application for housing development projects.
A. Applicability. Projects that include any of the following are eligible to submit a preliminary application:
1. Projects with at least two (2) residential units.
2. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
3. Transitional housing or supportive housing.
B. Application. A preliminary application shall include the following items, in addition to the processing fees applicable to the project:
1. The specific location, including parcel numbers, a legal description, and site address, if applicable;
2. The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located;
3. A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied;
4. The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance;
5. The proposed number of parking spaces;
6. Any proposed point sources of air or water pollutants;
7. Any species of special concern known to occur on the property;
8. Whether a portion of the property is located within any of the following:
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a. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178;
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
c. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code;
d. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter
12.2 (commencing with Section 8875) of Division 1 of Title 2; f. A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code;
9. Any historic or cultural resources known to exist on the property;
10. The number of proposed below market rate units and their affordability levels;
11. The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 17.08.130;
12. Whether any approvals under Title 16, Subdivisions, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested;
13. The applicant’s contact information and, if the applicant does not own the property, consent from the property owner to submit the application;
14. The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied;
15. A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands;
16. The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.
C. Application Review. Preliminary applications are not subject to the Permit Streamlining Act (Government Code Section 65943) and shall not require an affirmative determination by the City.
D. Post-submittal Revisions. After submittal of a preliminary application, should the applicant revise the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (B) so that it reflects the revisions.
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(Supp. No. 23)
E. Expiration of Preliminary Application.
1. A preliminary application shall expire if the applicant does not submit an application for the development project that includes all of the information required to process the development application consistent with Government Code Sections 65940, 65941, and 65941.5 within 180 calendar days of submittal of the preliminary application.
2. If the city planner determines that the application for the development project is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the city planner’s written identification of the necessary information. If the applicant does not submit this information within the 90-day period, the preliminary application shall expire and have no further force or effect. (Ord. 00-03 § 1, 2000)
Chapter 17.12 O OPEN SPACE AND RECREATION DISTRICT
17.12.010 Purposes.
The O open space and recreation district is intended primarily for application to those areas of the city where it is necessary and desirable to:
A. Provide permanent open spaces, whether public or private, which are necessary to safeguard the health, safety and welfare of the people;
B. Provide spaces for the location and preservation of public facilities such as parks, playgrounds and other public uses or private uses of a similar nature;
C. Reserve in substantially undeveloped state areas planned for future urban use where, because of locations lacking public services and facilities or because need for such urban expansion is not immediate, it is necessary to prevent uses or structures from being developed which might be inappropriate or premature to their eventual zoning classification. (Prior code § 13.02.001)
17.12.020 Permitted uses.
In the O open space and recreation district, permitted uses are as follows:
A. Flood control channels, spreading grounds, settling basins, parkways, park drives and buffers; B. Recreation areas, parks, playgrounds, wildlife preserves, horseback riding areas, golf courses, swimming pools;
C. Agricultural uses including grazing and raising of field crops, fruit and nut trees, vines, horticultural specialties, livestock and poultry, as permitted in the R-A district; D. Temporary or permanent telephone booths;
E. Incidental and accessory structures and uses, including required off-street parking or signs as permitted in the R-1 district;
F. Carnival (Reference definition in Section 17.04.110); G. Farmworker housing.
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(Supp. No. 23)
(Prior code § 13.02.002)
17.12.030 Uses permitted subject to conditional use permit.
In the O open space and recreation district, uses permitted subject to conditional use permit are as follows:
A. Caretaker's dwelling and necessary accessory buildings for uses permitted in Section 17.12.020; B.
Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks; C. Microwave relay stations;
D. Cemeteries;
E. Removal of natural resources;
F. Riding or boarding stables and pasture areas;
G. Accessory structure and uses located on the same site as a conditional use; H. Fair, rodeo or festival grounds.
(Prior code § 13.02.003)
17.12.040 Uses expressly prohibited.
The following uses are expressly prohibited in the O open space and recreation district:
A. Residential uses, except as provided for in Section 17.12.030(A) of this chapter.
B. Commercial uses other than those related to and under the regulations of city, county, state or federal recreation agencies;
C. Industrial uses;
D. Advertising structures;
E. Bars.
(Prior code § 13.02.004)
17.12.050 Property development standards.
The following property development standards shall apply to all land and structures in the O open space and recreation district:
A. Lot Area. No requirements.
B. Lot Dimensions. No requirements.
C. Population Density. None, however, the provisions of Section 17.12.030(A) shall apply.
D. Building Height.
1. The maximum height of buildings or structures shall be twenty-five (25) feet and not greater than one story, with the following exceptions:
a. Public service structures;
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(Supp. No. 23)
b. All other buildings or structures which the city manager determines are necessary for reasonable operation of permitted uses;
c. Those cases as approved by the planning commission pursuant to the provisions of this title.
E. Yards.
1. Front yard setback for permitted uses shall be thirty-five (35) feet measured from the front property line.
2. Side yard setback for permitted uses shall be twenty (20) feet.
3. Street side yard setback for permitted uses shall be thirty-five (35) feet.
4. Rear yard setback for permitted uses shall be twenty (20) feet.
5. Front, side and rear yards for conditional uses shall be as approved by the approving entity pursuant to the provisions of this title.
F. Space Between Buildings. The minimum distance between separate structures shall be ten feet; provided, however, that a structure housing livestock or poultry shall be at least thirty (30) feet from the nearest structure used for human habitation.
G. Lot Coverage. The maximum site area covered by structures shall be ten percent except as approved by the planning commission pursuant to the provisions of this title.
H. Fences, Hedges and Walls.
1. Except where public safety or protection of buildings and equipment require enclosure, publicly owned land shall remain accessible to the maximum extent feasible, consistent with the primary use of the property.
2. Private property may be enclosed or screened as permitted in the R-A district.
3. Corner Cut-Off Areas. The following regulations shall apply to all intersections of streets, alleys or private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cut-off areas established in this section. a. There shall be a corner cut-off area at all intersecting streets or highways. The cut-off line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway. b. There shall be a corner cut-off area on each side of any private driveway intersecting a street or alley. The cut-off line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.
c. There shall be a corner cut-off area on each side of any alley intersecting a street or alley.
The cut-off line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.
d. Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not provide for intersection visibility, said corner cut-off shall be defined by a line drawn from a Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)
point on the front (or rear) property line that is not less than thirty (30) feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than thirty (30) feet from said intersection of the side and front (or rear) property lines.
I. Off-Street Parking. No requirement, except that where a congregation of people is intended, there shall be one parking space for each five persons which the facility is intended or designed to serve for each use as prescribed in this title or as may be otherwise required by the planning commission pursuant to the provisions of this title.
J. Access. No requirements other than where a congregation of people is intended, in which case access to parking areas shall be from a dedicated road, improved street or by way of an easement legally established for vehicular traffic.
K. Signs. No outdoor advertising structure or sign of any character shall be permitted except as provided in R-A residential/agricultural district, Section 17.16.050(K). (Prior code § 13.02.005)
(Ord. No. 14-02, § 15, 2-11-2014)
17.12.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92 of this title.
(Prior code § 13.02.006)
Chapter 17.16 R-A SINGLE-FAMILY RESIDENTIAL/AGRICULTURAL DISTRICT Sections:
17.16.010 Purposes.
The R-A single-family residential/agricultural district is intended:
A. Primarily for application to areas located at the fringe of the city's corporate area, where denser population and full provision of urban services is inappropriate.
B. To provide living areas which combine certain advantages of both urban and rural location by limiting development to very low density concentrations of one-family dwellings and permitting limited numbers of animals and fowl to be kept for pleasure or hobbies, free from activities of a commercial nature.
(Prior code § 13.03.001)
17.16.020 Permitted uses.
In the R-A single-family residential/agricultural district, permitted uses are as follows:
A. One-family dwellings, but not more than one dwelling per lot; B. Home occupations, subject to the provisions of Chapter 17.86; Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)
C. Accessory structures and uses;
D. Raising of field crops, fruit and nut trees, vines, vegetables, horticultural specialties greenhouses, not sold on property;
E. Nurseries for producing trees, vines and other horticultural stock, with necessary temporary farm labor camps;
F. Raising of livestock on a site containing an area of not less than thirty-six thousand (36,000) square feet; provided, however, that the number of livestock shall not exceed a number equal to four adult animals in any combination, and their immature offspring, per each thirty-six thousand (36,000) square feet, and further provided that the keeping of such domestic animals shall be conducted in a safe and healthy manner as may be governed by the health officer of the county of Fresno; G. Breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters and other small animals and fowl on a domestic basis;
H. Storage of petroleum products for use by the occupants of the premises but not for resale or distribution;
I. Farm buildings to include, but not limited to, wind machines, coops, tank houses, storage tanks, barns, stables, silos and other farm out-buildings;
J. The keeping of household pets, subject to the provisions of Section 17.04.110 definition "household pets";
K. Tract offices, model homes and construction materials storage yards of a temporary nature, within the tract being development and subject to the conditions applicable to subdivision signs on site as set forth in Section 17.16.050(K)(3);
L. Carnival (reference definition in Section 17.04.110); M Transitional housing;
N. Supportive housing;
O. Accessory dwelling units;
P. Permanent labor camps;
Q. Residential care facilities.
(Prior code § 13.03.002)
(Ord. No. 11-01, § 5, 3-22-2011; Ord. No. 14-05, § 3, 9-9-2014)
17.16.030 Uses permitted subject to conditional use permit.
In the R-A single family residential/agricultural district, uses permitted subject to conditional use permit are as follows:
A. Any additional use permitted or conditionally permitted in the O district; B. Churches;
C. Nursery schools or child care nurseries, not to exceed ten children; D. Roadside stands for the sale of agricultural products produced on the same site; Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)
E. Private or parochial schools of an elementary, secondary or college level; F. Public schools, parks and playgrounds;
G. Subdivision signs;
H. Water pump stations;
I. Incidental and accessory structures and uses located on the same site as a conditional use; J. Sale of agricultural products in a separate structure (wholesale only); K. Second units, as the same is defined in Government Code Section 65852.2(d)Mobile home parks; L. Board or rooming houses (reference Section 17.04.110). (Prior code § 13.03.003)
17.16.040 Uses expressly prohibited.
Uses expressly prohibited in the R-A single-family residential/agricultural district are as follows:
A. Multiple-family residential uses;
B. Commercial uses;
C. Industrial uses;
D. Permanent farm labor camps[Reserved.];
E. Advertising structures;
F. Wireless telecommunications facilities.
(Prior code § 13.03.004)
(Ord. No. 17-06, § 1, 4-25-2017)
17.16.050 Property development standards.
Property development standards in the R-A single-family residential/agricultural district are as follows:
A. Lot Area. The minimum lot area shall be twenty-four thousand (24,000) square feet.
B. Lot Dimensions.
1. Width. Each lot shall have not less than one hundred twenty (120) feet lot width and frontage on a public street.
2. Depth. Each lot shall have not less than one hundred twenty (120) feet lot depth.
C. Population Density. The provisions of Section 17.16.020(A) shall apply.
D. Building Height.
1. No building or structure erected in this district shall have a height greater than two stories, not to exceed thirty (30) feet.
2. No accessory buildings in this district shall have a height greater than one story, not to exceed twelve (12) feet to plate height.
E. Yards.
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(Supp. No. 23)
1. General Yard Requirements. The provisions of the R-1 district, Section 17.24.050(E)(1), shall apply. Garages or carports shall be located not less than twenty (20) feet from any street frontage where the garage door or carport opening faces the street. Where yard requirements pose a greater setback such setback shall apply.
2. Front Yard.
a. The minimum front yard shall be thirty (30) feet.
b. Cul-de-sac lots shall have a front yard of not less than twenty-five (25) feet.
3. Side Yard.
a. The minimum side yard shall be ten feet, except for special conditions identified below. b. Corner Lots. On corner lots, unless otherwise specified in this code, the side yard abutting the street shall be not less than twenty (20) feet width. c. Reversed Corner Lots. On a reversed corner lot, the side yard abutting the street shall be not less than twenty (20) feet. Private garages located in the side yard shall be at least thirty (30) feet from the property line on the side street, and not less than five feet from the rear property line on said reversed corner lot.
d. Accessory Buildings on Side Yards.
i. Any accessory building located less than eighty (80) feet from the front property line shall have the same minimum side yard as that required for the main building, regardless of whether or not said accessory building is attached to the main building.
ii. An accessory building may be located on a side property line when said building is located eighty (80) feet or more from the front property line. iii. An accessory building having an opening on an alley shall be located not less than twenty-five (25) feet from the opposite side of the alley; provided, however, that such accessory building shall be located not less than five feet from the property line.
iv. Accessory buildings located in the side yard or its projection to the rear property line when abutting a street shall be at least thirty (30) feet from the property line on the side street, and not less than five feet from the rear property line on a reversed corner lot.
e. Main Building Abutting Alley. When siding on an existing alley, a main building shall be located not less than thirty (30) feet from the opposite side of the alley.
4. Rear Yard.
a. The minimum rear yard shall be twenty (20) feet.
b. Accessory Buildings. Nonresidential accessory buildings may be permitted in a required yard in accordance with Section 17.88.010 and as follows:
i. An accessory building other than a swimming pool may be located on the rear property line when said building is not abutting an existing alley and is not located within an easement.
ii. An accessory building having an opening on an alley shall be located not less than twenty-five (25) feet from the opposite side of the alley, or not less than five feet from the property line.
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(Supp. No. 23)
iii. Where any building or structure, except swimming or wading pools, occupies space in a required rear yard, the amount of space so occupied shall be provided elsewhere on the lot, exclusive of required yard areas. Said substitute space shall have minimum dimensions of eight feet by eight feet. c. Exceptions. Permitted Projections into Required Yards. i. Cornices, eaves, belt courses, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty (30) inches. ii. Uncovered, unenclosed porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front yard a distance of not more than six feet, and such features may not extend into a court more than twenty (20) percent of the width of said court and into any side or rear yard not more than three feet. An open work railing may be installed or constructed on any such porch, platform or landing place provided it does not exceed thirty-six (36) inches in height. iii. Open, unenclosed stairways or balconies not covered by roof or canopy may extend or project into a required front yard not more than thirty (30) inches.
F. Space Between Buildings.
1. The minimum distance between separate structures shall be ten feet.
2. No animal or fowl pen, coop, stable, barn or corral shall be located within thirty (30) feet of any dwelling or other building used for human habitation, or within eighty (80) feet of the front property line of the subject property.
G. Lot Coverage. The maximum lot area covered by structures shall be thirty (30) percent of the total lot area.
H. Fences, Hedges and Walls.
1. Corner Cut-Off Areas. The provisions of the "O" District, Section 17.12.050(H)(3) shall apply.
2. Permitted Fences, Hedges and Walls.
a. Fences, hedges and walls, not greater than six feet in height, shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.
b. No fence, wall or hedge over three feet in height shall be permitted in any required front yard or in the required side yard on the street side of a reversed corner lot, except on parcels of five acres or more.
c. Fences or structures over six feet in height, to enclose tennis courts or other game areas located within the rear half of the lot, shall be composed of wire mesh capable of admitting at least ninety (90) percent of light as measured on a reputable light meter. Such fences shall be permitted in the required side or rear yard and subject to a conditional use permit.
I. Off-Street Parking. Adequate off-street parking and loading areas shall be provided on the site for each use prescribed in this title or as may be otherwise required by the planning commission pursuant to the provisions of this title.
J. Access.
Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)
1. There shall be vehicular access from a dedicated and improved street or alley to off-street parking facilities on the property requiring off-street parking.
2. There shall be pedestrian access from a dedicated and improved street or alley to property used for residential purposes.
3. There shall be an adequate paved turning area on lots facing on and having access to major and secondary highways to permit motor vehicles to head into the street.
4. If vehicular access is by way of a driveway parallel with a side lot line, there shall be an access way of not less than ten feet from the street or alley to the building site, said way to be for both pedestrian and vehicular access.
K. Outdoor Advertising. Unlighted signs shall be permitted in this district only as provided in this section.
1. Name plates shall be permitted subject to the following conditions:
a. Name plates shall not exceed two square feet in area. b. Name plates shall display only the:
i. Name of the owner or lessee of said premises, not to include a business name, except as provided for in Section 17.16.050(K)(4) below.
ii. Address of said premises.
c. Name plates shall be affixed flush to the building.
2. "For Rent" and "For Sale" signs shall be permitted, although said signs shall not be permitted in conjunction with a home occupation.
3. Subdivision Signs—On Site.
a. Temporary real estate signs advertising real property which has been subdivided for purposes of sale or lease shall be permitted.
4. Institutional Signs. For institutional uses, including churches, private clubs and similar uses, institutional signs shall be permitted subject to the following regulations:
a. One freestanding sign per frontage:
i. The sign may contain only the name of the institution and identify services rendered, occupants and groups thereof.
ii. The sign shall not exceed thirty-two (32) square feet in area, exclusive of architectural features and shall not exceed eight feet in height.
iii. The sign may not be internally illuminated but may be floodlighted, providing floodlights do not cast direct light on adjoining streets or properties. iv. The sign shall not be permitted within fifteen (15) feet of the front property line when located in the front yard or in the street side yard of corner lots and reverse corner lots.
Subject to securing a conditional use permit, free standing signs may be located not closer than ten feet of the property line.
b. One sign attached on and parallel to the face of the main building:
i. The sign may contain only the name of the institution occupants or groups thereof. ii. Letter or numeral heights shall not exceed one foot. iii. The sign shall not exceed ten square feet in area.
Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)
iv. The sign may not be internally illuminated but may be floodlighted. c. One reader board sign:
i. The sign shall not exceed ten square feet in area.
ii. The board may not be internally illuminated but may be floodlighted, provided that floodlights do not cast direct light on adjoining streets or properties. iii. The sign shall only contain information incidental to the services rendered on the premises. b. One sign attached on and parallel to the face of the main building:
i. The sign may contain only the name of the institution occupants or groups thereof.
ii. Letter or numeral heights shall not exceed one foot. iii. The sign shall not exceed ten square feet in area. iv. The sign may not be internally illuminated but may be floodlighted. c. One reader board sign:
i. The sign shall not exceed ten square feet in area.
ii. The board may not be internally illuminated but may be floodlighted, provided floodlights do not cast direct light on adjoining streets or properties. iii. The sign shall only contain information incidental to the services rendered on the premises.
(Prior code § 13.03.005)
(Ord. No. 11-01, § 6, 3-22-2011; Ord. No. 14-05, §§ 4, 5, 9-9-2014)
17.16.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92 of this title.
(Prior code § 13.03.006)
Chapter 17.20 R-1-A SINGLE-FAMILY/LOW DENSITY RESIDENTIAL DISTRICT
17.20.010 Purposes.
The R-1-A single-family/low density residential district is intended to provide living areas within the city where development is limited primarily to low density concentrations of one-family dwellings on a lot of not less than twelve thousand (12,000) square feet in area. Regulations are designed to:
A. Promote and encourage a suitable environment for family life; B. Provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment; and Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
C. Minimize traffic congestion and avoid the overloading of utilities designed to serve only low density residential use.
(Prior code § 13.04.001)
17.20.020 Permitted uses.
In the R-1-A single-family/low density residential district, permitted uses are as follows:
A. One-family dwellings, but not more than one dwelling per lot, except in a planned unit development, permitted by Section 17.20.060;
B. Accessory structures and uses;
C. The keeping of household pets subject to the provisions of Section 17.04.110; D. Temporary subdivision sales offices in a model home and temporary subdivision sales signs not exceeding sixty-four (64) square feet in aggregate area; E. Signs, as prescribed in Section 15.28.010 of this code; F. Home occupations, subject to the provisions of Chapter 17.86; G. Carnival (reference definition in Section 17.04.110); H. Tennis courts;
I. Accessory dwelling units;
J. Transitional housing;
K. Supportive housing;
L. Residential care facilities.
(Prior code § 13.04.002)
(Ord. No. 11-01, § 7, 3-22-2011; Ord. No. 14-05, § 6, 9-9-2014)
17.20.030 Uses permitted subject to conditional use permit.
In the R-1-A single-family/low density residential district, uses permitted subject to conditional use permit are as follows:
A. Churches;
B. Country club and golf courses;
C. Public libraries;
D. Private or parochial schools;
E. Day nurseries, child care nurseries and nur-sery schools, not exceeding ten children; F. Subdivision signs;
G. Temporary or permanent telephone booths;
H. Planned developments, subject to the provisions of Chapter 17.84; I. Water pump stations;
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
J. Second units, as the same is defined in Government Code Section 65852.2(d)Mobile home parks; K. Board or rooming houses (reference Section 17.04.110). (Prior code § 13.04.003)
(Ord. No. 13-08, § 3, 12-17-2013)
17.20.040 Uses expressly prohibited.
Uses expressly prohibited in the R-1-A single-family/low density residential district are as follows:
A. Multiple residential uses;
B. Commercial uses;
C. Industrial uses;
D. Agricultural uses not specifically listed as permitted; E. Advertising structures;
F. Truck parking;
G. Wireless telecommunications facilities.
(Prior code § 13.04.004)
(Ord. No. 17-06, § 1, 4-25-2017)
17.20.050 Property development standards.
Property development standards in the R-1-A single-family/low density residential district are as follows:
A. Lot Area.
1. Minimum Area. Each lot shall have a minimum area of twelve thousand (12,000) square feet.
2. Planned Unit Development. Each lot shall have a minimum area of two acres and minimum nine thousand (9,000) square feet site area per dwelling unit.
B. Lot Dimensions.
1. Width.
a. Interior lots shall have a minimum width of seventy-five (75) feet. b. Corner lots shall have a minimum width of eighty (80) feet. c. Reversed corner lots shall have a minimum width of ninety (90) feet. d. Lots siding on railroad rights-of-way shall have a minimum width of ninety-five (95) feet. e. Curve lots and cul-de-sac lots shall have a minimum street frontage width of sixty (60) feet.
2. Depth.
a. Lots facing on a local street shall have a minimum depth of one hundred (100) feet. b. Lots facing on a major street shall have minimum depth of one hundred ten (110) feet.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
c. Lots backing on railroad rights-of-way shall have a minimum depth of one hundred forty (140) feet.
C. Population Density.
1. The provisions of Section 17.24.020(A) shall apply.
2. A planned unit development permitted by Chapter 17.84 of this code may include a reduction in the otherwise required twelve thousand (12,000) square foot population density standards but not to exceed thirty (30) percent.
D. Building Height.
1. The maximum height of buildings shall be thirty (30) feet, not to exceed two stories.
2. No accessory building erected in this district shall have a height greater than one story, not to exceed twelve (12) feet, to plate height.
E. Yards.
1. General Yard Requirements. The provisions of the R-1 district, Section 17.24.050(E)(1) shall apply.
2. Front Yard.
a. The minimum front yard building setback shall be thirty (30) feet extending across the full width of the lot. Where a front yard is proposed to be more than fifty (50) feet, the site plan review shall be required as provided for in Section 17.08.090. b. Partially Built-Up Blocks. Where lots comprising fifty (50) percent or more of the block frontage are developed with a front yard either greater or lesser in depth than that prescribed in this chapter, the average of such existing front yard shall establish the front yard for the remaining lots in the block frontage. However, a front yard determined in this way shall not be less than twenty (20) feet. Existing front yards of more than fifty (50) feet shall be counted as fifty (50) feet in calculating the average. c. Planned Unit Development. Where an entire block frontage is designed and developed as a unit, the minimum front yard requirements may be varied by not more than five feet in either direction provided that the average front yard for the entire frontage is not less than that required in the district.
3. Side Yard.
a. Each lot shall have a side yard of not less than ten feet except for special conditions below. b. Accessory Buildings in Side Yards.
i. Any accessory building located less than eighty (80) feet from the front property line shall have the same minimum side yard as that required for the main building, regardless of whether or not said accessory building is attached to the main building.
ii. An accessory building may be located on a side property line when said building is located eighty (80) feet or more from the front property line. iii. An accessory building having an opening on an alley shall be located not less than twenty-five (25) feet from the opposite side of the alley; provided, however, that no such accessory building shall be located less than five feet from the property line.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
iv. Accessory buildings located in the side yard or its projection to the rear property line when abutting a street shall be at least twenty-five (25) feet from the rear property line on a reversed corner lot.
c. Corner Lots. On corner lots, the side yard abutting the street shall be not less than twenty (20) feet in width.
d. Reversed Corner Lots. On a reversed corner lot, the side yard abutting the street shall be not less than twenty-five (25) feet. Private garages located in the side yard shall be at least twenty-five (25) feet from the property line on the side street, and not less than five feet from the rear property line on said corner lot.
e. Main Buildings Abutting Alley. When siding on an existing alley, a main building shall be located not less than thirty (30) feet from the opposite side of the alley.
4. Rear Yard.
a. Each lot shall have a rear yard of not less than twenty (20) feet. b. Accessory Buildings. Nonresidential accessory buildings may be permitted in a required rear yard as follows:
i. An accessory structure other than a swimming pool may be located on the rear property line when said building is not abutting an existing alley. ii. An accessory building having an opening on an alley shall be located not less than twenty-five (25) feet from the opposite side of the alley or not less than five feet from the property line.
iii. Where any building or structure, except swimming or wading pools, occupies space in a required rear yard, the amount of space so occupied shall be provided elsewhere on the lot, exclusive of required yard areas. Said replacement space shall have minimum dimensions of eight feet by eight feet and shall be so located that it is suitable for general use by the occupant of the premises.
F. Space Between Buildings.
1. The provisions of Section 17.16.050(F) shall apply.
2. In a planned unit development the provisions of the R-2 district in Section 17.28.050(F) shall apply.
G. Lot Coverage. Maximum lot coverage shall not exceed thirty (30) percent of the total lot area.
H. Fences, Hedges and Walls. The provisions of Section 17.16.050(H) shall apply.
I. Off-Street Parking. The provisions of Section 17.16.050(I) shall apply.
J. Access. The provisions of Section 17.16.050(J) shall apply.
K. Outdoor Advertising. The provisions of Section 17.16.050(K) shall apply. (Prior code § 13.04.005)
(Ord. No. 14-05, §§ 7, 8, 9-9-2014)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.20.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92 of this title.
(Prior code § 13.04.006)
17.20.070 Residential planned unit development standards.
The provisions of Chapter 17.84 of this code shall apply. (Prior code § 13.04.007)
Chapter 17.24 R-1 SINGLE-FAMILY/MEDIUM DENSITY RESIDENTIAL DISTRICT
17.24.010 Purposes.
A. The R-1 single-family/medium density residential district is intended to provide living area within the city where development is limited primarily to low density concentrations of one-family dwellings. Regulations are designed to:
1. Promote and encourage a suitable environment for family life;
2. Provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment; and
3. Minimize traffic congestion and avoid the overloading of utilities designed to serve only low density residential use.
(Prior code § 13.05.001)
17.24.020 Permitted uses.
Permitted uses in the R-1 single-family/medium density residential district are as follows:
A. One-family dwellings and one-family mobilehomes, but not more than one dwelling or mobilehome per lot. All mobilehomes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et. seq.) and placed on a foundation system pursuant to Section 18551 of the Health and Safety Code;
B. Accessory structures and uses;
C. Private greenhouses and horticultural collections, flower and vegetable gardens; D. Signs, subject to provisions of Section 17.16.050(K); E. Recreational vehicle, motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer storage, subject to the provisions of Section 17.88.010; F. The keeping of household pets subject to the provisions of Section 17.04.110; G. Home occupations, subject to the provisions of Chapter 17.86; H. Carnival (reference definition in Section 17.04.110); Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
I. Accessory dwelling units;
J. Residential care facilities;
K. Transitional housing;
L. Supportive housing.
(Prior code § 13.05.002)
(Ord. No. 11-01, § 8, 3-22-2011; Ord. No. 14-05, § 9, 9-9-2014)
17.24.030 Uses permitted subject to conditional use permit.
In the R-1 single-family/medium density residential district, uses permitted subject to conditional use permit are as follows:
A. Churches;
B. Country clubs and golf courses;
C. Day nurseries, child care nurseries and nursery schools, not exceeding ten children; D. Electrical distribution substation;
E. Private or parochial schools;
F. Public schools, parks and playgrounds;
G. Public libraries;
H. Subdivision signs;
I. Planned developments, subject to the provisions of Chapter 17.84; J. Second units, as the same is defined in Government Code Section 65852.2(d)Mobile home parks; K. Board or rooming houses (reference definition in Section 17.04.110). (Prior code § 13.05.003)
(Ord. No. 13-08, § 4, 12-17-2013)
17.24.040 Uses expressly prohibited.
In the R-1 single-family/medium density residential district, uses expressly prohibited are as follows:
A. Multiple residential uses;
B. Commercial uses;
C. Industrial uses;
D. Agricultural uses not specifically listed as permitted; E. Advertising structures;
F. Truck parking;
G. Labor camps;
H. Wireless telecommunications facilities.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
(Ord. 91-02 § 2, 1991: Prior code § 13.05.004)
(Ord. No. 17-06, § 1, 4-25-2017)
17.24.050 Property development standards.
Property development standards in the R-1 single-family/medium density residential district are as follows:
A. Lot Area.
1. Each lot shall have a minimum lot area of six thousand (6,000) square feet.
2. Planned Developments. For a planned development, each lot shall have a minimum size of four thousand (4,000) square feet.
B. Lot Dimensions.
1. Width.
a. Interior lots shall have a minimum width of sixty (60) feet. b. Corner lots shall have a minimum width of seventy (70) feet. c. Reversed corner lots shall have a minimum width of seventy (70) feet. d. Lots siding on railroad rights-of-way shall have a minimum width of eighty (80) feet. e. Lots on curved or turn-around end or cul-de-sac streets shall have a minimum street frontage of forty (40) feet.
2. Depth.
a. Lots facing on local streets shall have minimum depth of one hundred (100) feet. b. Lots facing on major or secondary streets shall have a minimum depth of one hundred twenty (120) feet.
c. Lots backing on railroad rights-of-way shall have a minimum depth of one hundred thirty (130) feet.
C. Population Density. One-family dwelling or one-family mobilehomes, but not more than one dwelling or mobilehome per lot, except in a planned unit development, permitted by Section 17.24.030(I).
D. Building Height.
1. The maximum height of structures shall be two stories, not to exceed thirty (30) feet.
2. No accessory building shall have a height greater than one story not to exceed twelve (12) feet to plate height.
E. Yards.
1. General Yard Requirements.
a. No main building shall be erected within fifty (50) feet of the right-of-way of any railroad line, except for publicly-owned structures, to include city hall and related structures. b. Swimming Pools. See property development standards Section 17.88.010(5)(g).
2. Front Yards.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
a. The minimum front yard shall be twenty (20) feet. Where a front yard is proposed to be greater than fifty (50) feet, a site plan review shall be required as provided for in Chapter
17.08 of this code.
b. Curve lots and cul-de-sac lots shall have a front yard of not less than twenty (20) feet. c. For partially built-up blocks and neighborhood unit plans, the provisions of the R-1-A district, Section 17.20.050(E)(2)(b) and (c) shall apply.
3. Side Yard.
a. Each lot shall have a side yard on each side of not less than five feet, except for special conditions listed below.
b. For accessory buildings in side yards, and main buildings abutting an alley, the provisions of the R-1-A district, Section 17.20.050(E)(3)(b) and (e) shall apply. c. Corner Lots. On corner lots, the side yard abutting the street shall be not less than ten feet in width.
d. Reversed Corner Lot. On a reversed corner lot, the side yard abutting the street shall not be less than fifteen (15) feet. Private garages located in the side yard shall be at least twenty (20) feet from the property line on the side street and not less than five feet from the rear property line on said reversed corner lot.
4. Rear Yard.
a. Each lot shall have a minimum rear yard of not less than twenty (20) feet. b. For accessory buildings, the provisions of the R-1-A district, Section 17.20.050(E)(4)(b) shall apply.
F. Space Between Buildings.
1. The provisions of the R-A district, Section 17.16.050(F) shall apply.
2. In a planned unit development, the provisions of the R-2 district, Section 17.28.050(F) shall apply.
G. Lot Coverage. The maximum lot area covered by buildings or structures shall not exceed forty (40) percent.
H. Fences, Hedges and Walls. The provisions of the R-A district, Section 17.16.050(H) shall apply.
I. Off-Street Parking. The provisions of Section 17.88.010 shall apply.
J. Access. The provisions of Section 17.16.050(J) shall apply.
K. Outdoor Advertising. The provisions of Section 17.16.050(K) shall apply. (Ord. 94-07 § 2, 1994; prior code § 13.05.005)
(Ord. No. 13-08, § 5, 12-17-2013; Ord. No. 14-05, § 10, 9-9-2014)
17.24.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92 of this code.
(Prior code § 13.05.006)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.24.070 Residential planned unit development standards.
The provisions of Chapter 17.84 of this code shall apply. (Prior code § 13.05.007)
17.24.080 Architectural standards.
The following architectural standards shall apply to all one-family primary dwellings, one-family manufactured homes and one-family mobilehomes in the R-1 single-family/medium density residential district.
A. Metal exterior siding or roofing shall not be permitted except by approval of a minor variance in accordance with the provisions of Section 17.08.080.
B. Exterior siding materials shall extend within a minimum eight inches from the ground; when a solid concrete or masonry perimeter foundation is used, the siding material need not extend further than four inches below the top of the foundation wall.
C. The exterior siding material and roofing material utilized on garages and carports shall match the design and materials of the main structure on the lot.
D. The minimum roof overhang shall be eighteen (18) inches.
E. The minimum width of the main structure shall be twenty (20) feet or be compatible80 percent of the average width with existing conventionalof dwellings within on the same block in the same zone district, whichever is greater.
F. The main entrance (front door) shall face the adjacent street.
G. The date of manufacture of all manufactured housing and mobilehomes shall be no more than ten years from the date of the application for issuance of a building permit.
H. Utility connections, including water, sewer, natural gas and electricity, shall be made permanent in all cases. Utility shut-off valves shall be accessible and shall not be located beneath the structure.
I. Certification. All manufactured homes shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 4501 et seq.).
J. Wheels and Axles. All manufactured home tow bars, wheels and axles shall be removed when the manufactured home is installed on a residential lot, so as to be compatible with structures within the existing district.
K. Surrender of Registration. Subsequent to applying for the required building permits and prior to occupancy, the owner shall request a certificate of occupancy be issued pursuant to Section 18557 (a) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certification of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured home which is permanently attached with foundation must bear a California insignia or federal label, pursuant to Section 18550 (b) of the Health and Safety Code.
L. Finish Floor Elevation. All manufactured homes shall be installed on a foundation at the same finish floor elevation compatible to existing standards established within the block in the existing district, and excavated to comply to all standards of the Uniform Building Code, approved by the building official. [Reserved.]
M. Foundations. All permanent manufactured homesdwellings shall be installed on a permanent foundation in accordance with city building codes, applicable state of California Housing and Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
Community Development regulations, or a foundation designated by an engineer, licensed within the state of California. The approved method of securing the manufactured homedwelling to a permanent foundation shall be detailed when submitting plans for plan check and permit.
N. At the time of application for a building permit, and prior to its issuance, the zoning administrator shall review the architectural features and treatment proposed for the residential structure to insure that it is architecturally compatible with other single-family structures in the area. The zoning administrator may require modifications to the proposed structure, to the proposed building materials, to the design, and/or to the siting, in order to insure architectural compatibility with the surrounding neighborhood.
The decision of the zoning administrator may be appealed to the planning commission and the decision of the planning commission may be appealed to the city council, as provided in Section 17.08.050. (Ord. 94-07 § 3, 1994: prior code § 13.05.008)
Chapter 17.28 R-2 MEDIUM/HIGH DENSITY RESIDENTIAL DISTRICT
17.28.010 Purposes.
The purposes of the R-2 medium/high density residential district are as follows:
A. This district is intended primarily to provide for relatively high density concentrations of residential uses in areas where such higher density use is consistent with the general plan and which are convenient to public facilities and services which enable such concentrations.
B. The R-2 district is intended primarily for application to residential areas where proximity to neighborhood residential uses or major streets make multifamily uses appropriate in the vicinity of single-family dwellings.
(Prior code § 13.06.001)
17.28.020 Permitted uses.
Permitted uses in the R-2 medium/high density residential district are as follows:
A. Uses permitted in the R-1 district, Section 17.24.020, except one-family mobilehomes, shall apply; B. One-family, two-family or multiple-family dwellings, either in one structure or in two or more detached buildings subject to requirements for space between buildings. When more than one main building is placed on a lot, the provisions of Section 17.08.090 shall apply. When the lot contains two or more acres in area, the provisions of Chapter 17.84 shall apply; C. Accessory structures and uses;
D. Labor camps;
E. Accessory dwelling units;
F. Residential care facilities;
G. Transitional housing;
H. Supportive housing.
(Ord. 91-02 § 3, 1991: prior code § 13.06.002)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
(Ord. No. 14-05, § 11, 9-9-2014)
17.28.030 Uses permitted subject to conditional use permit.
In the R-2 medium/high density residential district, uses permitted subject to conditional use permit are as follows:
A. Churches;
B. Country clubs and golf courses;
C. Day nurseries, child care nurseries and nursery schools, not exceeding ten children when subject lot is occupied by only one dwelling unit;
D. Electrical distribution substation;
E. Funeral chapels;
F. Planned developments, subject to the provisions of Chapter 17.84; G. Private or parochial schools;
H. Public schools, parks and playgrounds;
I. Public libraries;
J. Sanitariums and hospitals;
K. Subdivision signs;
L. Temporary or permanent telephone booths;
M. Water pump stations;
N. Second units, as the same is defined in Government Code Section 65852.2(d)Mobile home parks. (Prior code § 13.06.003)
(Ord. No. 13-08, § 6, 12-17-2013)
17.28.040 Uses expressly prohibited.
In the R-2 medium/high density residential district, uses expressly prohibited are as follows:
A. Commercial uses, including uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or roomers; B. Industrial uses;
C. Agricultural uses;
D. Advertising structures;
E. Truck parking;
F. Wireless telecommunications facilities.
(Prior code § 13.06.004)
(Ord. No. 17-06, § 1, 4-25-2017)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.28.050 Property development standards.
In the R-2 medium/high density residential district, property development standards are as follows:
A. Lot Area.
1. Each lot shall have a minimum lot area of six thousand (6,000) square feet.
2. Planned Developments. Each dwelling unit shall have a minimum of three thousand (3,000) square feet of lot area.
B. Lot Dimensions. The provisions of the R-1 district, Section 17.24.050(B) shall apply.
C. Population Density.
1. There shall be no more than one dwelling unit per three thousand (3,000) square feet of lot area, not to exceed four dwelling units per lot.
2. For planned unit developments, the provisions of subsection (A)(2) of this section shall apply.
D. Building Height.
1. The maximum height of structures shall be two stories, not to exceed thirty (30) feet.
2. No accessory building shall have a height greater than one story not to exceed twelve (12) feet to plate height.
E. Yards.
1. General Yard Requirements. The provisions of the R-1 district, Section 17.24.050(E)(1) shall apply.
2. Front Yard.
a. The minimum front yard setback shall be not less than twenty (20) feet. Where a front yard is proposed to be greater than fifty (50) feet, a site plan review shall be required as provided for in Section 17.08.090.
b. For partially built-up blocks and neighborhood unit plans, the provisions of the R-1-A district, Section 17.20.050(E)(2)(b) shall apply.
3. Side Yard.
a. The minimum side yard shall be five feet for a single-story structure and ten feet for a twostory structure. b. For accessory buildings in side yards and main buildings abutting an alley, the provisions of the R-1-A district, Section 17.20.050(E)(3)(b) and (e) shall apply. c. Corner Lots. The provisions of the R-1 district, Section 17.24.050(E)(3)(c) shall apply. d. Reversed Corner Lot. On a reversed corner lot, the side yard abutting the street shall not be less than ten feet. Private garages located in the side yard shall be at least twenty (20) feet from the property line on the side street, and not less than five feet from the rear property line on said reversed corner lot.
e. When side yard is used for driveway access to serve parking facilities:
i. The minimum space shall be ten feet;
ii. If pedestrian access is required to a rear dwelling or dwellings and said access is to be by means of a driveway, then said space shall be increased to thirteen (13) feet in order to provide pedestrian access.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
4. Rear Yard.
a. The minimum rear yard shall not be less than twenty (20) feet. i. For exceptions to the main building, the general provision and exceptions, Section 17.88.010 shall apply.
b. For accessory buildings, the provisions of the R-1-A district, Section 17.20.010, et. seq. shall apply.
F. Space Between Buildings.
1. Main Buildings.
a. Side to side. The minimum space shall be ten feet.
b. Rear to side. The minimum space shall be fifteen (15) feet. c. Front to side. The minimum space shall be ten feet.
d. Front to rear. The minimum space shall be twenty (20) feet. e. Front to front. The minimum space shall be twenty-five (25) feet. f. Front to front with drive-thru. The minimum space shall be thirty (30) feet. g. In no event shall the minimum space between buildings be less than ten feet.
2. Accessory Structures. The minimum distance between accessory buildings and any other building shall not be less than six feet.
G. Lot Coverage. The maximum lot area covered by buildings or structures shall not exceed fifty (50) percent.
H. Fences, Hedges and Walls.
1. For residential uses, the provisions of the R-A district, Section 17.16.050(H) shall apply.
2. For nonresidential uses, the conditions in general provisions and exceptions, Section 17.88.010 shall apply.
I. Off-Street Parking. The provisions of Section 17.16.050(I) shall apply.
J. Access. The requirements in the R-A district, Section 17.16.050(J) shall apply.
K. Outdoor Advertising.
1. The provisions of the R-A district, Section 17.16.050(K) shall apply.
2. For multiple-family uses there shall be permitted one unlighted sign not to exceed twelve (12) square feet in area for each such use; said sign shall be located in back of all required yards. (Prior code § 13.06.005)
(Ord. No. 13-08, § 7, 12-17-2013; Ord. No. 14-05, § 12, 9-9-2014)
17.28.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.06.006)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.28.070 Residential planned unit development standards.
The provisions of Chapter 17.84 shall apply.
(Prior code § 13.06.007)
17.28.080 Site plan review.
Before any building or structure, except one single-family dwelling, is erected on any lot in the R-2 district, a site plan shall have been approved pursuant to the provisions of Section 17.08.90. (Ord. 99-01 § 3, 1999: prior code § 13.06.008)
Chapter 17.32 R-3 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT
17.32.010 Purposes.
The R-3 high density multiple-family residential district is intended primarily to provide for the development of high density multiple-family residential structures, for the purposes of rental or sale to permanent occupants. (Prior code § 13.07.001)
17.32.020 Permitted uses.
Permitted uses in the R-3 high density multiple-family residential district are as follows:
A. Uses permitted in the R-2 district, Section 17.28.020 shall apply; B. Multiple housing facilities, including rooming and boarding houses, apartment houses and apartment courts;
C. Churches and parochial schools;
D. Public schools;
E. Public libraries;
F. Public parks and playgrounds;
G. Accessory structures and uses;
H. Labor camps;
I. Residential care facilities;
J. Accessory dwelling units;
K. Transitional housing.
L. Supportive housing.
(Ord. 91-02 § 4, 1991: prior code § 13.07.002)
(Ord. No. 14-05, § 13, 9-9-2014)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.32.030 Uses permitted subject to conditional use permit.
In the R-3 high density multiple-family residential district, uses permitted subject to conditional use permit are as follows:
A. The uses described in Section 17.28.030 shall apply; B. Day nurseries, child care nurseries or nursery schools not exceeding two hundred fifty (250) children; C. Electrical distribution substation;
D. Funeral chapels;
E. Private schools;
F. Rest homes;
G. Subdivision signs;
H. Temporary or permanent telephone booths;
I. Water pump stations;
J. Second units, as the same is defined in Government Code Section 65852.2(d)Mobile home parks. (Ord. 97-02 § 1, 1997; prior code § 13.07.003)
17.32.040 Uses expressly prohibited.
In the R-3 high density multiple-family residential district, uses expressly prohibited are as follows:
A. Commercial uses, including hotels and motels;
B. Industrial uses;
C. Agricultural uses;
D. Advertising structures;
E. Professional offices;
F. Truck parking;
G. Wireless telecommunications facilities.
(Prior code § 13.07.004)
(Ord. No. 17-06, § 1, 4-25-2017)
17.32.050 Property development standards.
In the R-3 high density multiple-family residential district, property development standards are as follows:
A. Lot Area.
1. The provisions of the R-2 district, Section 17.28.050(A)(1) shall apply.
2. Planned Developments. Each dwelling unit shall have a minimum of one thousand five hundred (1,500) square feet of lot area.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
B. Lot Dimensions. The provisions of the R-1 district, Section 17.24.050(B) shall apply.
C. Population Density.
1. There shall be a minimum of one thousand five hundred (1,500) square feet of lot area for each dwelling unit.
2. Planned Unit Developments. The provisions of subsection (A)(2) of this section shall apply.
D. Building Height.
1. The maximum height of structures shall be three stories, not to exceed forty (40) feet.
2. No accessory building shall have a height greater than one story not to exceed twelve (12) feet to plate height.
E. Yards.
1. General Yard Requirements. The provisions of the R-1 district, Section 17.24.050(E)(1) shall apply.
2. Front Yard.
a. The minimum front yard setback shall be fifteen (15) feet. Where a front yard is proposed to be greater than fifty (50) feet, a site plan review shall be required as provided for in Section 17.08.090.
b. For neighborhood unit plans, the provisions of the R-1-A district, Section 17.20.050(E)(2)(c) shall apply.
3. Side Yard.
a. Each lot shall have a minimum side yard on each side of not less than five feet. b. For accessory buildings in side yards, and main buildings abutting an alley, the provisions of the R-1-A district, Section 17.20.050(E)(3)(b) and (e) shall apply. c. Corner Lots. The provisions of the R-1 district, Section 17.24.050(E)(3)(c) shall apply. d. Reversed Corner Lot. The side yard abutting the street shall not be less than ten feet.
Private garages located in the side yard shall be at least twenty (20) feet from the property line on the side street, and not less than five feet from the rear property line on said reversed corner lot.
4. Rear Yard.
a. Each lot shall have a minimum rear yard of not less than fifteen (15) feet. i. For exceptions to the main building, the general provisions and exceptions, Section 17.88.010 shall apply.
b. For accessory buildings, the provisions of the R-1-A district, Section 17.20.050(E)(4)(b) shall apply.
F. Space Between Buildings. The minimum space requirements of the R-2 district, Section 17.28.050(F) shall apply.
G. Lot Coverage. The maximum site area covered by structures shall be sixty (60) percent. The remaining forty (40) percent of the total area shall be devoted to landscaping, lawn, outdoor recreation facilities incidental to residential developments, such as swimming pools, tennis courts, putting green, patios, walkways, fences.
H. Fences, Hedges and Walls.
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(Supp. No. 23)
1. The provisions of the R-A district, Section 17.16.050(H) shall apply.
2. For nonresidential uses, the general provisions and exceptions in Section 17.88.010 shall apply.
I. Off-Street Parking. The provisions of Section 17.16.050(I) shall apply.
J. Access. The provisions of the R-A district, Section 17.16.050(J) shall apply.
K. Outdoor Advertising. The provisions of the R-A district, Section 17.16.050(K) shall apply. (Prior code § 13.07.005)
(Ord. No. 13-08, § 8, 12-17-2013; Ord. No. 14-05, § 14, 9-9-2014)
17.32.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.07.006)
17.32.070 Residential planned development standards.
The provisions of Chapter 17.84 shall apply.
(Prior code § 13.07.007)
(Ord. No. 13-08, § 9, 12-17-2013)
Editor's note(s)—Section 9 of Ord. No. 13-08, adopted Dec. 17, 2013, changed the title of § 17.32.070 from "Residential planned unit development standards" to read as herein set out.
17.32.080 Site plan review.
Before any building or structure, except one single-family dwelling, is erected on any lot the R-3 district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 4, 1999: prior code § 13.07.008)
Chapter 17.36 R-3-A HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT—
ONE STORY
Sections:
17.36.010 Purposes.
The R-3-A high density multiple-family residential district—one story is intended to provide for the development of medium density multiple-family residential structures, limited to one story in height, for the purposes of rental or sale to permanent occupants.
(Prior code § 13.08.001)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.36.020 Permitted uses.
Permitted uses in the R-3-A high density multiple-family residential district—one story are as follows:
A. Uses permitted in the R-2 district, Section 17.28.020 shall apply.
B. Uses permitted in the R-3 district, Section 17.32.020 shall apply.
C. Accessory dwelling units.
D. Transitional housing.
E. Supportive housing.
F. Residential care facilities.
(Prior code § 13.08.002)
17.36.030 Uses permitted subject to conditional use permit.
In the R-3-A high density multiple-family residential district—one story, uses permitted subject to conditional use permit are as follows:
A. The uses listed in the R-3 district, Section 17.32.030 shall apply.
B. Second units, as the same is defined in Government Code Section 65852.2(d).
C. Mobile home parks.
(Prior code § 13.08.003)
17.36.040 Uses expressly prohibited.
In the R-3-A high density multiple-family residential district — one story, uses expressly prohibited are as follows:
A. The uses listed as uses expressly prohibited in the R-3 district, Section 17.32.040.
B. Any dwelling structure exceeding one story or twenty (20) feet in height. (Prior code § 13.08.004)
17.36.050 Property development standards.
A. The provisions of the R-3 district, Section 17.32.050 shall apply, excepting Section 17.32.050(D) relating to building height.
B. Building Height.
1. Main buildings or structures erected in the R-3-A district shall not exceed one story or twenty (20) feet in height.
2. Accessory buildings erected in this district shall not exceed one story or twelve (12) feet to plate height. (Prior code § 13.08.005)
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
17.36.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.08.006)
17.36.070 Residential planned development standards.
The provisions of Chapter 17.84 shall apply.
(Prior code § 13.08.007)
(Ord. No. 13-08, § 10, 12-17-2013)
Editor's note(s)—Section 10 of Ord. No. 13-08, adopted Dec. 17, 2013, changed the title of § 17.36.070 from "Residential planned unit development standards" to read as herein set out.
17.36.080 Site plan review.
Before any building or structure, except one single-family dwelling, is erected on any lot in the R-3-A district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 5, 1999: prior code § 13.08.008)
Chapter 17.40 MHP MOBILEHOME PARK DISTRICT
17.40.010 Purposes.
The MHP mobilehome park district is intended to provide for accommodation of residential mobile-homes in unified parks.
(Prior code § 13.09.001)
17.40.020 Permitted uses.
Permitted uses in the MHP mobilehome park district are as follows:
A. Trailer parks, to include accessory buildings and swimming pools; B. Temporary or permanent telephone booths;
C. Signs;
D. The keeping of household pets subject to the provisions of Section 17.04.110, "household pets;" E. Carnivals (reference definition in Section 17.04.110); F. Home occupations, subject to the provisions of Chapter 17.86;.
G. Transitional housing;
H. Supportive housing;
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
I. Small group homes;
J. Residential care facilities;
K. Accessory dwelling units;
L. Manufactured homes.
(Prior code § 13.09.002)
(Ord. No. 11-01, § 9, 3-22-2011)
17.40.030 Uses permitted subject to conditional use permit.
In the MHP mobilehome park district, uses permitted subject to conditional use permit are as follows:
A. Electrical distribution substation;
B. Water pump station;
C. Accessory structures and uses located on the same site as a conditional use; D. Mobilehome parks allowing overnight or short term transient occupancy; E. Large group homes.
(Prior code § 13.09.003)
17.40.040 Uses expressly prohibited.
In the MHP mobilehome park district, uses expressly prohibited are as follows:
A. Commercial uses;
B. Industrial uses;
C. Advertising structures;
D. Site-built Mmultiple-family residences;
E. Truck parking;
F. Wireless telecommunications facilities.
(Prior code § 13.09.004)
(Ord. No. 17-06, § 1, 4-25-2017)
17.40.050 Property development standards.
In the MHP mobilehome park district, property development standards are as follows:
A. Lot Area. Each lot shall have a minimum site area of not less than one acre.
B. Lot Dimensions. The provisions of the R-A district, Section 17.16.050(B) shall apply.
C. Mobilehome space — Area and Dimensions.
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(Supp. No. 23)
1. Each mobilehome space shall have a minimum area of one thousand five hundred (1,500) square feet and be in conformance with state regulations relating to mobilehome parks.
2. Each mobilehome space shall be not less than thirty (30) feet in width.
D. Population Density.
1. There shall be a minimum of two thousand four hundred (2,400) square feet of lot area for each mobilehome space in the mobilehome park.
2. Said lot area shall include access, trailer parking, automobile parking, outbuilding space, recreational areas and other similar uses.
E. Building Height. The maximum height of structures shall be thirty (30) feet and not greater than two stories.
F. Yards.
1. General Yard Requirements. The provisions of the R-A district, Section 17.16.050(E)(1) shall apply.
2. Front Yard. Each park shall have a minimum front yard of not less than fifteen (15) feet. Said yard shall be landscaped and maintained.
3. Side Yard. Each park shall have a minimum side yard, on both sides, of not less than five feet.
4. Reversed Corner Lot and Corner Lots. Each park shall have a minimum side yard abutting the street of not less than ten feet. Said side yard shall be landscaped and maintained.
5. Rear Yard. Each park shall have a rear yard of not less than ten feet. Said rear yard may be used for access or parking.
G. Distance Between Structures.
1. Where trailers are located side by side, end to end, or end to side, there shall be a space not less than ten feet between mobilehome units.
2. Mobilehomes separated by access roads shall have a minimum distance between them of not less than thirty-six (36) feet.
3. Where trailers are adjacent to any accessory structure, the minimum space between such structures shall be ten feet.
H. Lot Coverage. The maximum site area covered by structures shall not be greater than fifty (50) percent.
I. Hedges, Fences and Walls.
1. The provisions of the R-A district, Section 17.16.050(H) shall apply.
2. A mobilehome park shall be entirely enclosed with a six-foot, solid block wall; with the exception of required yards, said wall shall be reduced to three feet.
J. Off-Street Parking.
1. There shall be one parking space on a lot for each trailer space.
2. There shall be one additional parking space for each five trailer spaces or sites; said parking spaces shall be used for guest parking.
K. Access.
1. The provisions of the R-A district, Section 17.16.050(J) shall apply.
Created: 2023-08-15 15:51:09 [EST]
(Supp. No. 23)
2. Vehicular access ways within trailer parks shall be paved to a width of not less than twenty (20) feet.
L. Outdoor Advertising. Signs shall be permitted which advertise the mobilehome park. Said signs shall be located on the premises not to exceed fifty (50) square feet of sign area.
M. Loading. No requirements.
N. Special Standards and Regulations.
1. Each mobilehome shall be connected to a sanitary sewer.
2. Each park shall include facilities or areas for bulk storage, laundry and similar services. (Prior code § 13.09.005)
17.40.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.09.006)
17.40.070 Site plan review.
Before any residential mobilehome park may be approved and before any buildings or structure for mobilehome park purposes may be erected on any lot in the MHP district, a site plan shall have approved pursuant to the provisions of Section 17.08.090.
(Ord. 99-01 § 6, 1999: prior code § 13.09.007)
Chapter 17.44 C-1 NEIGHBORHOOD SHOPPING CENTER DISTRICT
17.44.010 Purposes.
The C-1 neighborhood shopping center district is intended to serve as a planned unified shopping center. The stores are intended to fit into the residential pattern of development and create no architectural or traffic conflicts.
(Prior code § 13.10.001)
17.44.020 Permitted uses.
Permitted uses in the C-1 neighborhood shopping center district are as follows:
A. Bakery goods, retail only;
B. Delicatessens;
C. Drugstores;
D. Fruit and vegetable stores;
E. Grocery stores;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
F. Ice cream shops;
G. Laundry, self-service;
H. Liquor stores;
I. Meat markets;
J. Newspaper stands;
K. Signs, subject to the provisions of Section 17.44.050(K); L. Soft drink fountains;
M. Temporary or permanent telephone booths;
N. Carnivals (reference definition in Section 17.04.110). (Prior code § 13.10.002)
17.44.030 Uses permitted subject to conditional use permit.
In the C-1 neighborhood shopping center district, uses permitted subject to conditional use permit are as follows:
A. Automobile service stations;
B. Convenience markets;
C. Electrical distribution substations;
D. Ice and food products dispensing machines;
E. Water pump station;
F. Wireless telecommunications facilities.
(Ord. 93-10 § 2, 1993: prior code § 13.10.003)
(Ord. No. 17-06, § 1, 4-25-2017)
17.44.040 Uses expressly prohibited.
In the C-1 neighborhood shopping center district, uses expressly prohibited are as follows:
A. Residential uses;
B. Combination of residential and commercial uses;
C. Advertising structures;
D. Bars;
E. Industrial uses;
F. Places providing dancing and entertainment;
G. Trailer parks;
H. Motels, hotels.
(Prior code § 13.10.004)
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
17.44.050 Property development standards.
In the C-1 neighborhood shopping center district, property development standards are as follows:
A. Lot Area. Minimum lot area shall not be less than one acre, not to exceed two acres.
B. Lot Dimensions.
1. Width. Each lot shall have a minimum width of one hundred and sixty-five (165) feet.
2. Depth. Each lot shall have a minimum depth of two hundred and sixty (260) feet.
C. Population Density. None.
D. Building Height. No building or structure erected in this district shall have a height greater than one story, not to exceed twenty (20) feet.
E. Yards.
1. General Yard Requirements.
a. The first ten (10) feet of the required yard abutting a street shall be landscaped and maintained. A landscaping plan shall be submitted with the site plan. b. Except as provided in subsection (E)(1)(a) of this section, all yards may be used for parking, loading or access to parking or loading.
2. Front Yard.
a. Each lot shall have a front yard of not less than ten feet. b. Where a C-1 district is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard required for the adjacent district, however, in no event need such front be greater than twenty (20) feet.
3. Side Yard.
a. None required except where the C-1 district abuts a residential district, there shall be a side yard on the C-1 lot on the side abutting the residential district of not less than ten feet. b. On corner lots there shall be a side yard of not less than ten feet on the side abutting a street, except when the C-1 lot is adjacent to a residential district, the side yard abutting the street where the size shall be determined in the same manner as the front yards set forth in Section 17.16.050(E)(2)(9).
4. Rear Yard. None required except where the rear of the C-1 district abuts a residential district, there shall be a rear yard of not less than ten feet.
F. Space Between Buildings. No requirements.
G. Lot Coverage. The maximum coverage of the lot by buildings or structures shall not exceed thirty-three (33) percent of the total lot area, including easements.
H. Walls.
1. A solid masonry block wall not less than nor greater than six feet in height shall be erected along the property line which is a district boundary with an abutting residential district.
2. Said wall can be located within required yards, except where walls fall within required front and street side yards, said wall shall be reduced in height to three feet.
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(Supp. No. 23)
3. All walls shall be developed subject to the general provisions and exceptions in Section
17.88.010.
I. Off-Street Parking.
1. There shall be two square feet of parking area for each one square foot of floor area, except the ratio shall be three to one for any grocery store of ten thousand (10,000) or more square feet of floor area.
2. The required parking shall be provided on the lot with the building or uses being served, or on a contiguous lot in the P district.
3. The special parking requirements and improvement and maintenance standards of Section
17.88.010 shall apply as therein specified.
J. Access.
1. There shall be adequate vehicular access from a dedicated and improved street, service road or alley the design of which shall be approved by the director of public works.
2. The director shall specify the location and number of means of ingress and egress to property by conditions established at the time of review of the required site plan.
K. Outdoor Advertising.
1. The following signs shall be permitted:
a. "For Rent" or "For Sale" signs posted on the subject lot or building by the owner or his authorized agent. Said signs shall not exceed six square feet in area and there shall not be more than two such signs for any one lot, building or occupancy. b. Directional signs related to the location of buildings or activities on the property on which the signs are located. Each directional sign shall not exceed six square feet in area. c. One freestanding sign for each street frontage, subject to the following regulations:
i. The sign shall contain thereon only the name of the buildings, occupants or groups thereof.
ii. The sign shall not exceed one hundred (100) square feet in area or thirty (30) feet in height.
iii. The sign shall not be blinking, flashing, or animated. Lights used to illuminate the sign shall be installed to concentrate the illumination on the sign or advertising structure and to minimize glare upon a public street or adjacent property.
d. Signs indicating the name and nature of the occupancy or the name and address of the building or the name and address of the owner (hereinafter called "occupancy signs").
These signs shall be placed only on an exterior wall or facade of the building or on the roof of the building according to the following regulations:
i. The total area of all occupancy signs mounted on or parallel with any exterior wall or facade of any occupancy shall not exceed ten percent of the total area of said exterior wall or facade.
ii. Not more than one hundred (100) square feet of any occupancy sign area may extend or be located above the top of the exterior wall or facade.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
iii. The total area of occupancy signs permitted for any exterior wall or facade of any occupancy need not be less than forty (40) square feet. iv. Occupancy signs shall be permitted only on or parallel with an exterior wall or facade in which there is located a customer entrance to said occupancy, or which faces a public street other than a local residential street. v. Occupancy signs shall be lighted only in accordance with the provisions of Section 17.88.010.
vi. Occupancy signs may not exceed the permitted building height in this district. e. Signs designated by governmental agency indicating authorized testing services available on the premises, signs indicating credit cards accepted and signs indicating trading stamps offered, subject to the following regulations:
i. Such signs shall be located adjacent to each other in a single assemblage, the total combined area of which shall not exceed twenty (20) square feet. ii. One such assemblage shall be allowed on each street frontage. iii. Each assemblage shall be located flat against an exterior wall or facade of the building, canopies excluded, and may not extend above or beyond said wall or facade.
iv. Such signs shall be of durable construction and shall be affixed to the building.
No portable signs shall be permitted.
v. Such signs shall be illuminated only in accordance with the provisions of Section
17.88.010.
f. One sign, not exceeding one square foot in area, located on top of each gasoline pump indicating the price of the gasoline dispensed through such pump. g. Where county, state, or federal law does not prohibit such, the posting of signs without a permit on the inside of a window advertising the business, services, and products offered on the premises, not to exceed fifty (50) percent of the total area of the window and be done in a manner that inhibits the ability of law enforcement to see inside of the business. h. One A-frame or other standing sign of a temporary nature per street frontage without a permit, not to exceed ten (10) square feet in area, including the area occupied by any fixture at or near parallel to the face of the sign, and four feet in height, placed within five feet of the building that the business occupies and not encroaching on the public right-of way.
L. Loading spaces. The provisions of Section 17.88.010 shall apply.
M. For uses subject to a conditional use permit, the approving entity may provide for like uses to have a geographic separation of up to one thousand (1,000) feet. (Ord. 96-05 § 1, 1999; Ord. 95-07 § 3, 1995; amended during 1995 codification; Ord. 93-10 § 3, 1993; prior code §
13.10.005)
(Ord. No. 14-02, §§ 16, 17, 2-11-2014; Ord. No. 17-04, § 3, 4-25-2017) Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
17.44.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.10.006)
17.44.070 Site plan review.
Before any building or structure may be erected on any lot in the C-1 district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 7, 1999: prior code § 13.10.007)
17.44.080 Building compatibility.
All structures planned or existing shall have compatible architectural style. The approving entity shall determine compatibility upon review of the conditional use permit or site plan when submitted. (Amended during 1995 codification; prior code § 13.10.008) (Ord. No. 14-02, § 9, 2-11-2014)
Chapter 17.48 C-2 COMMUNITY SHOPPING CENTER DISTRICT
17.48.010 Purpose.
The C-2 community shopping center district is intended to serve as a planned unified shopping center for the community.
(Prior code § 13.11.001)
17.48.020 Permitted uses.
Permitted uses in the C-2 community shopping center district are as follows:
A. Those uses permitted in the C-1 district, Section 17.44.020; B. Appliance sales;
C. Banks;
D. Bicycle shops;
E. Building and loan offices;
F. Carnival — promotional;
G. Department stores;
H. Garden supplies;
I. Hobby shops;
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(Supp. No. 23)
J. Jewelry stores;
K. Millinery;
L. Notions;
M. Offices:
1. Administrative,
2. General;
N. Pet shops;
O. Post offices;
P. Radio and television sales and service;
Q. Restaurants;
R. Signs;
S. Stationery stores;
T. Super drug stores;
U. Supermarkets;
V. Toy stores.
(Prior code § 13.11.002)
17.48.030 Uses permitted subject to conditional use permit.
In the C-2 community shopping center district, uses permitted subject to conditional use permit are as follows:
A. Automobile accessory parts, retail only (new);
B. Automobile service stations;
C. Bars, provided that no bar may be located within five hundred (500) feet of a church, school or other bar;
D. Convenience markets;
E. Electrical distribution substations;
F. Ice and food products dispensing machines;
G. Neighborhood theater;
H. Public parking lot or structure;
I. Restaurant/bars;
J. Self-service car wash;
K. Subdivision signs;
L. Water pump stations;
M. Wireless telecommunications facilities.
(Ord. 93-10 § 4, 1993: prior code § 13.11.003)
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
(Ord. No. 17-06, § 1, 4-25-2017)
17.48.040 Uses expressly prohibited.
In the C-2 community shopping center district, uses expressly prohibited are as follows:
A. Residential uses;
B. Any combination of residential or commercial uses;
C. Advertising structures;
D. Industrial uses;
E. Trailer parks.
(Prior code § 13.11.004)
17.48.050 Property development standards.
A. Lot Area. The minimum lot area shall be one acre. C-2 zoning shall not be applied to an individual property or multiple abutting properties consisting of less than ten (10) acres in the aggregate.
B. Lot Dimensions. No requirements.
C. Population Density. None.
D. Building Height. The maximum height of structures shall be not greater than two stories, not to exceed thirty-five (35) feet.
E. Yards. The requirements of the C-1 district, Section 17.44.050(E) shall apply.
F. Space Between Buildings. No requirements.
G. Lot Coverage. The maximum coverage of the lot by structures shall not exceed thirty-three (33) percent of the total lot area including easements.
H. Walls. None required except where the C-2 district abuts residential districts, in which case the provisions of the C-1 district, Section 17.44.050(H) shall apply.
I. Off-Street Parking.
1. There shall be three square feet of parking area for each one square foot of building floor area.
However, there shall not be more than six parking spaces per one thousand (1,000) square feet of floor space.
2. The required parking shall be provided on the lot with the building or uses being served, or on a contiguous lot in the P district.
3. The special parking requirements and improvements and maintenance standards of Section 17.88.010 shall apply.
J. Access. The provisions of the C-1 district, Section 17.44.050(J) shall apply.
K. Outdoor Advertising. The provisions of the C-1 district, Section 17.44.050(K) shall apply, with the following exception:
1. A freestanding sign shall not exceed one hundred fifty (150) square feet in area or thirty-five (35) feet in height.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
L. Loading Spaces. The provisions of Section 17.88.010 shall apply.
M. For uses subject to a conditional use permit, the approving entity may provide for like uses to have a geographic separation of up to one thousand (1,000) feet. (Ord. 93-10 § 5, 1993; prior code § 13.11.005)
(Ord. No. 11-05, § 1, 5-24-2011; Ord. No. 14-02, § 18, 2-11-2014)
17.48.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.11.006)
17.48.070 Site plan review.
Before any building or structure may be erected on any lot in the C-2 district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 8, 1991; prior code § 13.11.007)
17.48.080 Building compatibility.
All structures in a unified community shopping center shall be developed with a compatible architectural style. The approving entity shall determine compatibility upon review of the site plan. (Prior code § 13.11.008)
(Ord. No. 14-02, § 8, 2-11-2014)
Chapter 17.52 C-3 CENTRAL BUSINESS AND SHOPPING DISTRICT
17.52.010 Purposes.
The C-3 central business and shopping district is designed to provide the opportunity for various types of retail stores, offices, service establishments and wholesale business to concentrate for the convenience of the public; to be established in such relationships to each other as to be mutually beneficial and to be located and grouped on sites that are in logical proximity to the respective geographical areas and categories of patrons which they serve.
(Prior code § 13.12.001)
17.52.020 Permitted uses.
Permitted uses in the C-3 central business and shopping district are as follows:
A. Uses permitted in the C-2 district, Section 17.48.020; B. Accessory structures located on the same lot as the permitted use; Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
C. Appliance sales;
D. Art and antique stores;
E. Bakeries (retail);
F. Banks;
G. Barber and beauty shops;
H. Clothing stores;
I. Delicatessens;
J. Department stores;
K. Dressmaking and tailor shops;
L. Dry goods;
M. Employment agencies;
N. Florists;
O. Furniture stores;
P. Garden supplies;
Q. Grocery stores;
R. Gunsmiths;
S. Hardware;
T. Hobby shops;
U. Hotels;
V. Ice cream stores;
W. Jewelry stores;
X. Laundromat;
Y. Libraries;
Z. Liquor stores;
AA. Meat markets;
BB. Medical buildings;
CC. Motels;
DD. Museums;
EE. Music, dance and art studios;
FF. Music stores;
GG. Novelty shops;
HH. Office supplies and machines;
II. Retail paint sales;
JJ. Pet shops;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
KK. Photographic supplies;
LL. Post offices;
MM. Printing shops;
NN. Restaurants;
OO. Shoe repair shops;
PP. Signs;
QQ. Souvenir shops;
RR. Sporting goods stores;
SS. Supermarkets;
TT. Telegraph offices;
UU. Tobacco and cigar shops;
VV. Soda fountains;
WW. Toy stores;
XX. Television and radio sales;
YY. Veterinary hospitals;
ZZ. Christmas tree sales lots;
AAA. Newspaper offices;
BBB. Electrical appliance repair and retail sales;
CCC. Plumbing parts, retail sales and repair;
DDD. Radio and television retail sales and repair;
EEE. Fireworks stands;
FFF. Home occupations, subject to the provisions of Chapter 17.86, when conducted within a dwelling that is part of an approved mixed-use development;
GGG. Low-barrier navigation centers;
HHH. Accessory dwelling units;.
III. Transitional housing;
JJJ. Supportive housing;
KKK. [Reserved.];
LLL. Single-room occupancy units;
MMM. Emergency shelters, subject to the provisions of Section 17.88.025. (Prior code § 13.12.002)
(Ord. No. 11-01, § 10, 3-22-2011)
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
17.52.030 Uses permitted subject to conditional use permit.
In the C-3 central business and shopping center district, uses permitted subject to conditional use permit are as follows:
A. Auditoriums;
B. Automatic self-serve car wash;
C. Automobile parts sales;
D. Automobile service stations (with incidental repair); E. Bakeries (wholesale);
F. Bars, provided that no bar may be located within five hundred (500) feet of a church, school or other bar;
G. Bowling establishments;
H. Buildings with heights greater than two stories;
I. Bus stations;
J. Car sales (new and used);
K. Churches;
L. Clinics and laboratories;
M. Communications substations, gas regulator stations, utility pumping stations, radio and television stations;
N. Convenience markets;
O. Drive-in restaurants;
P. Dry cleaners;
Q. Hospitals;
R. Janitorial services;
S. Linen supply services;
T. Mortuaries;
U. Nurseries (within or behind the main buildings);
V. Nursing and convalescent hospitals or homes;
W. Private clubs, lodges;
X. Public grounds and buildings;
Y. Parking lots, in conjunction with permitted uses;
Z. Radio and television repair;
AA. Restaurant/bars;
BB. Significant tobacco retailers, provided that no significant retailer may be located within five hundred (500) feet of a school;
CC. Theaters;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
DD. Trade and professional schools;
EE. Day nurseries, child care nurseries or nursery schools, not exceeding two hundred fifty (250) children; FF. Light Manufacturing (where required for the repair or assembly of pre-manufactured components of the retailed goods, and where the floor space devoted to the repair and/or assembly process is less than ten (10) percent of the total floor are of business); GG. Pool halls and billiards clubs.
HH. Planned developments, including mixed commercial-residential and/or mixed office-residential uses, pursuant to Chapter 17.84.
II. Social facilities;
JJ. Wireless telecommunications facilities;
KK. Cannabis retail businesses.
(Ord. 03-02 (part), 2003: Ord. 98-02 § 1, 1998; Ord. 97-02 § 2, 1997; Ord. 93-10 § 6, 1993: Ord. 91-02 § 5, 1991:
prior code § 13.12.003)
(Ord. No. 13-08, § 11, 12-17-2013; Ord. No. 14-02, § 30, 2-11-2014; Ord. No. 17-06, § 1, 4-25-2017; Ord. No. 19-08, § 3, 9-24-2019)
17.52.035 Uses permitted subject to administrative review permit.
A. Off-street truck parking subject to the following general conditions:
1. Off-street truck parking shall be limited to property zoned C-3 located along Oller Avenue and Derrick Avenue.
2. Off-street truck parking shall be limited to the tractor unit. The parking of trailers, either attached or detached from the tractor unit, shall not be permitted.
3. No maintenance of the tractor unit shall be permitted on the parking site.
4. The area for the off-street parking shall have an improved surface acceptable to the City Engineer so as to prevent dirt and mud from being deposited on the City's streets.
5. The applicant for an Administrative Review Permit shall submit evidence that the applicant has the written permission of the property owner to park the tractor unit on said site.
6. The City Management may impose limits on truck idling and warm-up, depending upon the location of the proposed site.
7. The permit must be renewed annually by the applicant.
8. The permit shall be visible whenever the tractor unit is parked on the approved site. (Ord. 00-03 § 2, 2000)
17.52.040 Uses expressly prohibited.
In the C-3 central business and shopping district, uses expressly prohibited are as follows:
A. Residential uses, unless part of an approved planned development for mixed-use; B. Advertising structures;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
C. Any combination of residential or commercial uses;
D. Industrial uses;
E. Trailer parks.
(Prior code § 13.12.004)
(Ord. No. 13-08, § 12, 12-17-2013)
17.52.050 Property development standards.
A. Lot Area. No requirement.
B. Lot Dimensions. No requirement.
C. Population Density. No requirement.
D. Building Height. Maximum three stories, not to exceed forty (40) feet.
E. Yards.
1. All proposed yards shall be landscaped in accordance with conditions cited in the site plan review.
2. Open parking areas shall be provided with appropriate perimeter and internal landscaping in accordance with conditions cited in the site plan review.
3. Front Yard. None.
4. Side Yard. None.
5. Rear Yard. None.
F. Space Between Buildings. No requirements.
G. Lot Coverage. No requirements.
H. Fences, Hedges and Walls.
1. Height of fences, hedges, and walls shall not be greater than six feet, except as follows:
a. At the discretion of the city manager upon good cause shown by an applicant, a maximum height of ten (10) feet may be permitted. When a height greater than six feet is proposed as part of an application submitted pursuant to Sections 17.08.050 or 17.08.090 of this title, such discretion shall be vested in the planning commission. Fencing greater than six feet in height may be subject to structural review.
b. Within a front yard or a street side yard offering vehicular access to the abutting street, height shall not be greater than three feet, unless the fence, hedge, or wall is at least fifty (50) percent perforate.
2. Fences, walls and railings shall be ornamental masonry or concrete, textured or stamped metal or ornamental iron work or similar durable materials.
I. Off-Street Parking.
1. The general requirement for off-street parking shall be three square feet of off-street parking for each one square foot of floor area.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
2. Said space shall be provided on a site not more than five hundred (500) feet from the external boundaries of the lot upon which the building it serves is located. This required parking area shall be provided in any of the following ways:
a. On the lot with the building served;
b. On a contiguous lot or a lot within five hundred (500) feet of the building or use being served; c. By membership in an assessment district established for the purpose of providing off-street parking for the uses located in said district.
3. The improvement and maintenance standards of Section 17.88.010 shall apply.
J. Access. There shall be adequate vehicular access from a dedicated and improved street or alley.
K. Outdoor Advertising. The provisions of the C-1 district, Section 17.44.050(K)(1)(a), (b), (d), (f), (g), and (h) shall apply, with one freestanding sign per street frontage permitted, subject to the following regulations:
1. The sign shall only contain the name of the business or businesses, principal services provided, and the address of the location.
2. The sign shall not exceed seventy-five (75) square feet in area or twenty (20) feet in height.
3. Any lighting or other forms of illumination utilized shall not create a hazard to drivers or cause a visual or noise disturbance to any surrounding residential area.
L. Loading Spaces. For nonresidential uses, the requirements under Section 17.88.010 shall apply regarding loading space size, location, treatment and maintenance.
M. For uses subject to a conditional use permit, the approving entity may provide for like uses to have a geographic separation of up to one thousand (1,000) feet. (Ord. 93-10 § 7, 1993; prior code § 13.12.005)
(Ord. No. 12-01, § 1, 1-24-2012; Ord. No. 14-02, § 19, 2-11-2014; Ord. No. 17-04, § 4, 4-25-2017)
17.52.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.12.006)
17.52.070 Site plan review.
Before any building or structure may be erected on any lot in the C-3 district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 9, 1999: Prior code § 13.12.007)
(Ord. No. 14-02, § 10, 2-11-2014)
17.52.080 Building compatibility.
All structures in a unified community shopping center shall be developed with a compatible architectural style. The approving entity shall determine compatibility upon review of the site plan.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
(Prior code § 13.12.008)
(Ord. No. 14-02, § 11, 2-11-2014)
Chapter 17.56 S-C SPECIAL COMMERCIAL DISTRICT
17.56.010 Purposes.
The S-C special commercial district is intended to serve as a planned unified commercial district. The businesses are intended to fit into the special nature of adjacent uses such as the airport and create no architectural or traffic conflicts.
(Prior code § 13.13.001)
17.56.020 Permitted uses.
Permitted uses in the S-C special commercial district are as follows:
A. Aircraft equipment sales and minor repair;
B. Automobile service stations;
C. Electrical repair and retail sales;
D. Fruits and vegetable storage — transfer only/enclosed building; E. Hardware stores;
F. Newspaper stands;
G. Offices:
1. Administrative,
2. General;
H. Post offices;
I. Restaurants;
J. Signs, subject to the provisions of Section 17.56.050(K); K. Souvenir shops;
L. Temporary or permanent telephone booths;
M. Other uses as determined by the planning commission. (Prior code § 13.13.002)
17.56.030 Uses permitted subject to conditional use permit.
In the S-C special commercial district, uses permitted subject to conditional use permit are as follows:
A. Aircraft service stations;
B. Bars, provided that no bar may be within five hundred (500) feet of a church, school or another bar; Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
C. Buildings with heights greater than one story;
D. Hotels;
E. Motels;
F. Public parking lot or structure;
G. Restaurant/bars;
H. Self-service aircraft wash;
I. Self-service truck wash;
J. Wireless telecommunications facilities;
K. Other uses as determined by the planning commission. (Prior code § 13.13.003)
(Ord. No. 17-06, § 1, 4-25-2017)
17.56.040 Uses expressly prohibited.
In the S-C special commercial district, uses expressly prohibited are as follows:
A. Residential uses;
B. Combination of residential and commercial uses;
C. Advertising structures;
D. Industrial uses not listed in Sections 17.56.020 and 17.56.030; E. Trailer parks.
(Prior code § 13.13.004)
17.56.050 Property development standards.
In the S-C special commercial district, property development standards are as follows:
A. Lot Area. No requirement.
B. Lot Dimensions. No requirement.
C. Population Density. None.
D. Building Height. Maximum one story, not to exceed twenty (20) feet in height.
E. Yards. The requirements of the C-1 district, Section 17.44.050(E) shall apply.
F. Space Between Buildings. No requirement.
G. Lot Coverage. The requirements of the C-2 district, Section 17.48.050(G) shall apply.
H. Walls. None except where the S-C district abuts residential districts, in which case the provisions of the C-1 district, Section 17.44.050(H) shall apply.
I. Off-Street Parking. The provisions of the C-2 district, Section 17.48.050(I) shall apply.
J. Access. The provisions of the C-1 district, Section 17.44.050(J) shall apply.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
K. Outdoor Advertising. The provisions of the C-1 district, Section 17.44.050(K)(1)(a), (b), (d), (e), (f), (g), and (h) shall apply.
L. Loading. The provisions of Section 17.88.010 shall apply. (Prior code § 13.13.005)
(Ord. No. 17-04, § 5, 4-25-2017)
17.56.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.13.006)
17.56.070 Site plan review.
Before any building or structure may be erected on any lot in the S-C district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 10, 1999: prior code § 13.13.007)
17.56.080 Building compatibility.
Any proposed structure in this district shall be architecturally compatible to existing or future buildings. (Prior code § 13.13.008)
Chapter 17.60 M-1 LIGHT MANUFACTURING DISTRICT
17.60.010 Purposes.
The M-1 light manufacturing district is intended to:
A. Reserve appropriately located areas for various types of processing, assembly, storage and manufacturing uses and related activities;
B. Protect such areas from intrusion by residential or inharmonious commercial uses; C. Regulate and control hazardous or objectionable influences incidental to certain industrial uses; D. Provide areas with adequate space, access and separation from residential, commercial and public uses to promote modern industrial development.
(Prior code § 13.14.001)
17.60.020 Permitted uses.
Permitted uses in the M-1 light manufacturing district are as follows:
A. Manufacturing:
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
1. Electronics:
a. Electrical and related parts;
b. Electrical appliances;
c. Electrical devices;
d. Motors,
2. Instruments:
a. Electronic;
b. Medical and dental tools;
c. Precision;
d. Timing and measuring,
3. Office and Related Machinery:
a. Audio machinery;
b. Computers — Electrical;
c. Computers — Manual;
d. Visual machinery,
4. Pharmaceutics:
a. Cosmetics;
b. Drugs;
c. Perfumes;
d. Soap;
e. Toiletries,
5. Laboratories:
a. Chemical;
b. Dental;
c. Electrical;
d. Optical;
e. Mechanical;
f. Medical,
6. Bottling plants, except those liquids that are offensive or obnoxious by reason of odor or are hazardous,
7. Garment manufacturing,
8. Manufacture and maintenance of electrical and neon signs,
9. Novelties and holiday paraphernalia,
10. Textiles,
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
11. Rubber and metal stamps,
12. Furniture upholstering,
13. Candy,
14. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials:
a. Canvas;
b. Cellophane;
c. Cloth;
d. Cork;
e. Felt;
f. Fiber;
g. Fur;
h. Glass;
i. Leather;
j. Paper (no milling);
k. Precious or semiprecious stones or metals;
l. Plaster;
m. Plastics;
n. Shellac;
o. Textiles;
p. Tobacco;
q. Wood;
r. Yarns,
15. Fabrication of products made from finished rubber,
16 Automotive:
a. Painting;
b. Automotive — body and fender repair;
c. Truck repairing and overhauling;
d. Upholstering,
17. Boat building and repairs;
18. Book binding;
19. Ceramic products using only previously pulverized clay and fired in kiln only using electricity or gas,
20. Machinery and shop (no punch presses over twenty (20) tons or drop hammers):
a. Blacksmith shops;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
b. Cabinet or carpenter shops;
c. Electric motor rebuilding;
d. Machine shops;
e. Sheet metal shops;
f. Welding shops;
g. Manufacturing, compounding, assembly or treatment of articles of merchandise from previously prepared metals,
21. Manufacturing, compounding, processing, packaging or treatment of such products as:
a. Bakery goods;
b. Candy;
c. Cosmetics;
d. Dairy products;
e. Drugs;
f. Food products (excluding fish and meat products, sauerkraut, wine, vinegar, yeast and the rendering of fats and oils) if connected with an adequate sewer system; g. Fruit and vegetables (packing only);
h. Honey extraction plant;
i. Perfume;
j. Toiletries,
22. Manufacturing and maintenance of electric or neon signs,
23. Novelties,
24. Petroleum bulk plants,
25. Printing shops, lithographing, publishing,
26. Retail lumber yard,
27. Rubber and metal stamps,
28. Shoes,
29. Stone monument works,
30. Storage yards:
a. Contractors storage yard;
b. Draying and freight;
c. Feed and fuel yard;
d. Machinery rental;
e. Transit storage;
f. Trucking yard terminal, except freight classifications;
31. Textiles,
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
32. Wholesaling and warehousing;
B. Services:
1. Banks and financial institutions,
2. Blueprinting and photocopying,
3. Business and research offices related to the administration and operation of permitted industrial uses,
4. Newspaper publishing,
5. Offices, business, professional, general, administrative and medical,
6. Off-street parking,
7. Printing, lithographing, publishing,
8. Radio and television broadcasting,
9. Restaurants;
C. Related Uses:
1. Advertising structures,
2. Animal hospitals and shelters,
3. Automobile repairs (conducted within a completely enclosed building),
4. Automobile reupholstery,
5. Automobile service stations,
6. Caretakers' residences. Note: Caretaker's residence may be established in an industrial office structure, as long as the office remains on the property for the benefit of an approved industrial use,
7. Commercial uses that are incidental and directly related to and serving the permitted industrial uses,
8. Electrical supply,
9. Equipment rental or sale,
10. Farm equipment sales and service,
11. Frozen food lockers,
12. Kennels,
13. Ice and cold storage plants,
14. Ice and food products dispensing machines,
15. Signs,
16. Truck service stations;
D. Processing:
1. Creameries,
2. Laboratories,
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
3. Blueprinting and photocopying,
4. Laundries,
5. Carpet and rug cleaning plants,
6. Cleaning and dyeing plants,
7. Tire retreading, recapping, rebuilding;
E. Fabrication:
1. Rubber, fabrication of products made from finished rubber,
2. Assembly of small electrical and electronic equipment,
3. Assembly of plastic items made from finished plastic; F. Agricultural uses;
G. Communication equipment buildings;
H. Electric transmission substation;
I. Off-street parking;
J. Public utility service yards with incidental buildings; K. Electrical distribution substation;
L. Temporary or permanent telephone booths;
M. Water pump stations;
N. Carnivals (reference definition in Section 17.04.110).
O. Emergency shelters, subject to the provisions of Section 17.88.025. (Prior code § 13.14.002)
(Ord. No. 15-08, § 2, 7-14-2015)
17.60.030 Uses permitted subject to conditional use permit.
In the M-1 light manufacturing district, uses permitted subject to conditional use permit are as follows:
A. Commercial uses that are incidental and directly related to and serving the personnel of the permitted industrial uses, providing that the director determines that the proposed use will not be incompatible with uses in the surrounding residential districts;
B. Drive-in theaters;
C. Ice and cold storage plants;
D. Mortuaries;
E. Punch presses;
F. Planned developments (industrial only);
G. Baled cotton storage;
H. Concrete and cement products;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
I. Cotton compress;
J. Meat packing and processing;
K. Microwave relay structure;
L. Poultry processing;
M. Punch presses over twenty (20) tons;
N. Restaurant/bars;
O. Used materials yards;
P. Wholesale lumber yards;
Q. Olive processing plants, preparation only, for shipment to cannery; R. Caretaker's units:
1. Caretakers Unit Defined. For the purposes of this section, "caretakers unit" shall mean a residential unit constructed in the M-1 or M-2 zoning districts as an ancillary use to a primary industrial use for the purpose of providing on-site security.
2. Purpose. The purpose of permitting caretakers units is to provide for needed security for the primary use, not to provide for needed housing in the community, in a manner that does not detract from the industrial appearance, activity and use of the site or surrounding properties. The caretaker use is clearly ancillary to the primary use and is not being permitted to provide income for the property/business owner. A dwelling or mobile home unit shall be permitted only when the approving entity finds that the nature of the business or industrial activity requires continuous supervision by a caretaker, guard, watchman, or superintendent.
3. No more than one pre-fabricated, modular or mobile home shall be permitted in connection with each industrial establishment.
4. Use Permit Required. A use permit shall be required for caretakers units.
5. Criteria. The following criteria shall apply to caretakers units in addition to other conditions of approval added through the use permit process.
a. Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident. b. The unit shall be for the occupancy of a single adult or couple, at least one of which is a fulltime employee of the business on-site. c. The primary use and the site shall conform with all applicable city codes for the district in which they are located and continue to conform after addition of the residential unit. d. The unit shall comply with all standards for construction of residential units, including payment of all development and construction fees applicable to apartment units and shall be connected to city sewer and water services.
e. The maximum size of the unit shall be one thousand one hundred (1,100) square feet. f. An on-site parking space shall be provided for the unit in addition to those required for the primary use that complies with city standards for parking. g. The unit may be constructed with initial development of the site or be added at a later date.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
h. Manufactured homes may be used if they are screened from view, otherwise the units shall be architecturally integrated with the industrial units. i. The unit is not for the purpose of income and shall not be rented. j. If the use is discontinued, the unit shall be removed from the site or if constructed on site shall be converted to a permitted use associated with the primary use. k. The conditional use permit for the dwelling or manufactured housing building shall be subject to annual review by the approving entity at its discretion and shall be revocable upon a finding of a violation of requirements in this section.
S. Banquet halls.
T. Wireless telecommunications facilities.
(Ord. 07-03 § 1, 2007: prior code § 13.14.003)
(Ord. No. 13-08, § 13, 12-17-2013; Ord. No. 14-02, §§ 20, 31, 2-11-2014; Ord. No. 17-06, § 1, 4-25-2017)
17.60.040 Uses expressly prohibited.
In the M-1 light manufacturing district, uses expressly prohibited are as follows:
A. Residential uses except for caretaker's residence in connection with an industrial use; B. Industrial Plants:
1. Abrasives,
2. Bone black plant,
3. Carbon black and lamp black plant,
4. Chemical plant (heavy or industrial),
5. Coal and coke plant,
6. Charcoal manufacturing plant,
7. Detergents, soaps and byproducts using animal fat,
8. Fertilizers of all types,
9. Gas manufacturing plant,
10. Glue and sizing manufacturing plant,
11. Graphite manufacturing plant,
12. Gypsum and other forms of plaster base manufacturing,
13. Insulation manufacturing plant (flammable types),
14. Match manufacturing plant,
15. Metals extraction and smelting plant,
16. Metal ingots, pigs, casting or rolling mill,
17. Paper pulp and cellulose manufacturing plant,
18. Paraffin manufacturing plant,
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
19. Petroleum and petroleum products plants,
20. Portland and similar cement manufacturing plant,
21. Serum, toxin and virus manufacturing laboratory,
22. Sugar and starch manufacturing plant,
23. Tannery plant,
24. Turpentine manufacturing plant,
25. Wax and wax products manufacturing plant,
26. Wool pulling or scouring plant;
C. Processing:
1. Animal byproducts processing,
2. Carbon black and lamp black refining,
3. Chemical (heavy or industrial),
4. Coal and coke processing,
5. Detergents and soap processing,
6. Dog and cat food processing,
7. Fertilizers of all types,
8. Fruit byproducts,
9. Fish and fish byproducts processing or canning,
10. Grain milling and sacking,
11. Paper milling,
12. Petroleum and petroleum products processing or refining,
13. Radium or uranium extraction,
14. Rubber reclaiming or processing,
15. Salt works,
16. Soap works,
17. Smelting works,
18. Potash works,
19. Printing ink processing,
20. Sulphuric acid processing or bottling,
21. Tar or asphaltic roofing processing,
22. Vinegar processing or refining,
23. Volatile or poisonous gas storage or processing,
24. Wood preserving by creosoting or other pressure impregnation of wood by preservatives,
25. Wood and lumber kilns for industrial kiln-drying;
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
D. Motels, hotels;
E. Trailer parks;
F. Bars.
(Prior code § 13.14.004)
17.60.050 Property development standards.
In the M-1 light manufacturing district, property development standards are as follows:
A. Lot Area. The minimum site area shall be twenty-four thousand (24,000) square feet.
B. Lot Dimensions.
1. Width. The minimum lot width shall be seventy-five (75) feet.
2. Depth. The minimum lot depth shall be one hundred and twenty (120) feet.
C. Population Density. None, excepting maximum one caretaker's residence per industrial use.
D. Building Height. The maximum height of structures shall be fifty (50) feet.
E. Yards.
1. Front Yard. None except where the M-1 district abuts or is across from a residential district, there shall be a minimum front yard of not less than fifteen (15) feet. This yard shall not be used for parking or loading but shall be landscaped and maintained with dense materials. A landscaping plan shall be submitted with the site plan.
2. Side Yard.
a. Street Side. None, except where the M-1 district is across from any residential district, there shall be a minimum side yard of not less than ten (10) feet. This yard shall not be used for parking and loading;
b. When the side lot line of M-1 district abuts a residential district there shall be a minimum side yard of not less than fifteen (15) feet. Said yard may be used for parking; c. Reversed Corner Lots. When the rear lot line of a reversed corner lot in an M-1 district adjoins any residential district, there shall be a side yard of not less than fifteen (15) feet.
3. Rear Yard. None, except where the M-1 district abuts a residential district, there shall be a rear yard of not less than fifteen (15) feet. Said yard shall not be used for parking or loading.
F. Space Between Buildings. No requirement.
G. Lot Coverage. No requirements.
H. Fences, Hedges and Walls.
1. None, except where the M-1 district abuts any residential district, there shall be a solid masonry or block wall not less than six feet in height constructed along said boundary. Said wall shall be reduced to three feet in height within required front or street side yards.
2. All fences and walls shall be developed subject to the general provisions and exceptions in Section 17.88.010.
I. Off-Street Parking.
1. For commercial uses, the provisions of the C-3 district, Section 13.52.050(I) shall apply.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
2. For all other uses, there shall be one parking space for each two permanent employees. Such space shall be located within three hundred (300) feet of the property served. In addition, there shall be at least one parking space for each truck operated by the concern or one parking space for each salesperson permanently employed.
3. The conditions of the general provisions and exceptions, Section 17.88.010 shall apply.
J. Access. There shall be vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities on the property requiring off-street parking and loading. The design of said access to withstand industrial usage shall be approved by the city engineer.
K. Outdoor Advertising.
1. General Requirements. None.
2. Location. No sign or advertising structure shall be located within fifty (50) feet of the boundary line between an M-1 district and residential district, when such sign or advertising structure faces said residential district.
3. Size. No requirements.
4. Lighting.
a. No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably by expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide signs. b. Lights used to illuminate signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a public street or adjacent property.
L. Loading Spaces. The provisions of Section 17.88.010 shall apply. (Amended during 1995 codification; prior code § 13.14.005) (Ord. No. 14-02, §§ 21, 22, 2-11-2014)
17.60.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.14.006)
17.60.070 Site plan review.
Before any building or structure may be erected on any lot in the M-1 district, a sited plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 11, 1999: prior code § 13.14.007)
Chapter 17.64 M-2 HEAVY MANUFACTURING DISTRICT
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
17.64.010 Purpose.
The M-2 heavy manufacturing district is intended to provide for the establishment of industrial uses essential to the development of a balanced economic base.
(Prior code § 13.15.001)
17.64.020 Permitted uses.
Permitted uses in the M-2 heavy manufacturing district are as follows:
A. All uses permitted in the M-1 district, Section 17.60.020; B. Alcohol fertilizer, bulk sales and storage;
C. Baled cotton storage;
D. Building materials, concrete and cement products;
E. Cotton compress, ready concrete;
F. Used materials yards, organic fertilizer, bulk sales and storage; G. Manufacturing:
1. Automotive:
a. Assembly;
b. Battery manufacture;
c. Body and fender works;
d. Rebuilding,
2. Machinery shop (no punch press over twenty (20) tons or drop hammers):
a. Automatic skew machines;
b. Blacksmith shops,
3. Manufacturing compounding assembly or treatment of articles or merchandise from the following previously prepared materials:
a. Bone;
b. Feathers;
c. Hair;
d. Horns;
e. Paints, not employing a boiling process;
f. Rubber,
4. Microwave relay structures,
5. Meat packing and meat processing;
H. Cogeneration plants to burn wood and agricultural byproducts. (Prior code § 13.15.002)
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
17.64.030 Uses permitted subject to conditional use permit.
In the M-2 heavy manufacturing district, uses permitted subject to conditional use permit are as follows:
A. Acetylene gas manufacture or storage;
B Acid manufacture;
C. Aircraft factory;
D. Alcohol distillation, including wineries and breweries (when not connected with adequate public sewers);
E. Aluminum foundry;
F. Ammonia bleaching powder or chlorine manufacture;
G. Animal and poultry slaughtering or packing;
H. Asphaltic and asphaltic concrete, mixing or batching plants; I. Automobile wrecking, junk, rag or scrap iron storage or baling; J. Blast furnace or coke oven;
K. Bone, coal or wood distillation;
L. Brick or tile products manufacture;
M. Cement, lime, gypsum, potash or plaster of paris manufacture; N. Cinder and cinder block manufacture;
O. Clay and clay product manufacturing;
P. Cotton ginning or oil milling;
Q. Drop forge industries manufacturing forgings with power hammers; R. Dumping, refuse;
S. Explosives manufacturing or storage;
T. Fat rendering, tallow, grease or lard manufacture or refining; U. Fertilizer (inorganic), the compounding of dried inorganic materials; V. Fish smoking, curing, or canning;
W. Fruit and vegetable processing;
X. Fungicides manufacturing or processing;
Y. Garbage, offal, dead animal or refuse incineration, reduction or dumping; Z. Glass blowing (industrial) and glass bottle production; AA. Glass manufacturing;
BB. Glue manufacturing;
CC. Grain milling and sacking;
DD. Insecticides manufacturing (flammable type);
EE. Iron, steel, brass or copper foundry or fabrication plant, including roller mill or boiler works; Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
FF. Lamp black manufacture, including stove or shoe polish manufacture; GG. Oilcloth or linoleum manufacture;
HH. Oils and fats (vegetable) refining;
II. Olive oil plant or olive processing plant;
JJ. Ore reduction, including refining and smelting of metals; KK. Organic fertilizer manufacturing;
LL. Paint, pigments, enamels, japans, lacquers, putty, thinner, varnishes, whiting, wood fillers and stains manufacturing;
MM. Petroleum refining or petroleum product manufacture or storage, including gas and asphalt; NN. Plastic manufacture;
OO. Railroad repair shops;
PP. Rubber or gutta-percha manufacture;
QQ. Salt works;
RR. Sand blasting;
SS. Sawmills;
TT. Soap manufacturing;
UU. Soda and compound manufacturing;
VV. Stock feed lots and stock yards;
WW. Syrup and grape sugar manufacture;
XX. Tanning, curing or storing of rawhides or skins;
YY. Wool pulling or scouring;
ZZ. Yeast manufacturing;
AAA. Other uses which by written decision are determined by the commission to be obnoxious or detrimental to the public welfare by reason of the emission of odor, dust, smoke, gas, noise, vibration or other causes.
BBB. Wireless telecommunications facilities.
(Prior code § 13.15.003)
(Ord. No. 17-06, § 1, 4-25-2017)
17.64.040 Uses expressly prohibited.
In the M-2 heavy manufacturing district, uses expressly prohibited are as follows:
A. Residential uses;
B. Commercial;
C. Surface mining or surface drilling for oil, gas or minerals; D. Any use identified as harmful to the Mendota community by the planning commission.
Created: 2023-08-15 15:51:10 [EST]
(Supp. No. 23)
(Prior code § 13.15.004)
17.64.050 Property development standards.
The property development standards of the M-1 district, Section 17.60.050 shall apply, with the following exceptions:
A. Building Height. None.
(Prior code § 13.15.005)
17.64.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.15.006)
17.64.070 Site plan review.
Before any building or structure may be erected on any lot in the M-2 district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 12, 1999: prior code § 13.15.007)
Chapter 17.68 P OFF-STREET PARKING DISTRICT
17.68.010 Purposes.
In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street parking shall be provided incidental to new land uses and major alterations and enlargements of existing land uses.
The number of parking spaces prescribed by the planning commission shall be in proportion to the need for such facilities created by the particular type of land use. Off-street parking areas are to be laid out in a manner which will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact.
(Prior code § 13.16.001)
17.68.020 Permitted uses.
Permitted uses in the P off-street parking district are as follows:
A. Off-street parking lots;
B. Incidental parking lot buildings, not to exceed one hundred (100) square feet in area, to be used for purposes of maintaining the lot and to contain no provisions for residential or commercial use; C. Signs;
D. Temporary or permanent telephone booths;
E. Carnivals (reference definition in Section 17.04.110).
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
(Prior code § 13.16.002)
17.68.030 Uses permitted subject to conditional use permit.
In the P off-street parking district, uses permitted subject to conditional use permit are as follows:
A. Parking structures;
B. Incidental commercial uses within a parking structure with a height greater than two stories; C. Wireless telecommunications facilities.
(Prior code § 13.16.003)
(Ord. No. 17-06, § 1, 4-25-2017)
17.68.040 Uses expressly prohibited.
In the P off-street parking district, uses expressly prohibited are as follows:
A. Residential uses;
B. Any combination of residential or commercial uses;
C. Commercial uses;
D. Industrial uses;
E. Advertising structures.
(Prior code § 13.16.004)
17.68.050 Property development standards.
In the P off-street parking district, property development standards are as follows:
A. Lot Area. No requirement.
B. Lot Dimensions.
1. Width. Each lot shall have a minimum lot width of sixty (60) feet.
2. Depth. Each lot shall have a minimum lot depth of one hundred (100) feet.
C. Population Density. Not permitted.
D. Building Height. The maximum height of all structures shall be three stories, not to exceed forty-five (45) feet.
E. Yards.
1. Front and Street-Side. There shall be a minimum front and street-side yard of not less than ten feet. Said yard shall be landscaped and maintained.
2. Side and Rear. No parking building shall be located less than ten feet from any residential district.
F. Space Between Buildings. No requirements.
G. Lot Coverage. No requirements.
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
H. Walls. A six-foot wall shall be constructed along the property line when said line is a boundary between the P district and any residential district.
I. Off-Street Parking. The provisions of Section 17.88.010 apply.
J. Access. Access to off-street parking facilities shall be not less than ten feet in width for each direction of vehicular traffic movement and shall be not less than this width from intersecting or intercepting street or alley rights-of-way.
K. Outdoor Advertising.
1. No sign, billboard or advertising structure, other than those referring to sponsorship, availability and charges for parking space, shall be permitted, except:
a. One sign for each entrance to a parking facility shall be permitted provided that said design shall not exceed one square foot of area for each one lineal foot of street frontage upon the subject lot, and further provided that no single sign shall exceed one hundred (100) square feet in area.
b. Exit signs, not to exceed six square feet in area shall be permitted at each exit from said parking lot to any abutting street or alley.
(Prior code § 13.16.005)
17.68.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.16.006)
17.68.070 Site plan review.
Before any building, structure or parking lot may be erected or developed on any lot in the P district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 13, 1999; prior code § 13.16.007)
Chapter 17.72 A-D AIRPORT DEVELOPMENT DISTRICT
17.72.010 Purposes.
The purposes of the A-D airport development district are to provide a district which would encourage and maintain the orderly development of airport and air carrier related facilities while maintaining standards of health, safety and convenience.
(Prior code § 13.17.001)
17.72.020 Permitted uses.
Permitted uses in the A-D airport development district are as follows:
A. Runways, taxiways and aircraft parking subject to federal regulations; Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
B. Aircraft sales;
C. Aircraft storage;
D. Aircraft repair and maintenance;
E. Manufacturing, assembling, painting, fabrication and upholstering of aircraft or aircraft parts; F. Any office or business conducted or related to flight instruction, ground school or flight service; G. Crop dusting operations, charter flight services, commercial flight operations of any nature; H. Aircraft services such as gasoline and oil sales;
I. Hotels, motels, restaurants and other retail food sales; J. Commercial flight terminals and buildings related thereto; K. Heliports and related uses;
L. Temporary warehousing or storage of materials to be delivered or transhipped by aircraft; M. Any other use directly related to and generally recognized as a use normally conducted at airports. (Prior code § 13.17.002)
17.72.030 Uses permitted subject to conditional use permit.
In the A-D airport development district, uses permitted subject to conditional use permit are as follows:
A. Outside storage of materials;
B. Crop dusting support facilities;
C. Caretakers' residences;
D. Wireless telecommunications facilities.
(Prior code § 13.17.003)
(Ord. No. 14-02, § 34, 2-11-2014; Ord. No. 17-06, § 1, 4-25-2017)
17.72.040 Uses expressly prohibited.
In the A-D airport development district, uses expressly prohibited are as follows:
A. Residential uses;
B. Any combination of residential and nonresidential uses except as permitted in this chapter; C. Commercial uses except as identified in Section 17.72.020; D. Industrial uses except as identified in Section 17.72.020; E. Advertising structures.
(Prior code § 13.17.004)
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
17.72.050 Property development standards.
In the A-D airport development district, property development standards are as follows:
A. Lot Area. No requirements.
B. Lot Dimensions. No requirements.
C. Population Density. None except as provided for in Section 17.72.030(C).
D. Building Height. Maximum three stories not to exceed forty (40) feet. Any structure exceeding forty (40) feet must be approved in accordance with FAA regulations.
E. Yards.
1. General Yard Requirements. The provisions of the C-1 district, Section 17.44.050(E)(1)(a) and (b) shall apply.
2. Front Yard.
a. Each lot shall have a front yard of not less than ten feet. b. Where an A-D district is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard for the adjacent district, however, in no event need such front yard be greater than twenty (20) feet.
3. Side Yard.
a. None, except where the A-D district abuts a residential district, there shall be a side yard on the A-D lot, on the side abutting the residential district, of not less than ten feet. b. On corner lots there shall be a side yard of not less than ten feet on the side abutting a street, except where the A-D lot is adjacent to a residential district, the side yard abutting the street shall be determined in the same manner as the front yard as set forth in subsection (E)(2)(b) of this section.
4. Rear Yard. None required except where the rear of the A-D district abuts a residential district, there shall be a rear yard of not less than ten feet.
F. Space Between Buildings. No requirements.
G. Lot Coverage. No requirements.
H. Fences, Hedges and Walls.
1. A solid masonry block wall not greater than six feet in height shall be erected along the property line which is a district boundary with an abutting residential district and shall be soundproofed.
2. Said wall can be located within required yards, except where walls fall within required front and street side yards, said wall shall be reduced in height to three feet.
3. All walls shall be developed subject to the general provisions and exceptions in Section
17.88.010.
I. Off-Street Parking. The special parking requirements and improvement and maintenance standards of Section 17.88.010 shall apply as therein specified.
J. Access. The provisions of the C-1 district, Section 17.24.050(J) shall apply.
K. Outdoor Advertising. The provisions of the C-1 district, Section 17.24.050(K)(1) shall apply.
L. Loading Spaces. The provisions of Section 17.88.010 shall apply.
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
(Prior code § 13.17.005)
17.72.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.17.006)
17.72.070 Site plan review.
Before any building or structure may be erected on any lot in the A-D district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 99-01 § 14, 1999: prior code § 13.17.007)
17.72.080 Building compatibility.
All structures within a unified development in the A-D district shall be developed with a compatible architectural style. The approving entity shall determine compatibility upon review of the site plan. (Prior code § 13.17.008)
(Ord. No. 14-02, § 12, 2-11-2014)
Chapter 17.76 UR URBAN RESERVE DISTRICT
17.76.010 Purposes.
The UR urban reserve district is an overlying district, intended to set aside undeveloped agricultural land for future land uses due to urban expansion, while preventing the development of land uses which might conflict with the future planned use of the area.
(Prior code § 13.18.001)
17.76.020 Permitted uses.
In the UR urban reserve district, those uses listed as permitted in the R-A district, Section 17.16.020 shall apply.
(Prior code § 13.18.002)
17.76.030 Uses permitted subject to conditional use permit.
In the UR urban reserve district, uses permitted subject to conditional use permit are as follows:
A. Water pump stations;
B. Wireless telecommunications facilities.
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
(Prior code § 13.18.003)
(Ord. No. 17-06, § 1, 4-25-2017)
17.76.040 Uses expressly prohibited.
In the UR urban reserve district, those uses listed as expressly prohibited in the R-A district, Section
17.16.030 shall apply.
(Prior code § 13.18.004)
17.76.050 Property development standards.
In the UR urban reserve district, property development standards are as follows:
A. Lot Area. The minimum lot area shall be five acres.
B. Lot Dimensions.
1. Width. The minimum lot width shall be one hundred and sixty-five (165) feet.
2. Depth. The minimum lot depth shall be one hundred and seventy (170) feet, measured from the centerline of the abutting street right-of-way.
C. Population Density. There shall be not more than one family per dwelling unit. Maximum one dwelling unit per lot.
D. Building Height.
1. The maximum height of the main building shall be thirty (30) feet, not to exceed two stories.
2. Accessory structures shall not have a height greater than one story, not to exceed twelve (12) feet to plate height.
E. Yards. The provisions of the R-A district, Section 17.16.050(E) shall apply.
F. Space Between Buildings. The provisions of the R-A district, Section 17.16.050(F) shall apply.
G. Lot Coverage. The provisions of the R-A district, Section 17.16.050(G) shall apply.
H. Fences, Hedges and Walls. The provisions of the R-A district, Section 17.16.050(H) shall apply.
I. Off-Street Parking: The provisions of the R-A district, Section 17.16.050(I) shall apply.
J. Access. There shall be adequate vehicular access from a developed and improved street, alley or service road.
K. Outdoor Advertising. The provisions of the R-A district, Section 17.16.050(K) shall apply. (Prior code § 13.18.005)
17.76.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Prior code § 13.18.006)
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
17.76.070 Site plan review.
Before any building or structure is erected on any lot in the UR district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090.
(Ord. 99-01 § 15, 1999; amended during 1995 codification; prior code § 13.18.007) Chapter 17.80 P-F PUBLIC FACILITIES DISTRICT
17.80.010 Purpose.
The purpose of the P-F public facilities district is to provide spaces for the location and preservation of public facilities such as schools, City Hall and its activities, as well as all other publicly owned and quasi-public places. (Ord. 08-07 § 1 (Exh. A (part)), 2008: prior code § 13.19.001)
17.80.020 Permitted uses.
Permitted uses in the P-F public facilities district are as follows:
A. Art galleries;
B. City, county or state and federal offices;
C. Civic centers;
D. Community recreation building and uses;
E. Educational facilities;
F. Libraries;
G. Museums;
H. Municipal equipment or material storage yards;
I. Parks and playgrounds;
J. Police and fire stations;
K. Ponding basins;
L. Swimming pools;
M. Tennis courts;
N. Water pumping stations;
O. Carnivals (reference definition in Section 17.04.110); P. Jail, prison or detention facility; whether public or privately owned or operated; Q. Zero-emission electrical generating facilities that are defined as an eligible renewable energy resource under California Public Utilities Code Section 399.12.
(Ord. 08-07 § 1 (Exh. A (part)), 2008: Ord. 98-02, 1992; prior code § 13.19.002) Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
17.80.030 Uses permitted subject to conditional use permit.
In the P-F public facilities district, uses permitted subject to conditional use permit are as follows:
A. Accessory structures and uses located on the same lot as a conditional use; B. Cemeteries and mortuaries;
C. Churches;
D. Communications equipment buildings;
E. Electrical distribution substations;
F. Fair, rodeo or festival grounds;
G. Gas regulator stations;
H. Municipal health and medical facilities;
I. Public airports;
J. Public child day care centers;
K. Public service pumping stations;
L. Sewer and water treatment plants;
M. Wireless telecommunications facilities.
(Ord. 08-07 § 1 (Exh. A (part)), 2008: prior code § 13.19.003) (Ord. No. 17-06, § 1, 4-25-2017)
17.80.040 Uses expressly prohibited.
In the P-F public facilities district, uses expressly prohibited are as follows:
A. Advertising structures;
B. Commercial uses;
C. Industrial uses;
D. Residential uses.
(Ord. 08-07 § 1 (Exh. A (part)), 2008: prior code § 13.19.004)
17.80.050 Property development standards.
In the P-F public facilities district, the property development standards of the R-1 district, Section 17.24.050 shall apply.
(Ord. 08-07 § 1 (Exh. A (part)), 2008: prior code § 13.19.005) Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
17.80.060 General provisions and exceptions.
All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.08, 17.88 and
17.92. (Ord. 08-07 § 1 (Exh. A (part)), 2008: prior code § 13.19.006)
17.80.070 Site plan review.
Before any building or structure may be erected on any lot in the P-F district, a site plan shall have been approved pursuant to the provisions of Section 17.08.090. (Ord. 08-07 § 1 (Exh. A (part)), 2008: Ord. 99-01 § 16, 1999; amended during 1995 codification; prior code §
13.19.007)
Chapter 17.81 ECONOMIC INCENTIVE ZONE OVERLAY DISTRICT
17.81.010 Purpose.
The purpose of the Economic Incentive Zone Overlay District is to provide an area within the city that is considered to be a high priority commercial development corridor in which proposed new development will contribute to economic vitality of the city and is eligible to receive various incentives. (Ord. No. 15-05, § 1, 4-28-2015)
17.81.011 Applicability.
The Economic Incentive Zone Overlay District may exist with any underlying commercial zoning district and shall be shown on the city's official zone map by adding an "EIZ" to the zoning designation for properties shown in Section 17.81.012.
(Ord. No. 15-05, § 1, 4-28-2015)
17.81.012 Economic incentive zone map.
The official map of the Economic Incentive Zone is hereby established, comprising the assessor's parcels illustrated within Exhibit "B."
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
Exhibit B
(Ord. No. 15-05, § 1, 4-28-2015; Ord. No. 15-07, § 1, 6-9-2015) Editor's note(s)—A full list of applicable properties pursuant to Ordinance No. 15-07 is available from the city clerk upon request.
17.81.013 Conflict between regulations.
Where a conflict occurs between the Economic Incentive Zone Overlay District and any other section of the zoning code, the Economic Incentive Zone Overlay District regulations shall prevail. (Ord. No. 15-05, § 1, 4-28-2015)
Created: 2023-08-15 15:51:11 [EST]
(Supp. No. 23)
17.81.020 Use classifications.
The use classifications allowed in the Economic Incentive Zone Overlay District shall be those use classifications allowed in the underlying base zoning district. (Ord. No. 15-05, § 1, 4-28-2015)
17.81.021 Development standards.
A. The development standards for all development within the Economic Incentive Zone Overlay District shall be those standards of the underlying base zoning district.
B. Exemptions. The city planner may administratively exempt the following projects from the underlying zoning district's development standards:
1. Additions expanding existing structures by less than 35% of the gross floor area;
2. Exterior or interior remodeling;
C. Conditional Use Permits. Uses shown in the underlying base zoning district as requiring a conditional use permit may be permitted with a site plan review if the city planner administratively finds that the project is exempt from the California Environmental Quality Act.
D. Undefined/Uses Not Permitted. Any use proposed in the Economic Incentive Zone Overlay District that is either undefined or not permitted in the underlying base zoning district, may be permitted with a conditional use permit if the planning commission adopts a resolution and specifically finds that the proposed use is:
1. Consistent with the purposes of the Economic Incentive Zone Overlay District;
2. Consistent with the general character of surrounding land uses;
3. A specific type of commercial use that does not exist elsewhere in the city. (Ord. No. 15-05, § 1, 4-28-2015)
17.81.022 Procedures.
A. Any use proposed to be located within the Economic Incentive Zone Overlay District shall submit an application in accordance with the requirements of the underlying base zoning district, unless otherwise exempted herein.
B. The city shall process all site plan review and conditional use permit development applications within the following time frames:
1. Requirements for additional information shall be provided to the applicant within two days following the initial submittal of an application.
2. Following the resubmittal by the applicant of any additional information required for a site plan review application, the city shall approve the site plan review within seven days.
3. Following the resubmittal by the applicant of any additional information required for a conditional use permit, the city shall consider the application within forty-five (45) days. (Ord. No. 15-05, § 1, 4-28-2015)
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(Supp. No. 23)
17.81.023 Incentives.
The following incentives shall be granted for projects approved in the Economic Incentive Zone Overlay District:
A. Development Impact Fees—Projects with new or expanded structures less than two thousand (2,000) square feet. All new construction within the Economic Incentive Zone Overlay District where the new or expanded structure(s) is/are less than two thousand (2,000) square feet in floor area shall be entitled to a one hundred (100) percent waiver of development impact fees.
B. Development Impact Fees—Projects with new or expanded structures greater than two thousand (2,000) square feet. All new construction within the Economic Incentive Zone Overlay District where the new or expanded structure(s) is/are greater than two thousand (2,000) square feet in floor area shall be entitled to a fifty (50) percent reduction in development impact fees.
C. Development Impact Fees—City Council approval. For projects with new or expanded structures that are greater than ten thousand (10,000) square feet in floor area, the city council may, at its sole discretion, approve a reduction in development impact fees greater than fifty (50) percent.
D. Application Fees. All projects proposed within the Economic Incentive Zone Overlay District shall be given a fifty (50) percent reduction for site plan review or conditional use permit application fees.
E. Building Permits. The following incentive schedule shall apply for building permit fee waivers and reductions:
1. Construction of less than two thousand (2,000) square feet shall be exempt from building permit fees.
2. Construction of between two thousand one (2,001) square feet and five thousand (5,000) square feet shall receive a seventy-five (75) percent reduction in building permit fees.
3. Construction of between five thousand one (5,001) and ten thousand (10,000) square feet shall receive a fifty (50) percent reduction in building permit fees.
4. Construction greater than ten thousand (10,000) square feet shall receive a twenty-five (25) percent reduction in building permit fees.
F. Development Agreements. The city council may alter any of the provisions of this section and grant less, greater, or other incentives through approval of a development agreement and upon finding that the approval of the development agreement will implement the purposes of the Economic Incentive Zone Overlay District.
(Ord. No. 15-05, § 1, 4-28-2015)
17.81.024 Enhanced economic incentive areas.
A. Any parcel in the city that is zoned C-2 (community shopping center district) or C-3 (central business and shopping district), has a minimum lot area of fifteen thousand (15,000) square feet, and where a proposal for new development includes as the primary land use, a pharmacy, a grocery store, a financial institution, an automobile sales business, or a shopping center shall receive enhanced economic incentives as provided in Section 17.81.027.
B. Proposed development which does meet the zoning, lot area, or land use requirements listed in Section
17.81.024(A), shall not be eligible for enhanced economic incentives as provided in Section 17.81.027. (Ord. No. 18-02, § 2, 7-24-2018)
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(Supp. No. 23)
17.81.025 Definitions.
A. The following definitions shall be used to determine uses eligible to receive enhanced economic incentives.
Where a conflict occurs between this section and any other section of the Zoning Code, the definition herein shall prevail.
1. Automobile Sales. A retail use that provides for new automobile sales conducted within a building or an open lot or both.
2. Financial Services. A use that provides depository banking services to the public, such as banks, credit unions, or savings and loans. The establishment must be staffed by employees physically present on site. This definition does not include pay day loan establishments or other establishments whose principal business is not directly related to depository banking services.
3. Grocery Store. A retail store selling food and associated small household items having a minimum gross floor area of fifteen thousand (15,000) square feet.
4. Pharmacy. A retail store that dispenses prescription drugs and which sells, among other things, nonprescription medicines, health and beauty products, and associated sundry items, and having a minimum gross floor area of ten thousand (10,000) square feet.
5. Shopping Center. A group of commercial establishments containing at least three individual business establishments, planned, developed, owned, and managed as a unit, providing common on-site parking areas, loading areas, driveways, and other shared facilities. (Ord. No. 18-02, § 2, 7-24-2018)
17.81.026 Development standards for enhanced economic incentive areas.
A. The development standards for all development within enhanced economic incentive areas shall be those standards of the underlying base zoning district.
B. Site Plan Review. Uses proposed that meet all of the requirements of Section 17.81.024(A) shall be permitted with a site plan review.
C. The city shall process all site plan review applications for uses within enhanced economic incentive areas in accordance with Section 17.81.022 of this chapter.
(Ord. No. 18-02, § 2, 7-24-2018)
17.81.027 Enhanced economic incentive area incentives.
A. Development Impact Fees. All new construction within enhanced economic incentive areas shall receive an eighty (80) percent waiver of development impact fees.
B. Application Fees. All projects proposed within enhanced economic incentive areas shall be exempt from site plan review application fees.
C. Building Permits. All new construction within enhanced economic incentive areas shall receive a fifty (50) percent reduction in building permit fees.
D. Development Agreements. The city council may alter any of the provisions of this section and grant less, greater, or other incentives through approval of a development agreement and upon finding that the approval of the development agreement will implement the purposes of the enhanced economic incentive areas.
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(Supp. No. 23)
(Ord. No. 18-02, § 2, 7-24-2018)
17.81.028 Sunset provision.
A. Sections 17.81.024 to 17.81.027 shall no longer be effective or apply and shall be repealed in their entirety on July 1, 2021, unless such date of repeal is extended by resolution of the city council. (Ord. No. 18-02, § 2, 7-24-2018)
Chapter 17.82 SOCIAL FACILITIES
17.82.010 Purposes.
The purpose of this chapter is to provide for the establishment and regulation of facilities intended for public and private gatherings for the purposes of celebration, ceremonies, dancing, and similar group activities on a regular or ongoing basis. It is not intended to supplant Chapter 5.44 of this code, which addresses permitting for individual or temporary dance events.
(Ord. No. 14-02, § 33, 2-11-2014)
17.82.020 Definitions.
The following definitions shall apply:
"Banquet hall" shall have the same meaning as "community, dance, or social hall", except that all activities shall be conducted within an entirely enclosed structure. "Community, dance, or social hall" shall mean an establishment, whether standalone or in conjunction with another approved use, at which live or recorded music and/or an amplified public address system may be provided and at which it is intended that persons gather for the purposes of celebration, ceremonies, dancing, and similar group activities. A community, dance, or social hall may contain indoor and/or outdoor activity areas. It shall not include a church, theatre, or private lodge/club as defined in this title, unless such church, theatre, or private lodge/club is specifically approved as such.
"Social facility" shall include banquet halls, community halls, dance halls, and social halls as defined herein. (Ord. No. 14-02, § 33, 2-11-2014)
17.82.030 Procedure.
A. All consideration of social facilities, whether as a standalone use or in conjunction with another use, shall be pursuant to Section 17.08.050. The same shall apply to consideration of revocation of a permit to operate.
B. Social facilities shall be considered as a "major" conditional use permit, regardless of meeting the criteria to qualify as a "minor" conditional use permit.
C. In addition to the standards of review contained within Section 17.08.050, the planning commission shall apply the criteria contained within Chapter 5.44 of this title in its consideration of a social facility D. Signed approval by the chief of police shall not be required as part of the planning commission's consideration of a social facility.
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(Supp. No. 23)
(Ord. No. 14-02, § 33, 2-11-2014)
Chapter 17.84 PLANNED DEVELOPMENTS1
17.84.010 Purpose and intent.
The planned development process is intended to provide for development of residential, commercial, and industrial projects involving use of modified development and/or public improvement standards, such that the benefits of the project to the public, the city, and the project proponent are greater than what would normally be possible under the default regulations.
(Ord. No. 13-08, § 2, 12-17-2013)
17.84.020 Procedure.
A. Application for and approval of a planned development shall be subject to the provisions of Section
17.08.050 of this title, except as may be modified by this chapter. Any such application and accompanying exhibits shall conspicuously state the words "Planned Development." Applications processed pursuant to this chapter may alternately referred to as "planned developments", "a conditional use permit for a planned development", or similar, provided that it is made evident that such application is being pursued in accordance with this chapter.
B. For planned developments involving the subdivision of property:
1. Such projects shall also be subject to the provisions of Title 16 of this code.
2. Approval of the planned development shall be conditioned upon city council approval of any subdivision procedure undertaken pursuant to Title 16.
3. The term of the planned development approval shall be at least as long as the term of the approved subdivision, including any extensions granted thereto.
C. Planned developments may be permitted in all districts, subject to the provisions of this chapter. (Ord. No. 13-08, § 2, 12-17-2013)
17.84.030 Special conditions.
A. All otherwise required property development standards, and public improvement standards applicable to a particular parcel, including those contained within Chapter 17.88 of this title but excepting those related to population density or the public health and safety, may be modified or waived, provided that the planning commission determines that said proposed development is likely to provide a more functional, enduring, and desirable environment than would otherwise be possible and that no adverse impacts to adjacent properties or public facilities would result therefrom.
1Editor's note(s)—Section 1 of Ord. No. 13-08, adopted Dec. 17, 2013, repealed the former ch. 17.84, §§
17.84.010—17.84.030, and section 2 of said ordinance enacted a new ch. 17.84 as set out herein. The former ch. 17.84 pertained to PUD Planned Unit Development district, and derived from prior code, § 13.20.001—
13.20.003.
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(Supp. No. 23)
B. At least ten (10) percent of the site, exclusive of required yards, shall either be improved as recreational area and/or open space for the use of residents/occupants of the planned development or improved and dedicated to the city for public use.
C. Each residential planned development shall include facilities for bulk storage, laundry, and similar services unless such facilities are included individually for each dwelling unit.
D. Where private roads and/or common recreation or service facilities are provided, a method for their permanent maintenance and upkeep shall be specified to the satisfaction of the planning commission.
E. The definition of yards and the manner by which a front yard is determined as contained within Section
17.04.110 notwithstanding, the yards of a planned development may be oriented in relation to a public street or other approved access as determined by the planning commission. (Ord. No. 13-08, § 2, 12-17-2013)
17.84.040 Plan requirements.
In addition to items required pursuant to Section 17.08.050, all plans submitted for review shall include and/or indicate the following:
A. The types of uses and the location, height, and bulk of buildings and other improvements, including floor plans and elevations, as applicable;
B. The buildable area, lot coverage, and open spaces around buildings. In the case of single-family detached or attached dwellings, this shall include a typical lot fit analysis, indicating that each proposed floor plan can be placed on at least one lot within the proposed development while meeting setback, lot coverage, and related standards.
C. The traffic pattern;
D. The arrangement, design, and dimensions of streets, alleys, pedestrian ways, and parking and loading areas;
E. Any proposed screening of uses from visibility from adjacent properties and public ways, either within or without the planned development, by fencing and/or landscaping.
F. Such other items as, in the determination of the planning commission, may be necessary to accomplish the purposes of this chapter.
(Ord. No. 13-08, § 2, 12-17-2013)
17.84.050 Findings.
Prior to approval of a planned development, the planning commission shall make the following findings in lieu of those contained in Section 17.08.050:
A. The proposed planned development is consistent with the general plan and any applicable specific or community plan, including the density and intensity limitations that may apply; B. The subject site is physically suitable for the type and intensity of the development being proposed; C. Adequate transportation facilities, utilities, and public services exist or will be provided in accordance with the approval of the planned development to serve the proposed development, and approval of the planned development will not result in adverse impacts to existing facilities, utilities, or services so as to be a detriment to the public health, safety, or welfare; Created: 2023-08-15 15:51:12 [EST]
(Supp. No. 23)
D. The proposed development will not have a substantial adverse impact on surrounding land uses, and will be compatible with the existing and planned land use character of the surrounding area; E. The proposed development generally complies with any adopted design guidelines; and F. The proposed development is demonstrably superior to the development that could occur utilizing the standards applicable to the subject zone district, and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, factors to be considered shall include, but not be limited to:
1. Appropriateness of the use(s) at the proposed location;
2. The mix of uses, housing types, and housing price levels;
3. Provision of infrastructure improvements;
4. Provision of usable active or passive open space;
5. Compatibility of uses within the planned development area;
6. Creativity in design and use of land;
7. Quality of design, and adequacy of light and air into the interior spaces of buildings; and
8. Overall enhancement of neighborhood character and the built and natural environments of the city.
(Ord. No. 13-08, § 2, 12-17-2013)
17.84.060 Conditions of approval.
In approving a planned development, the planning commission may impose reasonable conditions deemed necessary to:
A. Ensure that the planned development conforms in all significant respects to the general plan and with any other plans or policies and design guidelines the city has adopted; B. Achieve the general purposes of this code and/or the specific purpose of the zone district(s) in which the planned development is located;
C. Achieve the findings contained within Section 17.94.050; or D. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
(Ord. No. 13-08, § 2, 12-17-2013)
17.84.070 Expiration and extension.
A. Expiration.
1. A planned development shall become effective on the same date that it is approved by the planning commission. The planned development approval shall expire if it is not exercised or extended within two years of the effective date. An approved planned development may specify a phased development program exceeding three years.
2. A planned development is considered to be exercised when:
a. Actions specified in the conditions of approval have been taken; or Created: 2023-08-15 15:51:12 [EST]
(Supp. No. 23)
b. When a building permit has been issued and construction has commenced and is being diligently pursued.
3. In the event that the applicant intends to develop the planned development in phases, and the planning commission approves such phased development, the planned development shall remain in effect so long as not more than one year elapses between the completion of one phase and the commencement of the next.
4. Where a planned development has been approved in conjunction with a tentative map, the planned development approval shall expire upon the expiration of the tentative map, Section 17.84.070(A)(3) notwithstanding.
B. Extension. If site development and construction have not been initiated within two years of the effective date of the planned development, the city manager may authorize an extension of the planned development for an additional two years. An application for extension shall be made in writing not less than thirty (30) days prior to the date of expiration. The city manager shall approve the extension only upon the determination that the extension is consistent with the purposes of this chapter and that no significant amendments, as defined in Section 17.84.080, are proposed. (Ord. No. 13-08, § 2, 12-17-2013)
17.84.080 Amendments to approved planned developments.
A. Amendments or revisions to an approved planned development may be requested by the applicant or its successors. Amendments shall be classified as major or minor amendments. Upon receipt of an amendment application, the city manager shall determine whether the proposal constitutes a major amendment or a minor amendment.
B. Major Amendments. Major amendments to an approved planned development shall be considered by the planning commission at a duly noticed public hearing. An amendment shall be considered major if it involves one or more of the following changes:
1. A change in the boundary of the planned development;
2. An increase or decrease in the number of dwelling units that is greater than ten (10) percent of the number stated in the original approval of the planned development;
3. An increase or decrease in the floor area of any non-residential use that results in a change of greater than ten (10) percent of the amount stated in the original approval of the planned development;
4. Any change in use or intensity that, in the determination of the city engineer, is likely to negatively impact or burden public utilities, infrastructure, or other facilities;
5. Any other proposed change that, in the determination of the city manager, substantively alters one or more components of the planned development.
C. Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (B) above shall be considered minor, provided that they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the city manager without a public hearing. (Ord. No. 13-08, § 2, 12-17-2013)
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(Supp. No. 23)
17.84.090 Phased projects.
Individual development plans for units within a phased planned development shall be accepted for planning and building permits only if they are consistent with the approved planned development and any conditions of approval.
(Ord. No. 13-08, § 2, 12-17-2013)
17.84.100 Failure to comply with conditions.
Failure of a planned development to comply with the conditions of approval or with a phased development schedule, if applicable, is a violation of this code, and is subject to Chapter 1.20, General Penalty. (Ord. No. 13-08, § 2, 12-17-2013)
17.84.110 Revocation.
Approval of a planned development may be revoked as provided in Section 17.08.050(M). (Ord. No. 13-08, § 2, 12-17-2013)
Chapter 17.86 HOME OCCUPATIONS
17.86.010 Purpose.
The purpose of the home occupation permit is to allow certain limited commercial or office endeavors within otherwise residential areas as a method of promoting employment and revenue-generating activities within the city.
(Ord. No. 11-01, § 2, 3-22-2011)
17.86.020 Procedure.
For the purposes of this chapter, "city manager" shall mean the city manager of the city of Mendota or his/her designee.
A. Filing. An application for a home occupation shall be submitted to the city clerk. For rental property, the property owner or property manager shall provide written authorization for the proposed use at the time of application submittal.
B. Review. Following receipt of a completed application, the city manager shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
C. Public Notice. Public notice shall not be required as part of the process for review of a home occupation permit application.
D. Fees. A home occupation permit fee, as established by resolution of the city council, shall be collected from the applicant when the application for a home occupation permit is submitted.
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(Supp. No. 23)
E. Application Review. The city manager shall review each application and, within thirty (30) days of receipt, shall remit the decision in writing with the findings on which the decision is based.
F. Approval or Denial. The city manager shall approve a home occupation permit if the following findings are made:
1. The proposal is consistent with the general plan, any applicable specific plan, and the development standards of the subject zoning district.
2. The proposal is consistent with the home occupation criteria and all other applicable standards of this code.
G. Appeal to the Planning Commission. If the home occupation permit application is denied, the applicant may file an appeal to the planning commission.
1. The appeal shall be submitted within ten (10) days of the decision of the city manager.
2. The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.
3. The planning commission shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.
H. Appeal to the City Council. If the appeal to the planning commission is denied, the applicant may file an appeal to the city council.
1. The appeal must be submitted within ten (10) days of the decision of the planning commission.
2. The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.
3. The city council shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.
I. Effective Date. The home occupation permit shall become effective immediately upon signature by the city manager; or, in the cases of appeal to the planning commission or city council, once the acting body has rendered its final decision.
J. Business License Required. Following approval of a home occupation permit, but prior to initiation of the use, the applicant shall have applied for and received a business license from the city of Mendota for operation of said use pursuant to Title 5 of this code. (Ord. No. 11-01, § 2, 3-22-2011)
17.86.030 Permitted home occupations.
A. Where Permitted. Home occupations are permitted to operate within dwellings in the following zoning districts:
1. All residential zoning districts;
2. In the C-3 (Central Business and Shopping) District when operating from a dwelling approved as part of a mixed-use development;
3. In other non-residential districts as part of a nonconforming residential use, until amortization or other discontinuation of that residential use occurs. Section 17.86.020(F)(1) notwithstanding, a nonconforming residential use may be found to be consistent with the intent of this chapter if it meets the development standards of the residential zoning district most similar to the nonconforming use, as determined by the city manager.
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(Supp. No. 23)
B. Permitted Occupations. Permissible home occupations may include, but are not limited to, the following:
1. General office professions, such as accountant, administrative assistant, answering service, appraiser, architect, attorney, bookkeeper, broker or agent (e.g., real estate, insurance), consultant, drafting, engineer, interior decorator, secretarial, and word processing;
2. Commission merchant, direct sale product distribution, and mail- or internet-order business;
3. Dressmaker, tailor;
4. Businesses involving the sale or delivery of merchandise fabricated on the site;
5. Mobile businesses: vehicle repair, glass installation, and auto detailing; computer repair;
6. Offices for professions wherein service is primarily provided outside the home: contractor, handyperson, janitorial service, landscaping/gardening service;
7. Offices for professions involving provision of service within the home, to not more than one client simultaneously: tutoring, somatic practice, fine art instruction, martial arts instruction;
8. Food preparation, including a cottage food operation, provided that the applicant shows evidence that any and all requirements of the Fresno County Public Health Department and the State of California are met, and that no onsite dining facilities are provided;
9. Woodworking;
10. Any other use that the city manager finds similar to the above and that otherwise meets the requirements for approval as a home occupation pursuant to this chapter. (Ord. No. 11-01, § 2, 3-22-2011; Ord. No. 15-04, § 2, 4-28-2015)
17.86.040 Prohibited home occupations.
The following uses shall not be permitted as home occupations:
A. Adult businesses conducted on the site, including but not limited to nude entertainment or related activities, or sale/rental of adult books, movies, or related paraphernalia; B. Alcohol or tobacco sales;
C. Businesses that entail onsite boarding, handling, breeding, grooming, raising, or training of animals; D. Dance club/night club;
E. Firearms or ammunition dealers;
F. Fortune telling;
G. Massage parlors;
H. Medical or dental offices, including pharmacy or medical marijuana dispensaries; I. Mini storage;
J. Otherwise appropriate home occupations that become detrimental to the public health, safety, or welfare, or that constitute a nuisance;
K. Retail sales of merchandise stored and/or displayed on the premises; L. Tattoo parlors, including body piercing and permanent makeup; M. Repair of motor vehicles, as defined in § 415 of the California Vehicle Code, on the premises; Created: 2023-08-15 15:51:12 [EST]
(Supp. No. 23)
N. Repair of appliances;
O. Vehicle sales;
P. Welding and/or machining;
Q. Any other use that the city manager finds similar to the above, that would be detrimental to the public health, safety, or welfare, that is not consistent with the general plan, any applicable specific plan, or the intent of this chapter, or that is otherwise not compatible with the residential character of the neighborhood.
(Ord. No. 11-01, § 2, 3-22-2011)
17.86.050 Operating standards for home occupations.
This section provides locational and operational standards for the conduct of home occupations. Home occupations shall comply with all of the following standards:
A. The dwelling from which the home occupation is proposed to operate shall comply with Title 15 of this code.
B. The use shall be clearly subordinate to and compatible with the residential nature of the area.
C. The home occupation shall not alter the appearance of the dwelling, nor shall the conduct of the home occupation be recognized as serving a nonresidential use (by way of color, lighting, construction, materials, signs, sounds or noises, etc.).
D. Not more than one room within the dwelling shall be used for the home occupation.
E. Only residents of the dwelling may be employees of the permitted home occupation.
F. Except as otherwise permitted by this chapter, there shall be no display of merchandise.
G. There shall be no use of materials, equipment, or machinery not recognized as being part of normal household or hobby use.
H. Except as otherwise permitted by this chapter, there shall be no sales of products or services not produced on the premises;
I. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.
J. For home occupations involving client attendance at the premises, no more than eight clients shall be served on any given day.
K. For home occupations involving client attendance at the premises, or otherwise producing any sensible effect off of the site, business shall occur only between the hours of 7:00 a.m. and 7:00 p.m.
L. Only one vehicle, owned by the operator of the home occupation, and not to exceed one ton in capacity, may be used by the operator in conjunction with the home occupation. Said vehicle shall be stored entirely within a garage or carport.
M. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the site in a manner different from normal residential usage, with the exception of FedEx, UPS, or United States Postal Service-type services.
N. The home occupation shall not encroach into required parking, setback, or open space areas, or result in violation of any of the development standards of the subject zoning district, unless a separate Created: 2023-08-15 15:51:12 [EST]
(Supp. No. 23)
proposal for said encroachment or a variance from standards is requested and approved prior to issuance of the home occupation permit.
O. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
P. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance.
Q. The home occupation permit is nontransferable.
R. No more than one home occupation may be allowed in any dwelling at one time.
S. In the case of a resident who, as part of his or her normal employment, is required or permitted to drive an employer-provided passenger vehicle to and from his or her residence, this shall not in and of itself constitute a home occupation.
(Ord. No. 11-01, § 2, 3-22-2011)
17.86.060 Permit expiration and revocation.
A. Discontinuance or Cessation. Home occupation permits shall immediately expire upon discontinuance or cessation of the permitted use for a continuous period of thirty (30) days.
B. Revocation of Permit. The city manager may revoke a home occupation permit for noncompliance with the provisions of this chapter or for failure to comply with applicable laws and ordinances pertaining to the use of the property. The revocation of a home occupation permit shall become effective upon delivery of written notice to the permittee.
C. Appeal to the Planning Commission. The permittee may appeal the revocation to the planning commission.
1. The appeal must be submitted within ten (10) days of the decision of the city manager.
2. The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.
3. The planning commission shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.
D. Appeal to the City Council. If the appeal to the planning commission is denied, the applicant may file an appeal to the city council.
1. The appeal must be submitted within ten (10) days of the decision of the planning commission.
2. The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.
3. The city council shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.
E. [Revocation.] Absent an immediate health, safety, or welfare concern, and provided that an appeal is timely filed, any revocation shall be stayed pending completion of the appeal process. (Ord. No. 11-01, § 2, 3-22-2011)
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(Supp. No. 23)
17.86.070 Inspections.
The city manager shall have the right to inspect the premises of a home occupation to verify compliance with this chapter and any conditions set forth in the approval of the home occupation permit. (Ord. No. 11-01, § 2, 3-22-2011)
17.86.080 Pre-existing home occupations.
All pre-existing home occupations shall conform to the requirements of this chapter before or upon renewal of the annual business license. All pre-existing, non-permitted home occupations shall conform to the requirements of this chapter within sixty (60) days of the effective date of this chapter. (Ord. No. 11-01, § 2, 3-22-2011)
17.86.090 Violation.
Any violation of this chapter shall be deemed an infraction, and shall be subject to the general penalty as described in Chapter 1.20 of this code.
(Ord. No. 11-01, § 2, 3-22-2011)
Chapter 17.88 PROPERTY DEVELOPMENT STANDARDS
17.88.010 Property development standards.
A. The following property development standards shall apply to all land, buildings and structures in all districts:
1. Lot Area. Except as provided in this title, no building or structures shall be hereafter erected or located on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it is located.
a. Every parcel of land containing five acres or less held in separate ownership on March 23, 1965, shall be deemed to be one lot; provided, however, that if such parcel of land consists of two or more lots, each with a separate and distinct number or other designation on an official map or approved record of survey recorded in the office of the county recorder, or delineated on an approved map of survey filed in the office of the department, and such parcels each comply with the regulations for the zoning district in which they are located, each lot shall constitute a separate lot for the purposes of this title. Not more than one main building or permitted group of buildings shall be constructed or moved on to any lot unless all regulations established in this title are complied with and a subdivision tract map or approved record of survey is approved by the city manager in accordance with the requirements of Title 2 of this code. b. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title may be considered as providing a yard or open space for any other building; nor may any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.
c. No parking area, parking space or loading space which is provided for the purpose of complying with the provisions of this title shall hereafter be relinquished or reduced in any manner below Created: 2023-08-15 15:51:12 [EST]
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the requirements of this title unless equivalent facilities are provided elsewhere, the location of which is approved by the approving entity as part of a site plan review or conditional use permit, as applicable. If such parking area is established by a conditional use permit, equivalent facilities shall be subject to approval by the approving entity. Property located in a vehicle parking district provided in accordance with state law, and where the off-street parking lots are completed and in operation, shall be deemed in compliance with the parking provisions of this title. d. After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be divided by recordation of any map or by voluntary sale, contract of sale or conveyance of any kind which creates a new parcel of land under separate ownership which consists of less than the minimum lot area required for the district of which such lot is a part.
Provided, however, that a tolerance of ten percent shall be allowed as to this requirement when the parcel so created is irregular in shape.
e. Any person participating in such division in violation of this section, whether as a seller, grantor, purchaser or grantee, shall as principal in the transaction be guilty of a misdemeanor. Any deed or conveyance, sale or contract to sell made contrary to the provisions of this subsection (A)(1)(e) is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date or execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his assignee, or divisee.
2. Lot Dimensions.
a. Every lot shall have a minimum width and depth not less than that prescribed in the district under consideration. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.
b. Where a lot has a minimum width or depth less than that prescribed by this title, and said lot was of record under one ownership at the time that the area was first zoned whereby the lot became nonconforming, said lot may be used subject to all other property development standards of the district in which such lot is located.
3. Population Density. The population density regulations as set forth in the districts shall apply.
Occupancy shall not be increased in any manner except in conformity with these regulations.
4. Building Height. All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations and exceptions of the district in which they may be located.
5. Yards.
a. In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the street and a line through the corner or face of said building closest to and drawn parallel with the street, excluding any architectural features. The yard requirements as set forth in the district shall apply, with the addition of the following requirements set out in this subsection (A)(5)(b) — (f).
b. Schools, churches and institutions at property boundaries. No building shall be hereafter erected, structurally altered or used for a school, church, hospital, public building or other similar use permitted either as a matter of right, or under the conditional use permit regulations of this title, Section 17.08.050 unless such buildings, when fronting on a street, have a front yard not less than that prescribed by the district in which said building is located.
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c. Side and rear yards may be used for required off-street parking; provided, that there is a solid masonry wall not less than six feet in height erected on the property line abutting the area used for off-street parking. For regulations see subsection (A)(8) of this section. The required front yard shall be landscaped with the appropriate materials and shall be maintained. d. Official plan line shall be established by the circulation element of the Mendota general plan. e. Rear Yards. Rear yards on single lots and in planned unit developments may be less than the required setback, provided that a site plan is submitted in accordance with the provisions of Section 17.08.090, that in no case shall the rear yard be less than the required side yard for the district. Space equal to the reduction shall be provided elsewhere on the lot, exclusive of required yard area. Said replacement space shall have minimum dimensions of eight feet by eight feet and shall be so located that it is suitable for general use by the occupant of the premises. f. Yard Requirements—Exceptions.
i. Architectural features including sills, chimneys, cornices and eaves may be extended into a required yard or a space between structures not more than two feet or twenty-five (25) percent of the required yard or space, whichever is greater. ii. Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open space, subject to the limitations prescribed in the district. iii. Accessory structures other than swimming pools shall observe required yards except rear yards abutting a public alley or where a written agreement between owners of adjoining properties allows encroachment of adjoining yards.
g. Yard Requirements—Swimming Pools.
i. A swimming pool shall not be located in any required front yard, nor shall it be located in front of a dwelling in the case of a front yard exceeding the minimum size. ii. A swimming pool shall not be located or within five feet of any side or rear property line. iii. A swimming pool shall not be located within five feet of a fence, hedge, or wall intended to provide a physical or visual barrier between the subject property and another property or the public right-of-way.
iv. Subsections (ii) and (iii) herein shall not be applicable to permanent swimming pool appurtenances (e.g., pump/filter system, piping, diving board, slide) or to decking, paving, or similar features intended to provide access to or around the swimming pool. h. Maintenance of Landscaped Areas. A landscaped area provided in compliance with the regulations of this title or as a variance shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate. Landscaped areas shall be watered, weeded, pruned, fertilized and otherwise maintained, and plant materials shall be replaced as needed to assure compliance with the requirement for a landscaped area. i. No structure or projection thereof may extend into a public easement.
6. Space Between Buildings. All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the space between building requirements of the district in which they may be located.
7. Lot Coverage.
a. Generally. All structures hereafter designed or erected and existing structures that may be reconstructed, altered, moved, maintained, or enlarged shall not exceed the maximum lot coverage regulations of the district in which they are located.
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b. Exception. Area occupied by swimming pools shall not be counted against the maximum lot coverage.
8. Fences, Hedges and Walls.
a. This subsection (A)(8) is intended to provide for the regulations of the height and location of fences, hedges and walls for the purpose of providing for light, air, privacy and safeguarding the public welfare by preventing visual obstructions at street and highway intersections. Nothing in this subsection shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law, or by safety requirements of the Board of Education.
The regulations of the districts shall apply and the following shall be in addition to those regulations.
b. A fence or wall shall be constructed along the perimeter of all areas considered by the council to be dangerous to the public health and safety. The height of such wall shall be determined by the council in relation to the danger or hazard involved. Said fence or wall may be required when a use requires a permit or at the discretion of the council according to the danger or hazard involved.
c. All present and future fences, hedges and walls shall conform to the corner cut-off provisions of Section 17.16.050(H)(1) of this code.
9. Off-Street Parking.
a. The following standards for providing off-street parking shall apply at the time of the erection of any main buildings or when off-street parking is established. These standards shall also be complied with when an existing building is altered or enlarged by the addition of dwelling units or guest rooms or where the use is intensified by the addition of floor space, seating capacity, seats or change to a use requiring greater parking.
i. Off-street automobile parking space being maintained in connection with any existing main building or structures shall be maintained so long as said main building or structure remains, unless an equivalent substitute number of such spaces are provided and thereafter maintained conforming to the requirements of this subsection (A)(9)(a)(i); provided, however, that this regulation shall not require the maintenance of more automobile parking space than is required in this title for a new building or structure identical to said existing building or structure, nor the maintenance of such space for any type of main building or structure other than those specified in this title. ii. No parking area or parking space which is provided for the purpose of complying with the provisions of this title shall hereafter be relinquished, reduced or altered in any manner below the requirement established in this title, unless equivalent facilities are provided elsewhere, the location of which is approved by the commission. iii. Where an automobile parking space is provided and maintained on a lot in connection with a main building or structure on an adjacent lot, and is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, then said building or structure may be altered or enlarged, or such use may be extended, only if additional automobile parking spaces are provided for said enlargement, extension or addition proposed to the standards for such use as set forth in the requirements of this title. No existing parking may be counted as meeting this requirement unless it exceeds the requirement for the original structure, and then only that excess portion may be counted. iv. A parking space shall be an area for the parking of a motor vehicle plus those additional areas required to provide for safe ingress and egress from said space. The area set aside to meet these provisions must be usable and accessible for off-street parking.
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v. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space or carport, in any residential district with the exception of the R-A district.
vi. No recreation vehicle, motor home, travel trailer, truck camper or camping trailer, boat or boat trailer, shall be stored on a lot in any R zone, with the exception of the R-A district, except in a rear yard enclosed by a solid wall or fence not more than six feet in height or in an entirely enclosed area. Said vehicle shall not be used for human habitation during storage. For purposes of interpretation, storage shall mean the keeping for a continuous period of more than seventy-two (72) hours on a residential lot without movement of said travel trailer, truck camper or camping trailer, boat or boat trailer. The city shall use discretion when making exceptions to storage area.
b. Residential Parking Standards.
i. General. The parking spaces required for residential uses shall be located on the same lot with the main building which they are intended to serve and shall be located to the rear of the required front yard. They shall be maintained in a usable condition and without impediment to access by nonvehicular property.
ii. Single-Family Dwellings and One-Family Mobile Homes. There shall be one parking space in a garage or carport for each single-family dwelling or one-family mobile home. iii. Duplexes. There shall be one parking space in a garage or carport for each dwelling unit; when there are two dwelling units on a single lot there shall be one and one-half parking spaces for each dwelling unit, one of which shall be in a carport or garage. In the event that a requirement for one-half parking space results under this ratio, the parking space requirement shall be increased to the next highest whole number. c. Nonresidential Requirements. For buildings or structures other than dwellings and for uses involving large concentrations of people, parking areas or spaces shall, unless otherwise provided by this code, be on the same lot with the main building, or on lots immediately contiguous thereto in the same district therewith and available for use by the occupants in the following ratios for specific types of use. Combinations of facilities shall provide the area or number of spaces required for each facility, and the area or spaces provided for one facility shall not be construed as satisfying the requirements for another facility; provided, that, in the event that there is a general parking area or parking space requirement in the particular zoning district relating to the floor area of buildings therein, and the approving entity determines that all of the spaces, areas and buildings are constructed or to be constructed pursuant to an integrated site plan, it may, consistent with the purposes and intent of this title, determine whether or not the general requirement of the zone, or the specific requirements hereinafter enumerated shall apply.
d. Exception. The parking area or space requirements imposed by the provisions of this subsection shall not apply upon a change of occupancy for any building or structure which was constructed before March 23, 1965, provided that the parking area or space existing immediately before a change of occupancy is not reduced.
i. For bowling alleys and similar establishments, there shall be at least five parking spaces for each alley and two spaces for each billiard table contained therein. ii. For churches, stadiums, theaters, libraries, auditoriums, museums, meeting halls, gymnasiums and similar places of assembly, there shall be at least one parking space for every forty (40) square feet of area within the main auditorium or meeting hall, whichever provides the greater number of spaces. In cases of a use without a building, there shall be Created: 2023-08-15 15:51:12 [EST]
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one parking space for each five persons normally attending or using the facilities, plus one parking space for every two permanent employees.
iii. For coin-operated vending machines having more than one hundred (100) cubic feet located outdoors, there shall be at least two parking spaces provided for each such machine.
iv. For convalescent homes, homes for the aged, nursing homes and children's homes, there shall be one parking space for each two and one-half beds or fraction thereof. v. For skating rinks, natatoriums and similar establishments, there shall be one parking space for each one hundred (100) square feet of gross floor area. vi. For establishments for the sale and consumption on the premises of food and beverages:
(A) Having less than one thousand (1,000) square feet of gross floor area there shall be one parking space for each one hundred (100) square feet. (B) Having less than four thousand (4,000) square feet of gross floor area, there shall be one parking space for each one hundred (100) square feet. (C) Having more than four thousand (4,000) square feet of gross floor area, there shall be forty (40) parking spaces plus one for each fifty (50) square feet in excess of four thousand (4,000) square feet.
vii. For furniture stores in C-2 and C-3 districts, there shall be two square feet of off-street parking area for each square foot of floor area. If at any time the premises are used for other than a furniture store, the parking requirements for such other use shall be met before such use is commenced. In all other districts in which furniture stores are permitted, the parking requirements specified therein shall apply. viii. For hospitals, sanitariums and asylums, there shall be at least one parking space for every two beds or one space for every one thousand (1,000) square feet of gross floor area, whichever provides the greater number, plus one space for every three employees. ix. For hotels, tourist courts, motels, apartment hotels and multiple-family dwellings, there shall be one parking space for every individual sleeping room or unit. In cases where large units may be subdivided into smaller units for individual use, there shall be one space for each of the smaller units.
x. For housing for the elderly, there shall be one parking space for every three dwelling units or portions thereof, when such use is authorized by conditional use permit. If at any time the premises are used for other than housing for the elderly, the parking requirements for such other use shall be met before such use is commenced. xi. For machinery sales and wholesale stores, there shall be one parking space for each eight hundred (800) square feet of gross floor area.
xii. For motor vehicle sales and automotive repair shops, there shall be one parking space for each four hundred (400) square feet of gross floor area. xiii. For mortuaries, funeral homes and similar establishments, there shall be one parking space for each twenty (20) square feet of floor area of assembly rooms, plus one space for each car owned by such establishment.
xiv. For park and recreational uses, there shall be one parking space for each five thousand (5,000) square feet of active recreational area within a park or playground.
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xv. For public utility facilities such as communications equipment buildings, electrical substations and the like, the following standards shall apply:
(A) For facilities open to the public, there shall be three square feet of parking area for every one square foot of gross floor area or fraction thereof, said parking area to be within three hundred (300) feet of the property served. (B) For facilities not open to the public, there shall be one parking space for each two employees. This shall apply to the maximum number of employees on duty at any one time.
(C) For facilities wherein there are areas open and not open to the public, the parking ratios in subsection (A)(9)(d)(xv)(A) and (B) of this section shall be used as a basis for determining the respective amount of parking areas to be provided.
xvi. For a recreational slide, there shall be four parking spaces for each slide lane of the slide. xvii. For rooming houses, lodging houses, clubs and fraternity and sorority houses, there shall be one parking space for each person which the building was or is designed or intended to house as a sleeping guest or member or employee.
xviii. For schools, both public and private, the following standards when relative to public schools shall be advisory only:
(A) Elementary and junior high. There shall be one parking space for each member of the faculty and each employee.
(B) High schools. There shall be one parking space for each member of the faculty and each employee, plus one space for each eight students regularly enrolled. (C) Junior colleges, colleges and universities. There shall be one parking space for each two members of the faculty and employee, plus one space for each two full-time or equivalent regularly enrolled students.
(D) Schools having auditoriums or places of assembly. The provisions of subsection (A)(9)(d)(ii) of this section shall apply, if such application will provide a greater number of spaces than subsection (A)(9)(d)(xviii) ((A)), ((B)) or ((C)) of this section. Said required parking spaces shall be within the school property or on a parking lot contiguous thereto.
(E) Day nurseries, nursery schools and child care nurseries. There shall be one parking space for each member of the faculty, each employee and the owner. xix. For small animal veterinary hospitals and clinics, there shall be provided four parking spaces for each doctor in any building or structure, plus one space per each employee. xx. For transportation facilities, requirements shall be as follows: for airports, railroad passenger stations, bus depots or other passenger terminal facilities, such parking spaces and location of such spaces as the planning commission shall deem to be adequate for employees, for the loading and unloading of passengers and for spectators, visitors and others.
xxi. For social facilities, the following standards shall apply:
(A) Indoor-only facilities shall provide one parking space for each one hundred (100) square feet of gross floor area dedicated to assembly.
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(B) Outdoor-only facilities shall provide one parking space for each fifty (50) square feet of outdoor area dedicated to assembly.
(C) Facilities providing a combination of indoor and outdoor assembly areas shall provide one parking space for each one hundred (100) square feet of indoor floor area dedicated to assembly and one parking space for each (50) square feet of outdoor area dedicated assembly.
e. Treatment of Parking Areas. Every parcel of land used for the parking or loading of motor vehicles, or motor vehicle sales, shall be improved and maintained as required in this subsection (A)(9)(e):
i. All areas shall be graded, surfaced and drained; and parking stalls, lanes and directional guides shall be marked in accordance with the standards adopted by the commission under the procedure set forth in this title.
ii. Where such area adjoins a residential or agricultural district it shall be separated therefrom by a solid masonry wall not less than five feet nor more than six feet in height, provided said wall shall not exceed three feet in height where it is in the front yard area of an abutting residential district. Where no wall is required along a boundary of an area covered by this subsection, there shall be a concrete curb or timber barrier not less than six inches in height securely installed and maintained as a safeguard to abutting property or public right-of-way. The barrier shall be not less than three feet from any property line on the subject property.
iii. Where such areas adjoin a residential district, there shall be a border of appropriate landscaping not less than ten feet in depth, along the residential street frontage, to protect the character of the adjoining residential property. Such landscaping shall be maintained by the applicant. No building shall be erected nor shall any property be used unless a site plan of the development has been approved pursuant to the provisions of Section 17.08.090 of this code.
iv. Lighting where provided to illuminate such parking, sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the department of public works.
v. No required parking space shall be so located as to require the moving of any vehicle on the premises in order to enter or leave any other stall. The preceding sentence need not apply in the event that a parking facility has an attendant present at all times during the use of said facility.
vi. Automobile parking so arranged as to require the backing out of motor vehicles from a parking space, garage or other structure onto a major or secondary street as designated on the circulation element of the city shall be prohibited when either or both of the following conditions exist:
(A) The property is adjacent and contiguous to a public alley; (B) The width of the lot or the nature of the design of the existing or proposed structures is such that vehicles leaving the property may do so by moving in a forward direction with relation to the street.
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shall have ready vehicular access. The location of off-site parking areas shall be noted by an appropriate sign located both at the parking generator and at the parking facility. viii. All access to individual parking spaces on a lot or portion of a lot designated for parking shall be from said lot or portion of a lot or from a public alley. ix. In no case shall parking spaces be so arranged that ingress or egress from a parking space requires backing into a public or private pedestrian access way. f. Agreements Regarding Maintenance of Off-Site Parking Spaces. When parking is to be provided off the regularly subdivided lot on which the structure or uses, or some portion thereof, is located, the owner or lessee of record of the development or use site shall furnish satisfactory evidence to the city that he owns or has available sufficient property to provide the minimum offstreet parking required by this title. Whether parking is to be provided on property owned by the applicant or is in another ownership, there shall have been recorded in the office of the county recorder, prior to the issuance of any building permit, a covenant executed by the owners of such property for the benefit of the city in a form approved by the city attorney to the effect that the owners will continue to maintain such parking space so long as such structure, improvement or use exists. Such covenant shall also recite that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the structure is to be erected or the use maintained, and shall warrant that such lots are not and will not be made subject to any other covenant or contract for such use without the prior written consent of the city. In the event the owners of such structure should thereafter provide parking space equal in area within the distance allowed by this title and under the same conditions as to ownership upon another lot than the premises made subservient in a prior such covenant, the city will, upon written application therefor accompanied by the filing of a similar covenant, release such original subservient premises from such prior covenant, and the owners shall furnish at their own expense such title reports or other evidence as the city may require to insure compliance with the provisions of this subsection.
g. Parking Space Standards.
i. Automobile parking spaces shall have the dimensions established by the commission by standards adopted under subsection (A)(9)(g)(iii) of this section. In the absence of such standards, or whenever such standards are not applicable, the parking space shall have a minimum dimension of nine by twenty (20) feet.
ii. Where automobile parking spaces are to be grouped as a common facility, the individual spaces plus such additional area as is necessary to afford adequate access thereto shall total not less than three hundred and seventy (370) square feet per space. When access to the spaces or a portion thereof is afforded from a public street or alley, only an area necessary to accommodate such spaces need be provided, without additional area for access. This standard may be varied expressly or by the requirement of conflicting or restricting requirements in this code or under standards adopted by the commission under subsection (A)(9)(g)(iii) of this section.
iii. After notice thereof by one publication in a newspaper of general circulation at least ten days before the hearing, and a public hearing hereon, the commission may adopt parking space standards which the commission deems necessary or desirable to provide for the safe and commodious parking of vehicles. Such standards may include, but are not limited to, the width and length of parking spaces, the location and arrangement of parking, striping and marking, wheel stops, pavement standards, landscaping, ingress and egress, lighting and loading space requirements.
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10. Access. Vehicle and pedestrian access shall be provided according to the regulations pertaining to each district.
11. Outdoor Advertising.
a. General Provisions. Signs, billboards and advertising structures may be erected and maintained in any district where such use is permitted, except where restricted by this code, subject to the following conditions:
i. Signs may be painted upon the surface of a building; provided, however, that when such sign is so located as to face a residential district the sign and the method of lighting the sign, if any, shall be approved by the city manager.
ii. Vertical Signs.
(A) Any projection wall sign with its advertising surface at or approximately at right angles to a wall facing a street shall be deemed to be a vertical sign and shall not exceed twenty-four (24) inches in thickness. Any V-shaped projecting sign shall also be deemed to be a vertical sign, and shall not exceed twenty-four (24) inches in thickness at its farthest projection from the building, nor four feet in thickness at the face of the building. "Thickness," for purposes of this requirement, is the distance between the two faces of the sign. (B) When the bottom of a sign is more than eight feet but less than ten feet above the ground, the projection over the property line abutting the street line shall not exceed one foot. When the bottom of the sign is more than ten feet but less than twelve (12) feet above the ground, the projection shall not exceed two feet six inches. When the bottom of the sign is more than twelve (12) feet but less than fourteen (14) feet above the ground, the projection shall not exceed three feet. When the bottom of the sign is more than fourteen (14) feet but less than sixteen (16) feet above the ground, the projection shall not exceed four feet. When the bottom of the sign is sixteen (16) feet or more above the ground, the projection shall not exceed five feet. iii. Flat Signs. Signs painted or mounted on the face, side or rear of building shall not exceed a total amount of two times the area permitted for vertical signs. Not more than one hundred fifty (150) square feet of total sign area shall be permitted on any one building wall.
iv. Signs may be placed on the outer faces of a marquee if they are made part thereof and do not exceed the limitations of marquees in this code. No sign shall be hung from the underside of a marquee unless it meets the minimum height limitations applicable to a marquee. No signs shall be placed on the roof of a marquee. All wall or projecting signs placed above a marquee shall comply with the requirements for such signs as if no marquee existed.
b. All signs shall conform with the regulations for signs and advertising structures for the district in which they are located.
c. All signs in or adjacent to R districts shall be nonflashing and nonanimated. d. All signs shall meet the height and setback requirements of the district in which they are located. e. The area of a sign shall be calculated by multiplying its maximum vertical dimension by its maximum horizontal dimension.
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f. Whenever the area of any sign is limited by this title, a double-faced sign may be erected having the allowed sign area on each side of the sign; provided, the maximum dimension between the two faces of the double-faced sign shall not exceed twenty-four (24) inches or ten percent of the maximum dimension of the face of the sign, whichever is the lesser. g. Temporary signs may be permitted in a non-residential district for a maximum of thirty (30) days, subject to the following regulations:
i. A sign permit is obtained from the planning department prior to the installation of such a sign, via a completed sign application, and a graphical color rendering of the sign. ii. The content of such a sign contains no more than the name, address, phone number, website, hours of operation, logo of the business, and nature of the event. iii. It is composed of a wood, plastic, banner, flag or similarly durable material. iv. The size of such a sign is no more than fifty (50) square feet. v. Only one such sign is allowed per street frontage, per business.
12. Loading Space Requirements.
a. Every hospital, institution, hotel, commercial building, industrial building or apartment building hereafter erected or established shall provide and maintain loading spaces as provided in this subsection.
i. When the lot upon which the loading spaces are located abuts upon any alley, such loading space shall adjoin or have access from said alley.
ii. A loading space may occupy a rear or side yard, except such portion required to be landscaped.
iii. In no case shall any part of an alley or street be used for providing required loading space. iv. Where the loading area has access from a street, such access way shall conform to the city standard specifications as adopted or amended.
v. Loading spaces shall be not less than twelve (12) feet in width and forty (40) feet in length and shall have fourteen (14) feet of vertical clearance. vi. Loading spaces being maintained in connection with any main building existing on October 26, 1971, shall thereafter be maintained so long as said building remains, unless an equivalent number of such spaces are provided on a contiguous lot or elsewhere on the same lot, in conformity with the requirements of this subsection; provided, however, that this regulation shall not require the maintenance of more loading space than is hereby required for a new building, nor the maintenance of such space for any type of main building other than those specified.
vii. No loading space which is provided for the purpose of complying with the provisions of this title shall hereafter be relinquished or reduced in any manner below the requirements established in this code, unless equivalent facilities are provided elsewhere, the equivalency of which is determined by the city manager. viii. Where a commercial or industrial loading area is adjacent to a residential district, loading shall be done only between the hours of eight a.m. and six p.m.; unless the loading area is located not less than one hundred (100) feet from such district or is completely enclosed. b. For nonresidential uses, the following off-street loading spaces shall be provided:
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Total Square Feet of
Building Space
(Gross Floor Area)
Loading
Spaces
Required
i. Sanitariums, hospitals and similar institutions:
0 — 3,000 0
3,001 — 20,000 1
20,001 — 50,000 2
50,001 — 80,000 3
80,001 — 110,000 4
110,001 and over 5
ii. Hotels and office buildings:
0 — 5,000 0
5,001 — 50,000 1
50,001 — 100,000 2
100,001 and over 3
iii. Other commercial buildings or uses:
0 — 3,500 0
3,501 — 15,000 1
15,001 — 45,000 2
45,001 — 75,000 3
75,001 — 105,000 4
105,001 and over 5
iv. For industrial buildings or uses enumerated in industrial M districts:
0 — 3,500 0
3,501 — 40,000 1
40,001 — 80,000 2
80,001 — 120,000 3
120,001 — 160,000 4
160,001 and over 5
(Amended during 1995 codification; prior code § 13.21.008) (Ord. No. 14-02, §§ 23—29, 32, 2-11-2014; Ord. No. 14-05, §§ 15, 16, 9-9-2014; Ord. No. 17-04, § 2, 4-25-2017)
17.88.020 Boarding and rooming house uses prohibited in single-family residential districts.
A. No person shall operate or permit the operation of a boarding or rooming house use in any single-family residential district in the city without a conditional use permit (CUP) for such use.
B. For purposes of this title, a "boarding or rooming house use" means the rental or leasing of space within a residential building for sleeping and/or other lodging purposes, to three or more persons:
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1. Each of whom pays compensation independent of the payment of compensation by the other paying occupant(s) of the premises; and
2. The paying occupants of the premises share the use of common areas, including one or more of the following: living room(s), bedroom(s), hallway(s), kitchen area(s), bathroom(s) and exterior entrance(s);
3. Board or rooming houses do not include rest homes.
C. Each day that the boarding or rooming house use operates without a CUP shall constitute a separate violation of this section.
D. Violation of this section is a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation and imprisonment in the county jail for a period not to exceed six months, or both.
(Prior code § 13.21.013)
17.88.025 Emergency shelters.
In addition to the development standards of the underlying zone district, emergency shelters shall be subject to the standards set forth in this section. In the event of conflict between this section and the underlying zone district standards, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of or the development standards applicable to a religious facility as otherwise provided in this code.
A. Licensing Compliance. An emergency shelter shall comply at all times with any and all local, state, and federal licensing as required for any program incidental to the shelter.
B. Physical Characteristics. Emergency shelters shall:
1. Comply with applicable housing and building code requirements.
2. Have onsite security during all hours when the facility is open at a minimum ratio of one licensed security guard per twenty (20) persons, or portion thereof, utilizing the facility.
3. Provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall be deflected away from nearby or abutting residential uses and public rights-of-way.
4. Provide secure areas for personal property.
C. Number of Beds. The number of beds provided at an emergency shelter, and the corresponding number of persons served simultaneously, shall not exceed forty (40).
D. Term of Stay. The maximum term that a particular person may stay at an emergency shelter shall not exceed an aggregate of six months within any consecutive twelve (12) month period.
E. Parking. Emergency shelters shall provide onsite parking at rate of two spaces per facility for staff plus one space per six beds or portion thereof.
F. Management Plan. A management plan is required as part of the application for an emergency shelter.
The plan shall address management experience, good neighbor issues, transportation, client supervision, client services, and food services, and shall include a floor plan and site plan to demonstrate compliance with the physical requirements of this section. In the event that any changes to the operation or the physical facility are proposed, the operator shall submit a revised management plan to the city planner for review and consideration. The city council may establish a fee by resolution to cover the administrative review costs associated with review of the management plan. (Ord. No. 15-08, § 3, 7-14-2015)
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17.88.030 Other development controls.
A. No outdoor storage of any material (usable or waste) shall be permitted in any zone district except within completely enclosed metal or plastic containers.
B. No motor vehicle which is inoperable or trailer which is usable or unusable shall be stored or used for storage of any items therein on any lot or parcel of ground in any zone unless it is within a completely enclosed building.
C. Storage of any material found to be unrelated to permitted uses of a specific zone district shall not be allowed as determined by the city planning commission.
D. Property, as designated and noticed by the city, to be in need of weed abatement, shall be cleared by the property owner within seven days of such notice. Failure to clear the property will waive the property owner of his/her right not to allow the city crew to clear the property of weeds and will allow the city to post a lien on the property for costs incurred by the city to abate the problem.
E. Failure to comply with any item as identified in subsections A through C of this section within thirty (30) days, shall cause the city to initiate court proceedings and require that a penalty fee of five hundred dollars ($500.00) be paid to the finance director of the city.
(Prior code § 13.21.010)
Chapter 17.90 RECYCLING FACILITIES
17.90.010 Purpose.
The purpose of this chapter is to encourage, and to provide procedures for, the establishment of recyclable materials collection and processing facilities. These centers may be established as standalone redemption or processing facilities, or may operate in conjunction with a supermarket pursuant to the provisions of this chapter. (Ord. No. 12-05, § 3, 4-24-2012)
17.90.020 Permitted locations.
Recycling facilities may be permitted or conditionally permitted, dependent upon their classification, as described herein. Standards of application and review are determined by both the classification of the facility and the zoning district in which it is proposed to be located.
A. Reverse Vending Machines. Permitted in all commercial and manufacturing districts subject to the provisions of Section 17.08.110.
B. Collection Facilities, Small.
1. Permitted in all manufacturing districts subject to the provisions of Section 17.08.110.
2. Permitted in the C-2 and C-3 districts subject to the provisions of Section 17.08.090.
C. Collection Facilities, Large.
1. Permitted in all manufacturing districts subject to the provisions of Section 17.08.090.
2. Conditionally permitted in the C-2 and C-3 districts subject to the provisions of Section 17.08.050.
D. Processing Facilities, Light.
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1. Conditionally permitted in all commercial districts subject to the provisions of Section 17.08.050
2. Conditionally permitted in the M-1 district subject to the provisions of Section 17.08.050.
3. Permitted in the M-2 district subject to the provisions of Section 17.08.090.
E. Processing Facilities, Heavy. Conditionally permitted in all manufacturing districts subject to the provisions of Section 17.08.050.
(Ord. No. 12-05, § 3, 4-24-2012)
17.90.030 Number of facilities permitted.
A. Reverse Vending Machines—Freestanding. No limitation.
B. Collection Facilities and Processing Facilities.
1. Within commercial districts, the combined number of collection facilities and processing facilities shall not exceed one per three thousand (3,000) residents, or portion thereof, in the city. For the purposes of this section, population shall be based upon the most recent California Department of Finance estimate.
2. Within manufacturing districts, no limitation.
(Ord. No. 12-05, § 3, 4-24-2012)
17.90.040 Procedure.
For the purposes of this chapter, "city manager" shall mean the city manager of the city of Mendota or his/her designee.
A. Filing. An application for a recycling facility shall be submitted to the city manager. For rental property, the property owner or property manager shall provide written authorization for the proposed use at the time of application submittal.
B. Type of Application. Applications for recycling facilities shall correspond to the required type of application pursuant to Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.
C. Review. Review and processing procedures for recycling facilities shall correspond to the required review and processing procedures pursuant to Section 17.08.050, Section 17.08.090, or Section
17.08.110, respectively.
D. Public Notice. Public notice procedures for recycling facilities shall correspond to the required public noticing pursuant to Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.
E. Fees. Fees for the review and processing of recycling facilities shall correspond to the fees required pursuant to the procedures contained within Section 17.08.050, Section 17.08.090, or Section
17.08.110, respectively.
F. Approval or Denial. The approval or denial of an application for recycling facilities shall correspond to the procedures contained within Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.
G. Appeal of Decision. The appeal process for an application for a recycling facility that is denied shall correspond to the appropriate procedure pursuant to Section 17.08.050, Section 17.08.090, or Section
17.08.110, respectively.
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H. Business License Required. Following approval of a recycling facility, but prior to initiation of the use, the applicant shall have applied for and received a business license from the city of Mendota for operation of said use pursuant to Title 5 of this code. (Ord. No. 12-05, § 3, 4-24-2012)
17.90.050 Operating standards for recycling facilities.
A. For uses occupying a structure, such uses shall comply with Title 15 of this code.
B. Any activities beyond collection including, but not limited to, sorting, storage, and/or processing of materials, shall be within an entirely enclosed structure, excepting the use of reverse vending machines that are themselves entirely enclosed.
C. A site used for the operation of a recycling facility shall be maintained by the operator and shall be kept free of debris and other material consistent with the provisions of Chapters 8.16, 8.20, 8.24, and 8.28 of this code.
D. Development standards. A recycling facility shall comply with the property development standards of the zoning district in which it is located. The provisions of Chapter 17.88 shall apply.
E. Other operating standards and conditions of approval as may be applied during the review and approval process and that are determined to be necessary for the protection of the public health, safety, or general welfare.
(Ord. No. 12-05, § 3, 4-24-2012)
17.90.060 Enforcement.
A. Inspections. All operators of recycling facilities shall allow any city inspector or enforcement officer onto the premises to conduct inspections at any time during the facility's normal business hours, and shall make available any and all documents related to the operation of the facility.
B. Notice of violation. If, after an inspection, the city inspector or officer finds that the operator has violated the conditions of approval or other requirements under this code, and the violation is determined to be correctable, the city may issue a notice of violation. Such notice shall advise the operator of the violation(s), possible remedies, and a date for compliance.
C. Abatement, suspension and revocation.
1. Abatement. If, after issuing a notice of violation, the city inspector or officer determines that the violations indicated within said letter have not been corrected by the date indicated, the city may initiate abatement proceedings pursuant to Section 8.28.050.
2. Suspension. If, after issuing a notice of violation, the city inspector or officer determines that the violations indicated within said letter have not been corrected by the date indicated, the city may suspend or limit the operation of the subject facility. The city shall notify the operator in writing, the effective date(s) of the suspension or limitation, the reason(s) for suspension or limitation, the activities that may and may not be conducted during limitation, and corrective steps necessary for reinstatement of permission to operate the facility normally.
3. Revocation. If, after issuing a notice of violation, the city inspector or officer determines that the violations indicated within said letter have not been corrected by the date indicated, the city may initiate revocation proceedings pursuant to the provisions of Section 17.08.050.
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