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4. Sales Office and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments are subject to the following requirements.
a. Time Limits.
i. Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of development, whichever occurs first.
ii. Model Homes. Model homes established and operation for a term period of four years or until completion of the sale of the lots or units, whichever comes first.
b. Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.
5. Live Music. Temporary live music performances that do not require a Temporary Use Permit (see Section 17.100.080, Temporary Use Permit) include:
a. Non-amplified music performances, indoor or outdoor. b. Indoor amplified music performances accessory to a commercial use, provided the temporary use complies with the Performance Standards of Section 17.76, Performance Standards.
6. Mobile Vendor Services. Mobile vendor services as described in Section 17.84.240, Manufactured Home Parks, RV/Trailer Parks, and Manufactured Buildings are exempt from the requirements of this Section.
7. Special Events Exempt . Special events, as defined and regulated by Woodland Municipal Code Chapter 12.40.010, Special Events, are exempt from the requirements of this Section.
B. Temporary Uses Requiring a T emporary Use Permit. The following temporary uses may be permitted pursuant to Section 17.100.080, Temporary Use Permit, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process.
1. Seasonal Sales . The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards:
a. Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31.
b. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.
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c. The property shall not be used in such a manner as to create a nuisance due to noise, dust, litter, or other factors.
d. The City reserves the right to shut down a temporary seasonal sales operation if the operation is posing safety concerns, has become a nuisance, or has violated any requirements of this Subsection . All costs associated with the removal and/or abatement shall be paid for by the property owner.
2. Construction Uses. Temporary structures and uses incidental to the construction of a building or a group of buildings, including , but not limited to , construction staging of materials and equipment that is not located on the approved development site.
3. Promotional Sales and Other Events. These are events that do not qualify as a Special Event requiring review by the Special Events Committee pursuant to Woodland Municipal Code Chapter 12.40 , Special Events. Temporary short term special events shall not exceed a total of seven days in any one calendar year may be permitted in accordance with the following standards:
a. Location. Events are limited to non-residential zones. b. Number of Events. No more than four events at one site shall be allowed within any 12-month period.
c. Parking. The available parking shall not be reduced to less than 66 percent of the minimum number of spaces required by Chapter 17.68, Parking and Loading.
d. Time Limit. When located adjacent to a Residential zone, the hours of operation shall be limited to 9:00 AM to 8:00 PM.
e. Temporary Outdoor Sales. Temporary outdoor sales, including, but not limited to, grand opening events, and other special sales events, are also subject to the following standards:
i. Temporary outdoor sales shall be part of an exi sting business on the same site.
ii. Outdoor display and sales shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated. iii. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle of pedestrian traffic.
4. Temporary Prefabricated Storage, Shipping or Cargo Containers. Containers may be allowed on a temporary basis in non-residential areas for longer than 96 hours , but no longer than 90 days, for construction related purposes subject to Development Review Tier 1 (see Section 17.100.050, Development Review Tier 1: Minor) , for review
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of placement, and a Temporary Use Permit (see Section 17.100.080, Temporary Use Permit), subject to the following provisions.
a. Containers must be removed upon the project completion. b. Anticipated time frame for removal of the containers must be provided and approved by Director . An extension of duration may be permitted by the Director subject to conditions of approval.
c. No stacking of containers is allowed.
d. Containers must be placed on priva te property and shall in no way obstruct the public right of way or visibility.
e. Containers shall be accessible for periodic fire/life safety inspection. Each container requires additional ground area in the parcel, adjacent to the container, equal or greater than one-half the area of corresponding container. f. Containers must comply with the Building Code.
5. Temporary Uses Related to Recycling. In Commercial and M ixed-Use zones, temporary uses related to recycling, including donation boxes, require approval of the Director. Recycling uses are also subject to the requirements of Section 17.84. 310, Recycling Facilities.
6. Temporary and Transitional Container Uses.
Uses such as coffee kiosks, shipping container eateries/ beer gardens, and other low barrier entry, transitional and temporary uses may be considered subject to a Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) and a Development Review Tier 3 Permit (see Section 17.100.070, Development Review Tier 3). The Director may elevate the application to the Planning Commission if the Director finds the proposal warrants public review.
a. Such uses are intended to activate underutiliz ed parcels as more permanent projects are completed over time.
b. Such uses are subject to the standards of Subsection 17.84.240.D, Commercial Modular Buildings.
c. Transitional temporary uses must adhere to all development and design standards of the base zon e and all Building, Fire and Health Code requirements.
7. Temporary Uses Requiring a Zoning Administrator Permit. The Zoning Administrator may consider uses on a temporary basis that are not specifically listed in the use table.
Other temporary uses may be a llowed with the approval of a Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) provided they are not intended to extend longer than six months and they are determined to not impact neighboring uses or otherwise create significant impact. The Director may elevate any temporary use application to the Planning Commission if the Director finds the proposal warrants public review.
C. Performance and Review Standards. The following apply to all temporary uses:
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1. Approval of a business license, Zoning Clearance (see Section 17.100.030, Zoning Clearance), and any permits as required by this or any other Section of this Code.
2. Written permission of the owner and/or operator of the property.
3. Time frame for the temporary use, event start, hours of operation, and event end.
4. Submittal of a site plan to identify the location of the proposed temporary use and any activities or storage or display of goods, parking, access.
5. Signage proposed in compliance with Chapter 17.72, Signs.
6. The temporary use shall not interfere with driveways, corner sight requirements or sidewalk access.
7. Goods shall be displayed in a neat and orderly fashion.
8. Temporary uses shall not create a nuisance, excessive noise, glare, odor, particulates, or impacts to public health and safety that would negatively affect adjacent properties and uses.
9. Evidence of the temporary use shall be cleaned and removed by close of business on the last day the approved license is valid.
10. Conditions of Approval as necessary related to si ze, location, hours of operation, etc., to ensure that a temporary use will not conflict with General Plan policies.
17.84.380 Two-Unit Projects
A. Purpose. The purpose of this Section is to allow and appropriately regulate two-unit projects in accordance with California Government Code § 65852.21.
B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this Section.
C. Application.
1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
2. An application for a two-unit project must be submitted on the City’s approved form.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Code, in accordance with applicable law. The City Council
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may establish and change the fee by resolution. The fee must be paid with the application.
D. Approval.
1. An application for a two -unit project is approved or denied ministerially, by the Director, without discretionary review.
2. The ministerial approval of a two -unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
E. Requirements. A two-unit project must satisfy each of the following requirements:
1. Map Act Compliance. The lot must have been legally subdivided.
2. Zone. The lot is in a single-family residential zone which includes:
a. R-L, N-P and R-LM zones; the R-3, R-4, and R-5 single-family residential zones in the Spring Lake Specific Plan; and the R-4 and R-5 single-family zones in the Southeast Area Specific Plan.
3. Lot Location.
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards. f. Within a 100-year flood hazard area, unless the site has either:
i. Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction ; or
ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of th e National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or oth er adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
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4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. No r may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.
5. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code § 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied b y a tenant in the last three years. The applicant and the owner of a property for which a two -unit project is sought must provide a notarized statement as to this fact with the application for the parcel map.
6. Quantity.
a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Section of the Code, an ADU, or a JADU. b. A lot that is not created by an urban lot split may have a two-unit project under this Section, plus any ADU or JADU that must be allowed under state law and the City’s ADU ordinance.
c. In no case shall there be more than four total units of any kind in total provided as a result of an urban lot split or on a lot that is not created by an urban lot split.
7. Unit Size.
a. Each primary dwelling built that is developed under this Section is limited to 800 square feet of floor area.
b. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.
c. A primary dwelling that was legally established prior to the two -unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
d. Exception. One or both primary dwelling units may be expanded if able to meet lot coverage and setback requirements as established in Chapter 17.24,
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Residential Zones, inclusive of all units and accessory structures on the property.
8. Height Restrictions.
a. On a lot that is larger than 2,000 square feet, a new primary dwelling may be 30 feet in height if the rear setback is 20 feet or the side setback is five feet, otherwise, no new primary dwelling unit may exceed 16 feet in height, measured from grade to peak, or tallest point, of the structure. b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds 16 feet in height as measured from grade to peak or tallest point, must be stepped back by an additional seven feet; no balcony deck or other portion of the second story may project into the step-back.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
9. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
10. Lot Coverage. Structures shall not cover more than 50 percent of the total lot area.
This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
11. Open Space. A minimum of 30 percent of the required rear yard shall be open space.
This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
12. Setbacks.
a. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
b. Dwellings must be at least four feet from the interior side and rear property lines.
c. Dwellings must be at least 15 feet from a corner street side setback. d. A front yard setback of at least 25 feet shall be maintained from the front of a new or existing dwelling unit to the required rear yard area of another dwelling unit.
e. Dwellings must be at least 25 feet from the front property lines. Except ions are as follows:
i. Front yard setbacks of 20 feet are permitted for houses where garages or carports are set back 25 feet. Front yard setbacks of 20 feet are allowed for garages equipped with roll up doors or carports.
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f. The front setback area must:
i. Provide adequate line of sight visibility from driveways, corners, and intersections;
ii. Be at least 50 percent landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and
iii. Allow for vehicular and fire-safety access to the front structure.
13. Parking. Each new primary dwelling unit must have at least one off -street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either:
i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours;
ii. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods; or
iii. A site that contains:
a) An existing rail or bus rapid transit station, or
b) A ferry terminal served by either a bus or rail transit service. b. The site is located within one block of a permanent car -share pick up or drop off vehicle location.
14. Accessibility. All dwellings and structures built or substantially remodeled on the lot must be ADA accessible. “Substantially remodeled” means that more than 10 percent of the existing floor area is the subject of a Building Permit (see Section 17.100.130, Building Permit) or that the existing floor area, including non -livable space, increases by more than 10 percent. Pedestrians shall have a clear path of travel a minimum of four feet wide and ADA compliant from the principal building en trances to the street.
15. Architecture. See Section 17.56.020, Single-Family and Duplex Design Standards,
16. Landscaping.
a. All required street front and street-facing side setbacks, except areas used for parking, exit and entry, shall be landscaped.
i. Required landscape areas shall be planted with a combination of ground covers, shrubs, vines, and trees. No more than 25 percent of the required landscaped area may be turf and shall not be used in areas less than 10 feet wide.
ii. Required landscape areas may include paved, gravel, or bark surfaces, provided they do not cover more than 30 percent of the required landscape area.
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iii. Garden area and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping. b. To the extent possible, existing mature trees on the site shall be preserved whenever it is possible and practical to do so. The project shall comply with the City’s Tree Preservation Ordinance.
c. A landscape plan shall be provided with each submittal and shall at minimum include:
i. Property lines and public utility easements; structures, streetlights, transformers, trash enclosures, utilities.
ii. Grading, including finished planter elevations, grade differentials with adjacent properties, retaining walls, on-site drainage features. iii. Proposed planting list including: botanical and common names, quantities of each species, container sizes, spread an d height of plant at maturity, rate of growth (fast, moderate, slow).
iv. Distance of trees to all structures. Large trees (40 -90 feet in height at maturity) shall not be planted closer than 15 -feet to any structure.
Medium sized trees (30 -40 feet in height at maturity) shall not be planted closer than 10 feet to any structure.
d. All landscaping must be drought-tolerant tolerant and shall be suitable for the local climate. All new landscaping shall comply with the City’s Water Conservation Ordinance, California M odel Water Efficient Landscape Ordinance, and the CalGreen Code.
e. Automated irrigation system shall be installed to provide coverage of all irrigated landscaped areas and shall have automatic rain shut-off valves. f. Deciduous shade trees are permitted around the east, west, and south sides of residences to help reduce cooling loads during summer and allow solar gain during the winter months.
g. Landscaping and/or architectural treatments shall be provided to screen views of service elements that include storage a reas, trash enclosures, mechanical equipment transformers, HVAC , and other similar elements. Screening shall either be landscaping a minimum of three feet high or architectural screens designed to match building features.
h. Pedestrian walkways and paths of travel shall not be combined with, or be part of driveways unless textures, patterns, and colors are provided to designate separate pedestrian paths.
i. There shall be a clear transition between the City sidewalk or public property, and the development propert y. This is to be achieved through changes in pavement textures, landscaping, and front fencing.
i. Fencing in the required front setback, or five feet from the corner side yard setback, shall not exceed three feet six inches, in compliance with
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Section 17. 64.030, Fences, Walls, and Hedges . Chain link fencing is prohibited.
j. When next to a side or rear property line of an adjacent property, a solid six - foot high wood or masonry fence shall be provided on the property line as a buffer.
k. Landscaping that is require d to help achieve screening of views into an adjacent property shall be planted along the rear or side property line to achieve a 75 percent summer opacity and 60 percent winter opacity within three years of planting. At minimum, four medium to large size shrubs at maturity shall be planted per 50 linear feet of buffer. Shrubs shall be a minimum five gallon in size.
l. All landscaping shall be installed prior to issuance of a C ertificate of Occupancy.
17. Nonconforming Conditions. A two -unit project may only be approved if all nonconforming zoning conditions are corrected, consistent with Section 17.80.040, Nonconforming Uses.
18. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
19. Building and Safety. All structures built on the lot must comply with all local Building Code requirements.
20. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
21. Regulation of Uses.
a. Residential Only. No nonresidential use is permitted on the lot. b. No Short Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
22. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot wit h a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
23. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
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i. Notice that construction has been authorized;
ii. The anticipated start and end dates for construction; iii. The hours of construction;
iv. Contact information for the project manager (for construction -related complaints); and
v. Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
24. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential use of the lot. c. Expressly requires the individual property owners to state that they intend to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile for at least three years from the date of approval by the City.
25. Specific Adverse Impacts.
a. Notwithstanding anything else in this Section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
b. “Specific adverse impact” has the same meaning as in Go vernment Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include: (a) inconsistency with th is Code or General Plan land use designation; or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code § 214(g).
c. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
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Flood Management
Sections:
17.88.010 Purpose ........................................................................................................................... III-247
17.88.020 Floodplain Area Map...................................................................................................... III-247
17.88.030 Flood Protection ............................................................................................................. III-247
17.88.040 Requirements ................................................................................................................. III-247
17.88.010 Purpose
The purpose of this Section is to provide protection against flood damage for uses and service facilities in designated flood prone areas by requiring proper design at the time of initial construction.
17.88.020 Floodplain Area Map
The Floodplain Area Map, provided in Chapter 17.16, Maps , identifies areas of the City subject to flooding.
17.88.030 Flood Protection
The flood protection required by this Section is based on sound engineering principles. The floodplain hazard areas are subject to flooding (one percent chance in any one year) which may result in flood losses by uses which are inadequately elevated or otherwise protected from flood damage. The regulatory provisions that follow reflect a reasonable attempt to analyze the flood hazard for specific lands. This does not imply, however, that all areas outside those designated as “FP” floodplain overlay zones will be free from flooding or flood damage.
17.88.040 Requirements
The following requirements shall apply in the Floodplain Area:
A. No Building Permit (see Section 17.100.130, Building Permit) or other entitlement shall be issued nor shall any structure be erected unless certification is provided to the Director from a registered professional engineer that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood zone more than one foot at any point within the community.
B. Residential structures shall have the lowest floor, including a basement, elevated to or a bove the base flood elevation as specified on the FIRM and Flood Insurance Study for the City.
C. Nonresidential structures shall meet the requirements set forth in Subsection 17.88.040.B or be adequately flood proofed below the base flood elevation. If flood proofing is proposed, a
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professional engineer shall provide to the Director calculations certifying that the hydrostatic forces, velocities, uplift, and the like, have been designed for.
D. No Building Permit (see Section 17.100.130, Building Permit) shall be issued unless satisfactory evidence has been provided to the City Engineer that new or replacement public and on -site utilities and facilities are located and constructed to minimize or eliminate flood dam age and infiltration.
E. No Building Permit (see Section 17.100.130, Building Permit) shall be issued unless satisfactory evidence is provided to the Director that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
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DIVISION IV: ADMINISTRATION AND PROCEDURES
Planning Authorities ................................ ................................ ..................... IV-2 Common Procedures ................................ ................................ .................... IV-6 Planning Permits and Approvals ................................ ............................... IV-19 Amendments to the General Plan ................................ ............................. IV-46 Amendments to the Zoning Map and Text ................................ ............... IV-49 Planned Development ................................ ................................ ................ IV-52 Precise Plans ................................ ................................ ................................ IV-54 Specific Plans ................................ ................................ ................................ IV-57 Reserved ................................ ................................ ................................ ....... IV-62 Enforcement ................................ ................................ ................................ IV-63 Reserved ................................ ................................ ................................ ....... IV-67
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Planning Authorities
Sections:
17.92.010 Purpose ........................................................................................................................... IV-2
17.92.020 Review Authorities (Updated) ...................................................................................... IV-2
17.92.010 Purpose
This Chapter identifies the bodies, officials, and administrators (i.e., Review Authorities) with designated responsibilities under various Chapters of the Zoning Code. Subsequent Chapters provide detailed information on procedures, application and permits. When carrying out their assigned duties and responsibilities, all bodies, officials, and administrators shall interpret and apply the provisions of this Code as minimum requirements adopted to implement the policies , and achieve the objectives , of the General Plan.
17.92.020 Review Authorities (Updated)
City Council. The City Council is established in accordance with the Woodland Municipal Code Chapter 2.04, City Council. The powers and duties of the City Council under this Zoning Code include, but are not limited to, the following:
1. Consider and adopt, reject, or modify amendments to the General Plan map and text pursuant to provisions of Chapter 17 .104, Amendments to the General Plan, and of the California Government Code, following a public hearing and recommended action by the Planning Commission.
2. Consider and adopt, reject, or modify amendments to the Zoning Map and text of this Code pursuant to the provisions of Chapter 17. 108, Amendments to the Zoning Map and Text , and the California Government Code, following a public hearing and a recommendation from the Planning Commission.
3. Hear and decide applications for Development Agreement s, pursuant to Section
17.100.180, Development Agreements.
4. Hear and decide on proposals to revoke permits, pursuant to Chapter 17.96 .150, Revocation of Permits.
5. Make environmental determinations on any approvals for w hich it has authority to grant that are subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to state law.
6. Hear and decide appeals from decisions of the Planning Commission pursuant to Section 17.96.160, Appeals.
7. Establish by resolution, a Planning Application Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Code.
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Planning Commission. The powers and duties of the Planning Commission are established in the Woodland Municipal Code Section 2.28.020, Planning Commission . The Planning Commission shall be the approval authority for planning permits identified in Table
17.100.020-1: Planning/Processes Permits and Review Authority. All discretionary decisions of the Planning Commission may be appealed to the City Council, in compliance Section
17.96.160, Appeals. The Planning Commission shall make recommendations on all legislative entitlement requests to the City Council. The powers and duties of the Planning Commission under this Code include, but are not limited to the following:
1. Conduct hearings and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 17 .104, Amendments to General Plan.
2. Conduct hearings and make recommendations to the City Council on proposed amendments to the Zoning Map and text of this Code, pursuant to Chapter 17 .108, Amendments to Zoning Map and Text, and the California Government Code.
3. Conduct hearings and make recommendations to the City Council on proposed Development Agreement s, pursuant to Section 17.100.180, Development Agreements.
4. Approve, conditionally approve, modify, or deny Conditional Use Permits and Variances, pursuant to Section 17.100.100, Conditional Use Permit and Section
17.100.120, Variance.
5. Hear and decide on modifications to approved Conditional Use Permits and Variances, pursuant to Section 17.96.140, Modifications to An Approved Permit.
6. Hear and decide on proposals to revoke permits, pursuant to Section 17.96.150, Revocation of Permits.
7. Hear and decide appeals from decisions of the Director or Zoning Administrator on decisions, determinations, or interpretations made in the enforcement of this Code and any other decisions that are subject to appeal, pursuant to Section 17.96.1 60, Appeals.
8. Make environmental determinations on any approvals it grants that are subject to environmental review under CEQA pursuant to state Law.
9. Review of the annual capital improvement program budget for conformity with the General Plan in compliance with California Government Code § 65401.
10. Conduct development review on any approvals it grants that are subject to development review pursuant to Section 17.100.040, The Development Review Process.
11. Undertake a comprehensive historic resources inventory and maintain a historic register.
12. Establish various criteria, guidelines, and standards to carry out the intent of the Woodland Municipal Code Chapter 15.24, Historical Landmarks, Districts and Resources.
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13. Recommend to the City Council the designation of historical landmarks and historical districts.
14. Participate in administrating regulations pertaining to historical la ndmarks and historical districts.
15. Recommend to the City Council ways to fund and to otherwise make financially feasible the protection of historical landmarks and historical districts in the City .
16. Recommend to the City Council the means to implement the hi storic preservation element of the General Plan and the Woodland Municipal Code Chapter 15.24, Historical Landmarks, Districts and Resources by developing information and programs to increase awareness of, preservation of, and use of historical landmarks and historical districts in the City.
17. Other duties and powers as assigned or directed by the City Council.
Community Development Director. The powers and duties of the Community Development Director (the “Director”) under this Code include, but are not limited to, the following:
1. Prepare the a nnual report related to the implementation of the General Plan in compliance with California Government Code § 65400.
2. Maintain and administer the Zoning Code , including processing of applications, abatements, and other enforcement actions.
3. Interpret the Zoning Code to members of the public and other City Departments.
4. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director’s business (e.g., scheduling, rules of procedure, and recordkeeping).
5. Issue administrative regulations for the submission and review of applications subject to the requirements of this Code and California Government Code § 65950, time periods for effective approval or disapproval of a project.
6. Review applications for permits and licenses for conformance with this Code and issue a Zoning Clearance when the proposed use, activity, or building is allowed by right and conforms to all applicable development an d use standard s pursuant to Section
17.100.030, Zoning Clearance.
7. Review applications for administrative/ministerial permits and approvals to ensure compliance with all appli cable development and use standards established in this Code.
8. Review applications for discretionary permits and approvals to determine whether the application is subject to review under the CEQA and notify the applicant if any additional information is necessary to conduct the review.
9. Make recommendations to the Planning Commission and City Council on all applications, amendments, appeals, and other matters upon which the Planning Commission and City Council have the authority and duty to act under this Code.
10. Conduct de velopment review pursuant to Section 17.100.040, The Development Review Process.
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11. Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Section 17.100.160, Reasonable Accommodation for Persons with Disabilities.
12. Serve as Staff to the Planning Commission.
13. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures.
14. Delegate administrative and discretionary functions to members of the Planning Division as deemed necessary.
15. Provide required notice of public hearings.
16. Serve as or designate a member of the Planning Division staff to serve as Zoning Administrator pursuant to Section 17.100.090, Zoning Administrator Permit.
17. Review and make determinations regarding nonconforming uses.
18. Decide requests for Minor Modifications to approved permits, pursuant to Section
17.96.140, Modification to An Approved Permit.
19. Make determinations on lot line adjustments and Certificates of Compliance.
20. Refer items to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action.
21. Other duties and powers as assigned by the City Council or established by legislation.
Zoning Administrator. The Zoning Administrator is a City staff member appointed by the Director with the following powers and duties.
1. Approve, modify , or deny appl ications for Zoning Administrator Permits and Variances, pursuant to Section 17.100.090, Zoning Administrator Permit and Section
17.100.120, Variance, including holding administrative public hearings.
2. Decide requests for modifications to an approved permit , pursuant to Section 17 .
96.140, Modifications to An Approved Permit.
3. Approve, modify, or deny requests for extensions for land use projects, pursuant to Section 17.96.130, Expiration and Extension.
4. Refer items to the Planning Commission where in the Zoning Administrator’s opinion, the public interest would be better served by a Planning Commission public hearing or action.
5. Provide required notice and conduct public hearings.
6. Other duties and powers as assigned by the Director.
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Common Procedures
Sections:
17.96.010 Purpose ........................................................................................................................... IV-6
17.96.020 Application Forms and Fees ......................................................................................... IV-6
17.96.030 Pre-Application Review ................................................................................................. IV-8
17.96.040 Determination of Similar Use ...................................................................................... IV-8
17.96.050 Review of Planning Applications .................................................................................. IV-9
17.96.060 Environmental Review ................................................................................................ IV-10
17.96.070 Neighborhood Meeting .............................................................................................. IV-10
17.96.080 Public Notice ................................................................................................................ IV-11
17.96.090 Conduct of Public Hearing.......................................................................................... IV-12
17.96.100 Findings and Decision ................................................................................................. IV-13
17.96.110 Scope of Approvals ...................................................................................................... IV-14
17.96.120 Authority to Apply Conditions of Approval .............................................................. IV-14
17.96.130 Expiration and Extension............................................................................................ IV-14
17.96.140 Modifications to An Approved Permit ...................................................................... IV-15
17.96.150 Revocation of Permits ................................................................................................. IV-16
17.96.160 Appeals ......................................................................................................................... IV-16
17.96.170 Certificates of Occupancy ........................................................................................... IV-17
17.96.010 Purpose
This Chapter establishes procedures that are common to the processing of all permits and approvals provided for in this Code, unless superseded by specific requirement of this Code or state law.
17.96.020 Application Forms and Fees
Applicant.
1. A development application may be submitted by the owner of the property or the owner’s authorized agent. If an application is submitted by someone other than the owner or the owner’s agent, written proof, satisfactory to the Director, of the right to act as the owner’s agent or to use and possess the property as applied for, shall accompany the application.
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2. Written proof of authorization (Letter of Agency) must be signed, dated, and notarized by the property owner and expressly state what the agent is authorized to do on behalf of the owner.
Planning Application Forms and Materials.
1. Planning Application Forms . The Director shall prepare and have on file with the Department the planning application forms and checklists that specify the information required to be submitted with all planning applications.
2. Supporting Materials and Information. The Director may require the submission of supporting materials and information as part of a planning application submittal, including, but not limited to , statements, photographs, plans, drawings, renderings, models, material samples , special studies, and other items necessary to describe existing conditions and the proposed project, to determine the level of environmental review pursuant to CEQA , and clearance as required pursuant to the Yolo Habitat Conservation/Natural Community Conservation Plan.
3. Availability of Application Materials. All application materials submitted to the City shall become the property of the City, may be distributed to the public , and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine a planning application and materials submitted in support of , or in opposition to , an application in the Plann ing Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
Multiple Applications.
1. Concurrent Filing. Unless otherwise approved by the Director, a n applicant for a project which requires more than one planning permit (e.g., a Conditional Use Permit and Development Review) and/or legislative entitlement ( e.g., a General Plan amendment or an amendment to the Zoning Map or Code text ) shall file all rel ated applications concurrently together with all application fees.
2. Concurrent Processing. Multiple planning permits and or legislative entitlements for the same project shall be processed concurrently and shall be approved by the highest Review Authority for any of the permits or legislative entitlements, with the lower Review Authority making a recommendation.
Application Fees.
1. Fee Schedule. The City Council shall establish by resolution a Planning Application Permit Fee Schedule that establishes fees for planning permits, informational materials, penalties , copying, and other customary services. The City shall also establish the ability for payment of fees through an advanced funding deposit cost recovery method for those project s that may be more complex, involve outside consultant work, or require additional staff or City attorney time. The initial deposit and minimum balance will be based upon anticipated work and/ or estimated consultant costs.
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2. Fee Payment. No a pplication or co venant shall be accepted as complete and processed without payment in full of the required application fees or deposits.
3. Multiple Applications. The City’s processing fees are cumulative. For example, if an application for a Conditional Use Permit also inc ludes a Development Review, both fees shall be charged. Cost savings may be incurred due to similar documents being prepared for a single project, such as CEQA review, should applications be filed simultaneously.
4. Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Woodland Municipal Code , per funding agreement, or as determined by the Director with good cause. Once an application has been accepted and a review initiated, a partial refund may be considered , and is dependent upon the amount of staff time or work on the application.
17.96.030 Pre-Application Review
Preapplication review is an optional review process to be conducted prior to submittal of a planning application that is intended to provide information on relevant policies, zoning regulations, and procedures.
Exemption from Permit Streamlining Act. Pre-application review shall not be considered completeness review and is not subject to the requirements of the California Permit Streamlining Act § 65920.
Review P rocedures. A prospective applicant may submit a pre-application submittal, including a preliminary project description, preliminary plans, and designs to the department.
The department shall conduct pre -application review and inform the applicant of applicable City requirements, provide a preliminary list of issues for consideration , and may suggest possible alternatives or modifications to the project prior to formal application submittal. The Director may consult with or request review by other City departments or agencies that may have interest in the application. The initial review is a courtesy review; however, the Director may charge for additional iterations or reviews.
Recommendations are Advisory. Neither the pre -application review nor the provision of information and/or pertinent policies shall be construed as being either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre -application review are considered advisory only and shall not be binding on either the applicant or the City.
17.96.040 Determination of Similar Use
Each zone establishes a list of primary uses and accessory uses which are permitted, permitted with a Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) , or permitted with a Conditional Use Permit (see Section 17.100.100, Conditional Use Permit) . Occasionally, uses may be proposed which are not specifically listed in the Use Tables of Division II, Zone Regulations.
This Section provides procedures that shall be observed when an unlisted use is proposed in a zone.
A use determined to be similar shall apply to the zone uniformly regardless of location.
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Director. The Director may administratively determine that the proposed uses are similar to those of the appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purposes of the zone and G eneral Plan. The Director’s determination of similar use may be appealed to the Planning Commission pursuant to the provisions of Section 17.96.160, Appeals.
Planning Commission. The Planning Commission’s determination of similar use may be appealed to the City Council pursuant to the provisions of Section 17.96.160, Appeals.
17.96.050 Review of Planning Applications
Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. The requirements below shall apply unless otherwise required by law.
Incomplete Application.
1. If an application is deemed incomplete, the Director shall provide a written notification to the applican t with a listing of information necessary to complete the application.
The listing shall be exhaustive and based upon a City check list.
2. Upon submittal of additional requested materials, the Director shall make a new determination and notify the applicant in writing as to whether the application is complete within 30 days of the date the additional materials are received by the City.
3. The applicant shall provide the requested information within 180 days of the letter of notification stating that an application is determined to be incomplete. The Director may, upon written request, and for good cause, grant one extension of up to 90 calendar days for review of applications imposed by this Code.
Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations or the violation is a legal nonconformity as described in Chapter 17.80, Nonconforming Provisions.
Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director.
Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of Section 17.96.160, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.
Expiration of Application. If an applicant fails to correct the specified deficiencies and/or submit the information identified on the written notification of an application that is determined to be incomplete within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees. Partial refund of fees may be allowed based on the extent of the work conducted as described in S ubsection
17.96.020.D.4, Refund of Fees.
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Complete Application. In compliance with the California Permit Streamlining Act § 65920, when a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application.
1. Once an application has been accepted as complete, the City may request that the applicant clarify, amplify, correct, or otherwise supplement the information required for the application.
2. This shall not limit the City’s ability to request and obtain information which may be needed in order to comply with the California Public Resources Code pertaining to the CEQA.
Referral of Application. At the discretion of the Director, or where otherwise required by this Title, state or federal law, any application filed in compliance with this Code may be referred to any City department, public agency, or interest group that may be affected by , or have an interest in, the proposed land use project for review and comment on the application.
17.96.060 Environmental Review
All projects must be reviewed for compliance with the CEQA. Environmental review will be conducted pursuant to the California Code of Regulations, Title 14, Division 6, Guidelines for the Implementation of the California Environmental Quality Act . If Title 14 of the California Code of Regulations is amended, the amendments will govern City procedures.
17.96.070 Neighborhood Meeting
Purpose. The purpose of the neighborhood meeting is to acquaint the neighborhood with the proposed project application and to receive public comments and is particularly helpful when there may be potential controversy.
Timing. The Director may require the applican t to hold a neighborhood meeting after submittal of an application if it is determined during the course of project review that there may be issues or considerations that would be best discussed with the neighborhood.
Notice. Notice of the meeting shall b e mailed by first class mail, a minimum of 10 days prior to the meeting date, to every owner whose name and address appears on the last equalized County Assessment Roll for any property within 300 feet of the exterior boundaries of the subject property. The Director may increase the notice radius requirement depending on the nature and type of project proposal.
Posting. Depending on the nature and type of the project, the Director may require the applicant to post notice of the neighborhood meeting on the site. The notice shall be at least 11 inches wide by 17 inches high in size, in a form acceptable to the City.
Meeting Location, Date and Time. The meeting shall be held at a location acceptable to the Director. The meeting shall not be held on a Friday or Sunday or on any holiday, or other days of celebration as determined by the Director. The meeting time shall be at a generally acceptable time when the majority of neighbors are able to attend, typically in the evening after 6:00 PM.
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17.96.080 Public Notice
Unless otherwise specified, whenever public notice is required , the City shall provide notice in compliance with state law.
Mailed Notice. At least 10 days before the date of a scheduled public hearing the Director (or the City Clerk for City Council meetings) shall provide notice by First Class mail delivery to the following:
1. The applicant, the owner, and any occupant of the subject property;
2. All proper ty owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role, or a larger radius if deemed necessary by the Director in order to provide adequate public notification;
3. All neighborhood groups and community organizations that have previously filed a written request for public hearing notices for projects in the area where the site is located; and
4. Any person or group who has filed a written request for notice regarding the specific application.
Alternative Method for Large Mailings. If the number of owners to whom public hearing notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide public notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing.
Posted Notice.
1. At the discretion of the Director, or as otherwise may be required in this Code or state law, a notice shall be posted in a format approved by the Department. The applicant shall post a public notice on the subject property in compliance with the following requirements:
a. The public notice shall be posted at least 10 days prior to the public hearing or action;
b. At least one notice per street frontage shall be posted or affixed to the property in question in a visible location;
c. The City shall prepare the notice;
d. The applicant shall submit a signed letter stating that they posted or caused the notice to be posted along with photographic verification; e. The notice shall contain the information as required in Subsection 17.96.080.F, Failure to Notify Individual Properties; and
f. The notice shall be a minimum of 11 inches wide by 17 inches high and laminated (or another size as may be required for a specific permit or by the Director).
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Newspaper Public Notice. At least 10 days before the date of the public hearing the Director (or the City Clerk for City Council meetings) shall publish a notice in at least one newspaper of general circulation in the City.
Contents of Public Notice. Public hearing notices shall include the following information:
1. Project location, when the application is proposed on real property;
2. A general description of the proposed project or action;
3. The date, time, location, and purpose of the public hearing, or the date of when action will occur if a public hearing is not required;
4. The Review Authority;
5. The name(s) of the project applicant and the property owner;
6. The location and availability of the project application and materials for review by the public;
7. A statement that any interested person or authorized agent may appear at the hearing and be heard;
8. A statement describing how to submit written comments; and
9. For City Council hearings, the Planning Commission’s recommendation.
Failure to Notify Individual Properties. The validity of the proceedings will not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
Optional Notice Methods. The Director may require additional noticing of public hearings .
Projects that may be considered for optional public noticing methods include those that may result in major policy changes, affect large neighborhoods or districts, or that may have strong public interest.
1. Internet Postings. Social media platforms available on the Internet may be used to augment traditional forms of public noticing.
2. Supplemental Large Sign Notice . A supplemental large sign may be used to notice neighbors in the affected area and the community early in the review process. If determined appropriate by the Director, the applicant shall install the sign as directed. a. The sign must be at least four feet by eight feet in size. b. The location for the sign shall be determined by the Director. c. All signs shall be kept adequately maintained and remain in place until the final determination on the application has been made, or the application is withdrawn.
17.96.090 Conduct of Public Hearing
Whenever the provisions of this Code require a public hearing, the hearing must be conducted in compliance with the requirements of state law, and as follows.
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Generally. Public hearings must be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.
Scheduling. Public hearings before the City Council must be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
Presentation. An applicant or an applicant’s representative may make a presentation o n a proposed project.
Public Hearing Testimony . Any person may appear at a public hearing and submit oral and/or written testimony, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.
Time Limits . The presiding officer may establish time limits for individual te stimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
Continuance of Public Hearing . The hearing body may by motion continue the public hearing to a fixed date, time, and place, or may continue the item to an undetermined date.
Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing b ody, and may be considered by the Review Authority.
Decision. The public hearing shall be closed before a decision is made by the hearing body.
17.96.100 Findings and Decision
When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Code, the Review Authority shall issue a Notice of Action and make findings of fact as required in this Code.
Notice of Action. After a final decision is made by the Review Authority, to approve, modify, or deny an application, the Director shall issue a Notice of Action or Resolution. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision . The Notice shall be documented in writing and sent to the applicant within 10 days at the mailing or email address stated in the application and to any other person or entity requesting the notification in writing. The notification shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision.
Findings. Findings, when required by state law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
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17.96.110 Scope of Approvals
Scope. An approval permits only those uses and activities actually proposed in the application and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed to be conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties , or ensures compliance with permit’s plans and conditions in all respects.
Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Code or require additional permits, then resubmittal of a new application is required.
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
17.96.120 Authority to Apply Conditions of Approval
In considering an application for a permit or other discr etionary approval authorized by this Code, final Review Authorities may require changes to applications and impose conditions of approval in order to effect the policies of the General Plan and the purpose of this Code. Conditions of approval, which may in clude dedication of land , installation of specific improvements , size, design and placement of buildings or structures, landscaping, and limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the permit or other discretionary approval is requested.
17.96.130 Expiration and Extension
Expiration. A final decision on an application for any approval subject to appeal will become effective after the expiration of the appeal period as stipulated in Section 17.96.160, Appeals following the date of action, unless an appeal is filed in compliance with Sec tion 17.96.160, Appeals. Permits and project approvals will lapse and become void one year after the approval date unless the entitlement/permit is exercised or a greater time period is granted by the Review Authority, or unless any of the following occurs:
1. Extension for a Permit with no Ten tative Map. A time extension of one year beyond the initial approval period may be requested by applying to the Director at least 30 days prior to the expiration date of the permit. In no case shall the expiration date
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extend more than four years from the date of final approval. After that time, a new application shall be required. In order to grant the extension the Director shall find that:
a. The permit holder has clearly documented that they have made a good faith effort to commence work upon the use;
b. It is in the best interests of the City to extend the permit; and c. There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the CEQA.
2. Extension for a Permit Granted in Conjunction with a Tentative Map . The time limits for any permit granted in conjunction with an approved Tentative Map shall be automatically extended to be the same as the term of the map.
Exercise of a Use Permit. A permit for the use of a building or a property is exercised when, if re quired, a valid City business license has been issued, and the permitted use has commenced on the site in accordance with applicable conditions of approval.
Exercise of a Building Permit. A Building Permit is exercised when a valid City grading or Building Permit is secured and physical construction lawfully commenced, in accordance with applicable conditions of approval and all required habitat or biological requirements have been met. See Section 17.100.130, Building Permit.
Expiration of Grading or Buil ding Permit . If, upon expiration of the permit or approval, construction is not diligently pursued to completion , the permits and approvals will expire. A time extension based on circumstances beyond the applicant’s control may be considered .
Should a Grading Permit or Building Permit expire, a new entitlement shall be required. See Section 17.100.130, Building Permit.
17.96.140 Modifications to An Approved Permit
No m odifications in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised in compliance with this Chapter.
Minor Revisions. The Director may approve minor revisions to approved plans, permits, and conditions of approval if the requested changes will not substantially expand the approved floor area, and/or intensify any potentially detrimental effects of the project and the resulting revisions are substantially consistent with the original findings and intent of the approved design, use or permit.
Major Revisions. A request for revisions to approved plans, conditions of approval of a discretionary permit, a nd/or revisions to an approved site plan or building plan that would intensify a use or potential negative impact of the project , must be treat ed as a new application, and shall be decided on by the same Review Authority as the original approved permit.
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17.96.150 Revocation of Permits
Any permit granted under t his Chapter may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, Director, or Zoning Administrator.
Public Hearing Notice, Hearings, and Action. A public hearing notice of a revocation preceding shall be noticed in accordance with Section 17.96.080, Public Notice. After conducting a public hearing, the Planning Commission, or C ity Council where they were the original approval authority, must act on the proposed revocation.
Required Findings. The Planning Commission or City Council may revoke or modify the permit if it makes any of the following findings:
a. The approval was obtained by means of fraud or misrepresentation of a material fact;
b. The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or substantially changed in character; c. The use has ceased to exist or has been suspended for one year; d. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in vio lation of the provisions of this Chapter, or any applicable local or state law or regulation; or e. The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.
2. Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Director must issue a Notice of Action within 10 days.
The Notice of Action must describe the Planning Commission’s or City Council’s action and findings. The Director must mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
17.96.160 Appeals
Applicability. This Section allows for appeal of discretionary actions by the Planning Commission, Zoning Administrator, or Director in the administration or enforcement of the provisions of the Zoning Code.
Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director.
Decisions of the Zoning Administrator. The Planning Commission is t he appeal body for decisions of the Zoning Administrator.
Decisions of the Planning Commission. The City Council is the appeal body for decisions of the Planning Commission.
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Rights of Appeal. Appeals may be filed by an applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of this Chapter.
Time Limits. Unless otherwise specified in state or federal law, all appeals shall be f iled in writing within 10 calendar days of the date when the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
Standards of Review. When reviewing any decision on appeal, the appeal body shall consider the appeal de novo and must use the same standards for decision -making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
Procedures. The appeal filing must identify the decision being appealed and must clearly and concisely state the reasons for the appeal. The appeal must be accomp anied by the required fee. The Director may waive fees for appeals filed by members of the City Council and the Planning Commission, the City Manager.
Proceedings Stayed by Appeal. The timely filing of an appeal stays all proceedings in the matter appealed , including the issuance of City Building Permit s (see Section 17.100.130, Building Permit) and business licenses.
Transmission of Record.
1. Decisions of the Director and of the Zoning Administrator . The Director must schedule the appeal for consideration b y the Planning Commission within 45 days of the date the appeal is filed. The Director must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the Planning Commission. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
2. Decisions of the Planning Commission. The City Clerk must schedule the appeal for consideration by the City Council within 45 days of the date the appeal is filed. The City Clerk must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the City Council. The Director must also prepare a staff report with a Continuation of Appeal section that responds to the issues raised by the appeal and may include a recommendation for action.
3. Public Hearing Notice and Hearing. A p ublic hearing notice must be provided pursuant to Section 17.96.080, Public Notice, and a public hearing must be conducted pursuant to Section 17.96.090, Conduct of Public Hearing. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice.
4. Action. An action to grant an appeal requires a majority vote of the members of the appeal. A tie vote will have the effect of denying the appeal.
17.96.170 Certificates of Occupancy
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Purpose. This Section establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land complies with all applicable building and health laws and ordinances and with the requirements of this Code.
Certificate of Occupancy Required. No structure erected, moved, altered, or enlarged after the effective date of this Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official.
Application. Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.
Issuance. The Building Official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection; provided, that the structure or site and the intended use conform with all applicable building and health laws and ordinances and with the requirements of this Code.
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Planning Permits and Approvals
Sections:
17.100.010 Purpose ......................................................................................................................... IV-19
17.100.020 Planning Permits and Approvals ............................................................................... IV-19
17.100.030 Zoning Clearance ......................................................................................................... IV-21
17.100.040 The Development Review Process ............................................................................ IV-22
17.100.050 Development Review Tier 1 ....................................................................................... IV-25
17.100.060 Development Review Tier 2 ....................................................................................... IV-26
17.100.070 Development Review Tier 3 ....................................................................................... IV-26
17.100.080 Temporary Use Permit................................................................................................ IV-27
17.100.090 Zoning Administrator Permit ..................................................................................... IV-28
17.100.100 Conditional Use Permit ............................................................................................... IV-30
17.100.110 Minor Modification ...................................................................................................... IV-31
17.100.120 Variance ........................................................................................................................ IV-33
17.100.130 Building Permit ............................................................................................................ IV-34
17.100.140 Sign Permit – Permanent Signs ................................................................................. IV-35
17.100.150 Sign Permit – Master Sign Program .......................................................................... IV-36
17.100.160 Reasonable Accommodation for Persons with Disabilities ................................... IV-38
17.100.170 Pre-zoning for Annexation ......................................................................................... IV-39
17.100.180 Development Agreements ......................................................................................... IV-40
17.100.010 Purpose
This Chapter establishes the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements regulated by this Code.
17.100.020 Planning Permits and Approvals
The Director shall coordinat e the review for all planning permit applications for new uses and development. Table 17.100.020-1: Planning Processes/Permits and Review Authority, identifies the types of planning permits authorized by this Code, and the Review Authority responsible for reviewing and making decisions on each type of planning application. For an appeal, public noticing is required if public noticing was required for the initial review. If public noticing was not required for the initial review, public review may be required for the appeal at the discretion of the Director.
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Table 17.100.020-1: Planning Processes/Permits and Review Authority Permit Type Advisory
Body
Review
Authority Hearing Public
Notice
Appeal
Authority
Administrative (Ministerial) Actions
Determination of Public
Convenience or Necessity
(PCN) (See Section 17.84.060,
Alcoholic Beverage Sales)
Staff Director 1 No No Planning
Commission
Zoning Clearance Staff Director No No Planning
Commission
Interpretations/Zoning
inquiry/ Determinations Staff Director No No Planning
Commission
Pre-Application Review Staff n/a No No n/a
Temporary Use Permit Staff Director
If CEQA
required or
referral
If CEQA
required
or
referral
Planning
Commission
Development Review Tier 1:
Minor Staff Director No No Planning
Commission
Development Review Tier 2:
Major Staff Director No No Planning
Commission
Sign Permit, Permanent Sign Staff Director No No Planning Commission
Modification to an Approved
Discretionary or
Administrative Permit, Minor
Staff Director No No Planning
Commission
Minor Modification Staff Director No No Planning
Commission
Discretionary Actions
Appeals Director Planning
Commission Yes Yes Planning
Commission
Conditional Use Permit Director Planning
Commission Yes Yes Planning
Commission
Development Review Tier 3 Director
Zoning
Administrator
or Planning
Commission
If
requested Yes
Zoning
Administrator
or Planning
Commission
Zoning Administrator Permit Staff Zoning
Administrator
If
requested Yes Zoning
Administrator
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Table 17.100.020-1: Planning Processes/Permits and Review Authority Permit Type Advisory
Body
Review
Authority Hearing Public
Notice
Appeal
Authority
Modification to an Approved
Discretionary Permit, Major Director
Review
Authority of
original permit
Same as
original
permit
Same as
original
permit
Review
Authority of
original permit
Variance Director Zoning
Administrator Yes Yes Zoning
Administrator
Revocation of Permit Director
Review
Authority of
Original Permit
Yes Yes
Review
Authority of
Original Permit
General Plan Text and Map
Amendments
Planning
Commission City Council Yes Yes City Council
Zoning Text and Map
Amendments
Planning
Commission City Council Yes Yes City Council
Planned Development Planning
Commission City Council Yes Yes City Council
Development Agreements Planning
Commission City Council Yes Yes City Council
Reasonable Accommodation
for Persons with Disabilities Staff Director No No Director Master Sign Program Staff Director No No Director
Public Art (See Section
17.64.040, Public Art) Director
Review
Authority of
original permit
Same as
original
permit
No
Review
Authority of
original permit
Demolition Permit Subject to
Woodland Municipal Code
Chapter 15.24, Historical
Landmarks, Districts and
Resources
Director Planning
Commission Yes Yes Planning
Commission
End Note:
1 Unless a CUP is required, in which case refer to Conditional Use Permit in this table.
17.100.030 Zoning Clearance
Purpose. This Section establishes procedures for conducting a zoning or use clearance to verify that each new, modified or expanded use, activity, building, or structure complies with any applicable policies or standards of the General Plan, all of the applicable provisions of this Code, and any operative plans or conditions of approval the City has granted previously.
Applicability. A Zoning Clearance is required for buildings or structures erected, constructed, altered, repaired, or moved, the use of vacant land, changes in the character of the use of land or a building or structure , or for substantial expansions in the use. Zoning Clearance is
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conducted as part of the Building Permit (see Section 17.100.130, Building Permit) or other City application review and is required to confirm that the establishment of a new use is permitted as a matter of right and that no other entitlements are required prior to securing a tax certificate; issuance of a Grading Permit, Building Permit, or Sign Permit; and commencing operations. Zoning Clearance is required for the following actions:
1. All buildings or structures that require a Building Permit;
2. Signs;
3. Business licenses;
4. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and
5. All other City applications that may be subject to the provisions of this Code, including, but not limited to, tree removal, encroachment, and grading and improvement plans.
Zoning Clearance Application. No separate application form is necessary for Zoning Clearance.
Review Authority . The Director shall be the designated approving authority for Zoning Clearance.
Clearance Determination Requirements. The Director may request that the Zon ing Clearance determination request be accompanied by a written narrative, operationa l statement, plans, and other related materials necessary to show that the proposed use, development, or alteration of the site complies with all applicable provisions of this Code. The Director may require attachments of other written or graphic informati on, including a site plan.
Determination. Zoning Clearance shall be granted if the Director determines that the proposed use, building, or structure is allowed as a matter of right by this Code and conforms to all the applicable development and use sta ndards of this Code, Development Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied. An approved Zoning Clearance may include attachments or other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans, building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this Title.
17.100.040 The Development Review Process
Purpose. The Development Review procedure is established to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines and is in compliance with appl icable provisions of the Zoning Code . The specific purposes of development review are to:
1. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
2. Ensure that new and modified uses and development will be compati ble with the existing and potential development in the area;
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3. Ensure the preservation of natural landforms and existing vegetation;
4. Protect historic resources and ensure compatibility with historic districts or adjacent resources; and
5. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
Applicability. Development Review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or landscaping or parking area except for:
1. Projects where there is no exterior building or site modifications , including openings, or where replacement of exterior materials are with the same materials;
2. Additions, construction, reconstruction, alterations, improvements , and landscaping that are consistent with previously approved entitlement and development review approval; and/or
3. Single family and duplex landscaping unless part of a residential subdivision approval. (See also the Woodland Municipal Code Section 12.48.130, Tree preservation of established trees, heritage oak trees, specimen trees and landmark trees as part of development projects or on vacant/undeveloped commercia l and residential property.)
Assignment of Development Review Responsibilities.
1. The Director is the Review Authority for De velopment Review Tiers 1 (see Section
17.100.050, Development Review Tier 1: Minor) and 2 (see Section 17.100.060, Development Review Tier 2: Major).
2. The Director may refer Tier 2 applications directly to the Planning Commission when it is determined the public interest would be bett er served by the Planning Commission conducting the development review.
3. Either the Zoning Administrator or Planning Commission shall have development review authority for those Tier 3 Development Review applications that are combined with projects requiring discretionary entitlement approval by the Zoning Administrator (such as Zoning Administrator Permit or Minor Exception) or Planning Commission (such as Conditional Use Permit, Variance, Planned Development, or projects where Development Review is referred to the Planning Commission for review).
Procedures.
1. Application. A qualified applicant shall submit an application for Development Review on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees.
2. Design Standards. All projects shall be consistent with the applicable design standards and guidelines, which are intended to promote high -quality design, well -crafted and maintained buildings and landscaping, the use of high -quality building materials, and
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attention to the design and execution of building details and amenities in both public and private projects.
Development Review Considerations. Development review shall be based on application of the requirements of this Code applied to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including, but not limited to:
1. Building proportions, massing, and architectural details;
2. Site design, orientation, location, and architectural design of buildings relati ve to the public way, existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
3. Size, location, design, development, and arrangement of on -site parking and other paved areas;
4. Pedestrian, bike, and transit connections and facilities;
5. Exterior materials and, except in the case of the review of a single family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;
6. Height, materials, design, fences, walls, and screen plantings;
7. Location and type of landscaping including selection and size of plant materials, and design of hardscape;
8. Size, location, design, color, lighting, and materials of all signs; and
9. Sustainable design, heat resilience, and consistency with the City’s Climate Action Plan goals and policies.
Findings. The Review Authority must make the following findings in order to approve Development Review for a project subject to administrative or discretionary approval:
1. The project is in conformance with the General Plan and Zoning Code;
2. The project is in conformance with applicable design and development standards;
3. If discretionary, the project is categorically exempt under or consistent with CEQA or other applicable Environmental Documents have been certified as complete and adequate;
4. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be in place;
5. The project is consistent with or enhances the surrounding neighborhood, existing site improvements, quality, and safety;
6. The project design is appropriate to the function of the project and the project’s operating characteristics minimize potential negati ve impacts and land use conflicts ; and
7. The project will not be detrimental to the public health, safety, and general welfare.
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17.100.050 Development Review Tier 1
Purpose. Development Review Tier 1 provides a staff -level administrative review process .
Development Review Tier 1 is intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms and existing vegetation as identified below.
Applicability.
1. Development Review Tier 1 applies to the following uses a nd improvements; similar uses and improvements; and uses and improvements indicated throughout this Title as requiring Development Review Tier 1:
a. New single-unit or duplex residential project.
b. Small additions, gates installed in driveways, expanded, or updated landscape areas, remodels, and accessory structures less than 1,200 gross square feet in Mixed-Use, Commercial, or Employment zones.
c. Accessory Dwelling Units over 800 square feet gross floor area up to 1, 000 square feet, subject to Section 17.84.030.E.3, ADU Permit Review. d. Accessory structures (not dwelling units) larger than 120 square feet but less than 800 square feet gross floor area or over 12 feet in height in Residential zones.
e. Façade improvements or site alterations that are not visible from the right-of- way or that are up to 500 square feet in gross floor area. This includes exterior materials and, except in the case of de velopment review of a single -family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development.
f. Exceptions to fence standards as provided in S ubsection 17.64.030.D, Fence, Wall and Hedge Height and Placement.
g. Modifications to existing landscaping or parking lots for existing commercial, multi-family, mixed-use, or employment projects that do not disturb existing trees.
h. Other development improvements present ing similar impacts as determined by the Director.
i. Non-structural modifications ( e.g., paint, in -kind window replacement, awnings) to buildings within the National Register Historic Downtown District or to designated historical resources outside of the Historic District.
2. The Director may waive the requirement for projects subject to Development Review Tier 1 when the project does not involve exterior building or site modifications, and/or when it can be determined that the modifications would be consistent with the previously approved entitlement for the site or use.
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17.100.060 Development Review Tier 2
Purpose. Development Review Tier 2 provides a staff level administrative review process for projects that are permitted but are more complex or larger in scope and scale than Tier 1 projects, that are visible from public view, or that may significantly change the design of the original structure or landscaping.
Applicability.
1. Development Review Tier 2 a pplies to projects that po ssess locational , structural, historic, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Title as requiring Development Review Tier 2:
a. New non-residential buildings;
b. Exterior modifications or site alteration s for non-residential buildings and structures, visible from the right -of-way and/or over 500 square feet in gross floor area;
c. New residential projects over two units, including Small Lot Subdivisions; d. The exterior remodel of multi-family residential buildings or structures; e. New landscaping, or s ignificantly revised (greater than 60 percent) existing commercial, industrial, or multi -family landscaping, including the potential removal of existing trees;
f. Accessory structures (not dwelling units) over 800 gross square feet in floor area or over 12 feet in height in Residential zones and accessory structures over 1,200 gross square feet in floor area in Mixed-Use, Commercial, or Employment zones; and
g. Projects previously reviewed under an entitlement process that requires staff level review of the site and architectural design.
2. The Director may refer a Tier 2 Development Review application to the Planning Commission to act as the approval body (no publi c notice as required by Section
17.96.080, Public Notice) when in their opinion the public interest would be better served by having the Planning Commission conduct the Development Review.
17.100.070 Development Review Tier 3
Purpose. Development Review Tier 3 provides a discretionary review process for those projects that are complex in nature, or that may have a concurrent discretionary entitlement review or impact a potentially significant historic resource. Development Review Tier 3 is also intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms, historic resources, and existing vegetation.
Applicability. Development Review Tier 3 applies to those projects that are complex in nature and that may have a concurrent discretionary entitlement review or which impact a potentially
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significant historic resource as well as projects that possess locational, structural, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects ; similar projects; and projects indicated throughout this Title as requiring Development Review Tier 3:
1. Projects referred from the Director which will be reviewed administratively by the Review Authority and not as a discretionary entitlement review;
2. Projects where conditions of approval require the Zoning Administrator or Planning Commission to be the Review Authority;
3. Concurrent processing of projects that require a Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit), Conditional Use Permit (see Section
17.100.100, Conditional Use Permit) , Variance (see Section 17.100.120, Variance) , or any other discretionary approval;
4. Accessory Dwelling Units between 1 ,000 and 1 ,200 square feet , subject to Section
17.84.030.E.6, ADUs and Discretionary Approval.
5. New buildings, demolitions, or structural modifications to buildings in the National Register Historic District, or modification, alteration, or demolition of a designated historic resource outside of a Historic District.
Conditions of Approval. The Approval Authority may approve, approve with conditions, or deny an application for a Development Review Tier 3 Permit.
17.100.080 Temporary Use Permit
Purpose. A Temporary Use Permit (TUP) provides a process for the review and approval o f certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses.
Applicability.
1. A Temporary Use Permit is required for any temporary uses that are not otherwise permitted in the base zone regulations.
2. A Temporary Use Permit is required for temporary uses as described in Section
17.84.370, Temporary Uses.
3. If the Director determines that a temporary use is li kely to result in significant environmental impacts the Temporary Use Permit shall be processed as a Zoning Administrator Permit application pursuant to Section 17.100.0 90, Zoning Administrator Permit or a Conditional Use Permit application, pursuant to Se ction
17.100.100, Conditional Use Permit.
Review Authority. The Director shall approve, conditionally approve, or deny applications for Temporary Use Permits . The Director may refer a Temporary Use Permit to the Planning Commission if the Director finds that the temporary use may have substantial potential effects that warrant additional public notification and review.
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Temporary Use Permit Application Requirements. A qualified applicant shall submit an application for a Temporary Use Permit on a form prescribed by the Director as prescribed in Section 17.96.020, Application Forms and Fees . An application must be submitted at least 30 days before the temporary use is intended to begin.
Duration of Temporary Use Permit.
1. Time limits for temporary uses are prescribed in Section 17.84.370, Temporary Uses.
2. Unless otherwise stipulated in this Code, the Director shall determine the duration of the temporary use.
Findings. The Director may approve an application for a Temporary Use Permit upon making the following findings.
1. The proposed temporary use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace , comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;
2. The proposed temporary use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use; and
3. The proposed temporary use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.
Operating Requirements. The Director may approve, approve with operating requirements, or deny an application for a Temporary Use Permit.
17.100.090 Zoning Administrator Permit
Purpose. A Zoning Administrator Permit (ZAP) provides a process for the review of uses that generally meet the purposes of the applicable district but which require special consideration in their design or operation to ensure compatibility with surrounding uses. The Zoning Administrator Permit review i s a discretionary action that may require CEQA review and/or other mitigation, habitat mitigation, and the application of critical conditions of approval. The purpose of a Zoning Administrator Permit is also to:
1. Consider the relationship of the use or project to the neighborhood a nd community as a whole;
2. Determine if the project’s use and location is compatible with t he types of uses that are normally permitted in the surrounding area;
3. Consider the compatibility of the proposed use with the site’s characteristics;
4. Evaluate the adequacy of services and facilities for the proposed use;
5. Provide an opportunity for public review and comment on the proposed use when appropriate;
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6. Allow for consideration of requested exceptions from required design standards;
7. Ensure state CEQA, biological, cultural, and other critical reviews are conducted as needed; and
8. Identify and apply conditions and requirements necessary to comply with the basic purposes of this Code, the General Plan, and any applicable plans or regulations.
Applicability. A Zoning Administrator Permit applies to the uses and activities identified in Division II, Zone Regulations.
Zoning Administrator Permit Application Requirements. A qualified applicant shall submit an application for a Zoning Administrator Permit on a form prescribed by the Director as prescribed in Section 17.96.020 (Application Forms and Fees).
Public Notice and Hearings.
1. A public notice shall be mailed in compliance with Section 17.96.080, Public Notice , and/or the Director may require the site to be posted with a notice consistent with the requirements provided in Section 17.96.080.C, Posted Notice.
If no significant comments or concerns are received the item will be acted on by the Zoning Administrator . If public comment, concerns, or issues are received, a public hearing shall be scheduled , the Director shall prepare a staff report, and the Zoning Administrator shall hold a public hearing with appropriate public notice, prior to final action on the application.
Conditions of Approval. The Zoning Administrator may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.
Approval Applies to Land. Any Zoning Administrator Permit approval shall run with the land and shall continue to be valid for the tim e period specified, whether or not there is a change of ownership of the site or structure to which it applies. Zoning Administrator Permit approval cannot be transferred to another site.
Referral to Planning Commission. The Zoning Administrator may refer a Zoning Administrator Permit application to the Planning Commission. Such referral shall be at the discretion of the Zoning Administrator and shall be dependent upon policy implications, unique or unusual circumstances, adjacency to sensitive uses, the magnitude of the project, the need for certification of an environmental document, or other factors determined by the Zoning Administrator to warrant Planning Commission review.
Findings. The Zoning Administrator may appro ve or conditionally approve a Zoning Administrator Permit if the following findings can be made:
1. The proposed use is consistent with the General Plan;
2. The proposed use is consistent with the purposes of the Zoning Code , and the purposes of the applicable zone;
3. The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;
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4. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;
5. Granting the permit would not constitute a nuisance or be injurious or detri mental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and
6. The proposed project has been reviewed in compliance with CEQA.
17.100.100 Conditional Use Permit
Purpose. A Conditional Use Permit (CUP) provides a public review process for discretionary review of proposed uses and activities that require special consideration by the Planning Commission to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community . This discretionary review process is intended to ensure land use compatibility and mitigate potential impacts or conflicts that could otherwise result from the proposed use. A Conditional Use Permit also serves the following purposes:
1. To consider the relationship of the use or project to the neighborhood and community as a whole;
2. To determine if the project’s use and location is compatible with the types of uses that are normally permitted in the surrounding area;
3. To consider the compatibility of the proposed use with the site’s characteristics;
4. To evaluate the adequacy of services and facilities for the proposed use;
5. To provide an opportunity for public review and comment on the proposed use; and
6. To identify conditions and requirements necessary to comply with the basic purposes of this Code, the General Plan, and any applicable plans or regulations.
Applicability. A Conditional Use Permit applies to the uses and activities identified in Division II, Zone Regulations.
Conditional Use Permit Application Requirements. A qualified applicant shall submit an application for a Conditional Use Permit on a form prescribed by the Director as prescribed in Section 17.96.020, Application Forms and Fees.
Public Notice and Hearing. A public hearing notice shall be mailed in compliance with Section
17.96.080, Public Notices. The applicant shall be responsible for posting the site consistent with a format provided by the City and shall provide verification of such posting. A public hearing will be scheduled prior to final action on the application.
Conditions of Approval. The Planning Commission may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.
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Approval applies to land. Any Conditional Use Permit approval shall run with the land and be valid, whether or not there is a change of ownership of the site or struc ture to which it applies. Conditional Use Permit approval cannot be transferred to another site.
Modification. A requested modification to an approved Conditional Use Permit may be considered by the Director or final Review Authority consistent with Section 17.96.140, Modifications to An Approved Permit.
Findings. The Planning Commission may approve or conditionally approve a Conditional Use Permit if the following findings can be made:
1. The proposed use is consistent with the General Plan;
2. The proposed use i s consistent with the purposes of the Zoning Code , and the purposes of the applicable zone;
3. The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;
4. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;
5. Granting the Conditional Use Permit would not con stitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and
6. The proposed project has been reviewed in compliance with CEQA.
17.100.110 Minor Modification
Purpose. The purpose for a Minor Modification is to establish a means of granting relief from the requirements of this Code when doing so would be consistent with the purposes of the Code. It allows the Director, or appropriate Review Authority if combined with other permit requests, to grant minor modifications to the development standards provided in Table
17.100.110-1: Types of Minor Modifications.
Applicability. A Minor Modification applies only to the modifications identified in Table
17.100.110-1: Types of Minor Modifications from the requirements of this Code.
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Table 17.100.110-1: Types of Minor Modifications
Types of Minor Modifications Maximum Modification
An increase in lot coverage. 10%
Lot area, width, or depth. 10% (applicable on an individual lot, or to an overall subdivision)
A reduction of a designated setback. 15%
An increase in allowable building height. 15%
Reduction in required open space on a lot. 10%
An increase of the allowed maximum height of a fence or wall located within a designated setback area.
10%
Where a majority of lots are developed with single-family residences with nonconforming setbacks, new buildings or structures may conform to the pattern established by the majority of the existing buildings or structures in the same block. This is most likely to occur in older historic
neighborhoods.
Determined on a case-by-case
basis
To encourage the development of housing units for
disabled persons with limited mobility, the Director may allow deviation from the prescribed standards of this Title and where necessary to install features that facilitate access and mobility for disabled persons.
Determined on a case-by-case
basis
Deviation from Building and Site Design Standards for
those situations where a project is requesting exception from objective standards.
Determined on a case-by-case
basis.
Calculation of Modification . As an example, assume that the standard will be modified by 10 percent. If a site is 5,000 square feet in total area, and 20 percent open space of a lot area is required , a total of 1,000 square feet of open space must be provided . A 10 percent modification of the base standards would equate to a reduction of 100 square feet of open space (e.g., 1,000 x 10 percent = 100). As a result, only 900 square feet of open space would be required.
Minor Modification Application Requirements. A qualified applicant shall submit an application for a Minor Modification on a form prescribed by the Director as prescribed in Section 17.96.020, Application Forms and Fees.
Precedents. Each Minor Modification application shall be reviewed on an individu al case-by- case basis. The approval of a Minor Modification in one situation is not relevant to the City’s consideration of the approval of a Minor Modification in a new situation.
Procedure. The Director or Review Authority shall make the final determination on the Minor Modification application. The Director may choose to refer any application to the Planning Commission for hearing and decision.
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Findings. The Director shall approve , with or without conditions, a Minor Modi fication application only after the following findings are made:
1. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances; or
2. The Minor Modification is the minimum departure from the requirements of this Code necessary to grant relief to the applicant, and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located; and
3. Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness; and
4. The deviation, as proposed and conditioned, will achieve the general purposes of this Title or the specific purposes of the zone in which the project is located.
17.100.120 Variance
Purpose. A Variance provides a mechanism for the Zoning Administrator to provide relief from the strict application of this Code where this will deprive the owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
Applicability. A Variance may be granted to vary or modify dimensional and performance standards. A Variance may not be granted to allow new uses or a modification to the density or intensity requirements of this Code , or activities that this Code does not authorize for a specific lot or site.
Referral. The Zoning Administrator may refer applications directly to the Planning Commission when in their opinion, the public interest would be better served.
Variance Application Requirements. A qualified applicant shall submit an application for a Variance on a form prescribed by the Director as prescribed in Section 17.96.020, Application Forms and Fees. In addition to other application requirements, the application for a Variance shall include data or other evidence showing that the requested Variance conform s to the required findings set forth in Subsection 17.100.120.G, Findings.
Precedents. Each Variance application shall be reviewed on an individual case -by-case basis and the approval of a prior Variance is not relevant to the City’s consideration of the approval of a new Variance.
Public Notice and Hearing . Noticing for a Variance shall be provided in compliance with Section 17.96.080, Public Notice. The Zoning Administrator shall conduct a public hearing on an application for a Variance. Public hearings shall be conducted in compliance with Section
17.96.090, Conduct of Public Hearings.
Findings. The Zoning Administrator shall approve, with or without conditions, a Variance application only after the following findings are made:
1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code
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deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;
2. The special circumstances applicable to the property identified in Subsection
17.100.120.G.1, was not created by any act of the property owner (i.e., a Variance shall not be granted for a self-imposed hardship);
3. Granting the Variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;
4. Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;
5. The Variance is consistent with the General Plan and any applicable Specific Plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance; and
6. The Variance is the minimum departure from the requirements of this Code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.
17.100.130 Building Permit
Purpose. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure or any addition to any structure, including the grading of land and the demolition of a structure, a Building Permit shall be issued by the Department.
Conformance with Associated Planning Entitlements. Prior to issuance of a Building Permit, site plans, elevations, construction documents, and other information provided with a Building Permit application shall be determined to substantially conform to the project plans which were approved with a Development Permit, Conditional Use Permit (see Section
17.100.100, Conditional Use Permit) , Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit), or other entitlement for the project by the Director. Substantial inconsistencies between the Building Permit application information and approved plans, as determined by the Director, may be subject to revocation of planning permits (see Section
17.96.150, Revocation of Permit) or rejection of the Building Permit application.
Timing.
1. No application for a Building Permit shall be accepted within 30 days of approval of the second reading of an ordinance approving a change of zone, planned land use designation, or Code regulations that would be affected by the proposed changes.
2. Building Permits shall not be considered concurrently with entitlements unless the project has been scheduled for public hearing final action and written authorization is provided by the Director. In such instances , the applicant shall affirm in writing that the concurrent review is being done at the applicant’s risk, and if the entitlement is
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rejected for the project, the Building Permit review shall be halted and shall not resume until all necessary entitlements are granted and new, corresponding building plans are submitted.
Demolition. Before any structure is demolished, the City’s Historic Preservation Officer shall review the request for potential historic significance.
17.100.140 Sign Permit – Permanent Signs
Purpose. This Section establishes the permitting requirements for permanent sign structures described in Chapter 17.7 2, Signs to ensure that all permanent signs are in compliance with applicable Code standards.
Sign Permit Requirement.
1. It shall be unlawful for an y person to erect, place, display, alter, repair, or relocate a permanent sign or sign structure without first obtaining approval for a Sign Permit from the Director.
2. Section 17.72.030, Sign Permits describes the types of signs and modifications to signs for which a Sign Permit is not required.
Review and Approval.
1. Review and Determination.
a. A qualified applicant shall submit an application for a Sign Permit on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees.
b. The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 17.72, Signs. The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application. If the Sign Permit application is denied, the reason shall be stated in writing.
c. Where required in Chapter 17.7 2, Signs, a n Encroachment Permit must be submitted for review and approval by the State Department of Transportation or the City Public Works Director (City Engineer) and must be obtained prior to issuance of a Sign Permit.
2. Method of Review. After receipt of a complete Sign Permit application, the Zoning Administrator shall render a decision to approve, approve with modifications, or deny the Sign Permit. This review will ensure that any sign proposal is in conformance with the requirements of Chapter 17.7 2, Signs, and is consistent with the City's objectives.
The Director may grant slight deviations from the de signated sign area or location or distance between signs, not to exceed 10 percent, when it is determined no other reasonable method of providing signage is functional.
3. Substitution. Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is
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made with the City and the new interest assumes all obligations they would have had consistent with the original permit.
4. Expiration. A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of the Sign Permit, or if work is suspended or abandoned for a period of 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the Sign Permit has been approved and issued , the application shall be considered withdrawn.
5. Inspections.
a. All signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 17.72, Signs, as well as the following additional inspections, unless waived in writing by the Building Official:
i. Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;
ii. Electrical inspections for all sign structure(s) prior to placement; and, iii. Final inspection to establish compliance with provisions of this Code and other applicable City Codes.
b. Violations. Any work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this Chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained ( see Section
17.72.080, Enforcement).
17.100.150 Sign Permit – Master Sign Program
Purpose. A Master Sign P rogram provides mixed -use, non -residential, and multi -family residential uses with flexibility to develop innovative, creative, and effective signage and to improve the aesthetics of the City.
Applicability. A Master Sign Program applies to proposed or existing mixed -use, non - residential, and multi-family residential uses as follows:
1. A Master Sign Program is required for:
a. Projects with five or more non-residential tenants;
b. Multi-unit developments of 50 or more units;
c. Whenever five or more signs are proposed for a building or site; d. To erect a freeway -oriented sign (refer to Table 17.72.050. D-3: Standards for Freeway-Oriented Signs);
e. Projects in which flexibility in sign design is sought so that high quality signs may be provided which contribute to the attractiveness and economic viability
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of their surroundings, but which may not meet the standards otherwise required for the subject location or zone; and
f. Any project proposed as a Planned Development (see Chapter 17.112, Planned Development (PD)).
Review.
1. A qualified applicant shall submit an application for a Master Sign Program on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees.
2. At a minimum, all Master Sign P rograms shall include the type, number, size, location/placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any previously approved Master Sign Program shall be made in the same manner as the original approval.
3. All Master Sign P rogram submittals shall be reviewed for compliance with the requirements of Chapter 17.7 2, Signs, and the Zoning Administrator shall either approve, conditionally approve, or deny the proposed Master Sign Program. Following approval by the Zoning Administrator, a copy of the approved Master Sign P rogram will be made available to the applicant.
4. Individual signs authorized by an approved Master Sign Program require the issuance of separate Sign Permits as described in Section 17.100.140, Sign Permit – Permanent Signs provided:
a. The signs comply with all applicable conditions of the approved Master Sign Program;
b. Sign Permit applications are submitted withi n a time period specified as part of the conditions of the content or review of the Master Sign Program, where applicable; and
c. Sign Permit applications are submitted prior to any subsequent amendment to this Chapter which is more restrictive than provision s existing when the Master Sign Program was approved.
5. The Planning Commission shall review all Master Sign P rograms which include a request for an increase in allowable sign height and area beyond the limits established in Section 17.72.050, Standards for Permanent Signs, for freestanding and building mounted signs for multi-tenant buildings and shopping centers.
Supplemental Provisions.
1. Modifications to an approved Master Sign Program shall be reviewed by the Zoning Administrator.
2. No sign identified in thi s Section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Program or designate in writing an authorized representative.
3. A Master Sign Program may be implemented in phases.
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17.100.160 Reasonable Accommodation for Persons with Disabilities Purpose. This Section provides a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) to request Reasonable Accommodation in the application of the City’s land use regulations and to establish relevant criteria to be used when considering such requests.
Applicability.
1. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zo ning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.
2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activitie s, anyone who is regarded as having such impairment or anyone who has record of such impairment. This Section is intended to apply to those persons who are defined as disabled under the Acts.
3. A request for Reasonable Accommodation may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing - related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This Section allows for minor structural modifications and/or regulatory exceptions. Nothing in this Section shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of a Reasonable Accommodation request. Requests for Reasonable Accommodation shall be made in the manner prescribed within this Section.
Review Authority and Procedure.
1. Requests for Reasonable Accommodation shall be reviewed by the Director if no discretionary approval is sought other than the request for Reasonable Accommodation. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for Reasonable Accommodation in accordance with Subsection 17.100.160.E, Criteria for Findings and Decision.
2. Requests for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority responsible for reviewing the discretionary land use application. The written determination on whether to grant or deny the request f or Reasonable Accommodation shall be made by the Review A uthority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable modification shall be made in accordance with Subsection 17.100.160.E, Criteria for Findings and Decision.
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Application Requirements. A qualified applicant shall submit an application for a Reasonable Accommodation on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees . No noticing or public hearing s are required for a Reasonable Accommodation request.
Criteria for Findings and Decision. The Director must consider all of the following factors in order to approve or deny a request for Reasonable Accommodation;
1. Whether the housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;
2. Whether the request for Reasonable Accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;
3. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and
4. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.
Conditions of Approval . In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions approval deemed reasonable and necess ary to ensure that the Reasonable Accommodation would comply with the findings required by Subsection
17.100.160.E, Criteria for Findings and Decision . Conditions shall also state that the accommodation granted shall terminate if the recipient of the accom modation requested no longer resides on the property as stated in Subsection 17.100.160.G.2.
Appeals, Expiration, Extensions, and Revisions.
1. Appeals. A decision on Reasonable Accommodation request may be appealed as provided for in Section 17.96.160, Appeals.
2. Expiration, Extensions, and Revisions. A Reasonable Accommodation approval may only be expired, extended , or revised as provided for in Chapter 17 .96, Common Procedures. A Reasonable Accommodation approval shall terminate if the accommodation is n o longer required, or if the recipient of the accommodation no longer resides at the property.
17.100.170 Pre-zoning for Annexation
Purpose. The purpose of pre-zoning property is to determine the zoning that will apply to property upon subsequent annexation to the City.
Applicability. The pre-zoning process applies to u nincorporated property adjoining the City within the urban limit line that is subject to a pending annexation.
Initiation. Pre-zoning shall be initiated by a resolution of intention by the Planning Commission or the City Council.
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Procedure. Pre-zoning applications shall be processed following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text . Pre-zoning shall become effective at the same time as an annexation becomes effective.
Zoning of annexed areas. Upon the annexation of property to the City which has not been pre-zoned, the Planning Commission shall initiate proceedings to zone the annexed property to a zoning classification in conformity with the General Plan following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text.
17.100.180 Development Agreements
Purpose. This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in state law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.
Applicability.
1. The City incorporates by reference the provisions of California Government Code § 65864 to § 65869.5. In the event of any conflict between the statutory provisions and this Chapter, the statutes shall control.
2. A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engin eering for the entire project and for public facilities and services.
Initiation. An application for a Development Agreement may be initiated by any qualified applicant identified in Section 17.96.020, Application Forms and Fees, or by a motion of the City Council or Planning Commission.
Review Authority.
1. The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City. The Director may request input from other affected Departments, as needed.
2. The City Council has the exclusive authority to approve a Development Agreement .
After receiving recommendations from the Planning Commission, the City Council may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this Chapter.
Procedure.
1. Application Requirements . Applications for Development Agreements shall be filed with the Director in accordance with the following procedures. In addition to any other
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application requirements, the application for a Development Agreement shall include data or other evidence is support of the applicable findings required by S ubsection
17.100.180.H, Required Findings.
2. Concurrent Processing. An application for a Development Agreement will be made and considered simultan eously with the review of other applications, including, but not limited to rezoning, Planned Development (see Chapter 17.112, Planned Development (PD)), and a Conditional Use Permit (see Section 17.100.100, Conditional Use Permit). A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant must comply with all other required procedures for development approval.
3. Contents of Development Agreements.
a. Required Contents. A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes , and provisions concerning its transferability (assignment). b. Additional Contents. Development Agreements may also include the following:
i. Improvements and Fees. Requirements for construction and maintenance of onsite and offsite im provements or payment of fees in lieu of such dedications or improvements.
ii. Conditions. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, except that the applicant’s responsibility to obtain all required land use approvals is retained. iii. Environmental Mitigation. Conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any associated environmental document.
iv. Phasing. Provisions that the project must be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase be completed within a specified time. v. Financing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
vi. Indemnity. An indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of the applicant in connection with the application or the development process, including all legal fees and costs.
vii. Performance Obligation. Provisions to guarantee performance of obligations stated in the agreement.
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viii. Other Items. Other components and provisions as negotiated by the City and the applicant.
Planning Commission Hearing and Recommendation.
1. Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. The Planning Commission shall conduct a public hearing and make recommendations to the City Council in conformance with the provisions of Section
17.96.090, Conduct of Public Hearing.
3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
City Council Review and Recommendation.
1. Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 17. 96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. After receiving the report with the Planning Commission recommendation , the City Council shall hold a public hearing in accordance with Section 17.96.090, Conduct of Public Hearing. The public hearing notice for the hearing shall include a summary of the Planning Commission recommendation.
3. Decision. At the conclusion of the hearing, the City Council may approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. If the Council proposes any substantial modific ation to the Development Agreement, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment to the Development Agreement and shall be returned to the City Council for approval.
Required Findings. The Planning Commission when making i ts recommendation on a Development Agreement , and the City Council , must make the finding to approve a Development Agreement that the proposed Development Agreement and its provisions are consistent with the General Plan and any applicable Specific Plan. This requirement may be satisfied by a finding that the provisions of the Development Agreement are consistent with proposed General Plan or Specific Plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
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Execution and Recordation. Within 10 days after the ordinance approving the Development Agreement takes effect, the Mayor or their designee shall execute the Development Agreement on behalf of the City, and the City shall record the Development Agreement with the County Recorder.
Periodic Review. The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the Director shall review each approved Development Agreement.
1. Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, then no action is required.
2. Finding of Non-compliance. If the Director finds the applic ant has not complied with the provisions of the Development Agreement , the Director may issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification pursuant to this Chapter.
3. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council as described in Section 17 .96.160, Appeals. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of t he finding on such appeal, shall conclude the review for the applicable period and such determination shall be final .
Amendment or Cancellation.
1. Mutual Agreement . Any Development Agreement may be canceled or amended by mutual consent of the parties followi ng compliance with the procedures specified in this Section.
a. Director Approval. Any amendment to a Development Agreement which is not specific to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of developm ent, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvement s or construction standards and specifications, may be made by the Director without noticed public hearing. A Development Agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and Director.
b. City Council Ap proval. The procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a Development
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Agreement, shall be the same as the procedure for originally entering into a Development Agreement.
2. After Finding of Non-Compliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the Development Agreement to the City Council for ter mination or modification. The City shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than 30 days in advance of public notice of the City Council hearing to consider an amendment or cancellation. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.
3. Recordation. If the parties to the agreement or their successors in interest amend or cancel the Development Agreement , or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.
4. Rights of the Parties After Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.
Effect of Approved Agreement.
1. Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City’s rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulation s, and official policies in force on the effective date of the Development Agreement.
2. Future Rules and Regulations. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement s hall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. A Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals , unless otherwise specified in the Development Agreement.
3. State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted afte r a Development Agreement has been entered into prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development
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Agreement may be modified or suspended pursuant to the procedures specified in the Development Agreement, in order to comply with federal or state regulations.
Enforcement. The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in t his Section and in California Government Code § 65865.4 or any successor statute, are non -exclusive. A Development Agreement may be enforced, revised, cancelled , or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.
Judicial Review.
1. Any judicial review of the initial approval by the City of a Development Agreement shall be by writ of mandate pursuant to the Code of Civil Procedure Code § 1085. Any judicial review of any City action taken pursuant to this Chapter, other than the initial approval of a Development Agreement, shall be by writ of mandate pursuant to the Code of Civil Procedure Code § 1094.5. The use of the phrase "substantial evidence" in this Chapter with respect to the quantum of proof necessary in conjunction with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.
2. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City taken pursuant to this Chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of decision.
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Amendments to the General Plan
Sections:
17.104.010 Purpose and Applicability ........................................................................................... IV-46
17.104.020 Initiation of Amendments .......................................................................................... IV-46
17.104.030 Review Procedures and Public Notice ...................................................................... IV-46
17.104.040 Planning Commission Hearing and Recommendation .......................................... IV-47
17.104.050 City Council Hearing and Action ................................................................................ IV-47
17.104.010 Purpose and Applicability
Purpose. This Chapter establishes procedures for making changes to the General Plan as provided for in state law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in state or federal law and changes in circumstances or opportunities that were unanticipated at the time of Plan adoption or the last amendment.
Applicability. This Section applies to all proposals to change the text or of the General Plan , the land use map(s), and the diagrams that illustrate the application of its provisions.
17.104.020 Initiation of Amendments
Initiation. An amendment to the General Plan may be initiated by any qualified applicant identified in Section 17.96.020, Application Forms and Fees, or by a motion of the City Council or Planning Commission.
Application. A qualified applicant shall submit an application for a General Plan amendment on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees. The Planning Commission or City Council may direct that specific information be provided at the time the initial application is submitted.
Coordination with Other Applications. Amendments to the General Plan and General Plan Land Use Map may be processed concurrently with other discretionary permits.
17.104.030 Review Procedures and Public Notice
Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a General Plan amendment. The report shall include, bu t is not limited to, a discussion of how the proposed amendment complies with the purposes of t his Chapter, a determination as to whether the proposed amendment will require amendment to other plans that the City Council has adopted, and an environmental document prepared in compliance with the CEQA.
Neighborhood Meeting. The Director, at their discretion, may require that the applicant conduct a neighborhood meeting prior to an application being submitted or during the review
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of an application as put forth in Section 17.96.070, Neighborhood Meeting. The meeting may be requ ired when in the opinion of the Director, the project for which the General Plan Amendment is requested may have an impact on a neighborhood, the project is unique, or the project is of such scale or scope that it is likely to generate community interest.
17.104.040 Planning Commission Hearing and Recommendation Planning Commission Hearing. The Planning Commission shall conduct a t least one public hearing on any proposed amendmen t and make recommendations to the City Council in conformance with the provisions of Section 17.96.090, Conduct of Public Hearing.
Public Notice. At least 10 days before the date of the public hearing, the Director shall provide notice as specified in Section 17.96.080, Public Notice . Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed General Plan amendment to the City Council. The recommendation shall include the reasons for the recommendation, findings related to the supporting the recommendation, and the relationship of the proposed amendment to applicable plans . The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
17.104.050 City Council Hearing and Action
City Council Hearing. After receiving the report from the Planning Commission, the City Council shall hold a noticed public hearing in conformance with Chapter 17. 96.090, Conduct of Public Hearing.
Public Notice. At least 10 days before the date of the public hearing, the Director shall provide notice as specified in Section 17.96.080, Public Notice. The notice shall include a summary of the Planning Commission’s recommendation. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
City Council Action. At the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment application. If the Council proposes any substantial modification, such as introducing a new zone district or planned land use designation, not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing.
The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption.
Frequency of Amend ments. Pursuant to California Government Code § 65358, no mandatory element of the General Plan may be amended more frequently than four times
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during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.
Required Findings. The City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following:
1. The proposed amendment is consistent with the goals, objectives, and policies of t he General Plan;
2. That the proposed amendment will promote growth of the City in an orderly manner and will promote and protect the public health, safety, or welfare of the community;
3. That the anticipated land uses on the subject site will be compatible with existing and future surrounding uses;
4. That the City’s inventory of residential lands for qualified housing sites has not been reduced; and
5. That the proposed amendment is consistent with any development related application that is processed and approved concurrently with the amendment application.
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Amendments to the Zoning Map and Text
Sections:
17.108.010 Purpose and Applicability ........................................................................................... IV-49
17.108.020 Application Requirements .......................................................................................... IV-49
17.108.030 Review Procedures and Public Notice ...................................................................... IV-50
17.108.040 Planning Commission Hearing and Recommendation .......................................... IV-50
17.108.050 City Council Hearing and Action ................................................................................ IV-50
17.108.060 Required Findings ........................................................................................................ IV-51
17.108.010 Purpose and Applicability
Purpose. This Chapter establishes the procedures to consider amendments to the Zoning Code text and to the City’s official Zoning Map, which may be referred to as a “rezone” or “rezoning”, whenever such amendment is in furtherance of public necessity, convenience, and general welfare, reflects changed conditions, and provides greater consistency with the goals and policies of the General Plan.
Zoning Code and Zoning Map amendments (zoning amendments) shall not be used in lieu of other planning permit processes to achieve a similar result.
Applicability. The procedures in this Chapter apply to all proposals to change the text of this Zoning Code or to revise a zone classification or zone boundary line, or add a new zone, shown on the Zoning Map.
17.108.020 Application Requirements
Initiation. An amendment to the Zoning Code text or Zoning Map may be initiated by the any qualified applicant identified in Section 17.96.020, Application Forms and Fees, the Director, Planning Commission, or City Council.
Application. A qualified applicant shall submit a n application for a zoning amendment on a form prescribed by the Planning Division accompanied by the required fee as prescribed in Section 17.96.020, Application Forms and Fees. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.
Coordination with Other Applications . Proposed zoning amendments may be processed concurrently with other related entitlement application requests.
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17.108.030 Review Procedures and Public Notice
Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a zoning amendment. The report shall include, but not be limited to, a discussion of how the proposed amendment satisfies the criteria and findings in Section 17. 108.060, Required Findings, for approving a zoning amendment and an environmental document prepared in compliance with CEQA.
Neighborhood Meeting. At the discretion of the Director, the applicant may be required to conduct a neighborhood meeting prior to an application being submitted or during the review of an application as set forth in Section 17.96.070, Neighborhood Meeting. The meeting may be required when in the opinion of the Director, the zoning amendment may have an impact on a neighborhood, the project is unique, or the project is of such scale or scope that it is likely to generate community interest.
17.108.040 Planning Commission Hearing and Recommendation Planning Commission Hearing. The Planning Commission shall conduct a t least one public hearing on any proposed zoning amendment and make recommendations to the City Council in conformance with the provisions of Section 17.96.090, Conduct of Public Hearing.
Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in Section 1 7.96.080, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. The recommendation shall include the reasons for the recommendation, findings related to the criteria for zoning amendments in Section 17.108.060, Required Findings, and the relationship of the proposed Code or amendment to other adopted documents and plans. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
17.108.050 City Council Hearing and Action
City Council Hearing . After receiving the report with the Planning Commission 's recommendation, the City Council shall hold a public hearing in accordance with Section
17.96.090, Conduct of Public Hearings.
Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in Section 17.96.080, Public Notice. The public hearing notice for the hearing shall include a summary of the Planning Commission recommendation. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment .
City Council Action. After conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment . If the Council proposes a substantial modification not
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previously considered by the Planning Commission during its hearings , the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing.
The failure of the Planning Commission to report within 40 days after the ref erral, or such longer period as may be designated by the legislative body, shall be deemed a recommendation to approve and the amendment shall be returned to the City Council for adoption.
17.108.060 Required Findings
The Planning Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following findings:
The proposed amendment is consistent with the goals, objectives, and policies of the General Plan;
That the proposed amendment will promote growth of the City in an orderly manner and will promote and protect the public health, safety, or welfare of the community; That the anticipated land uses on the subject site w ill be compatible with existing and future surrounding uses;
That the City’s inventory of residential lands for qualified housing sites has not been reduced; and
That the proposed amendment is consistent with any development related application that is processed and approved concurrently with the amendment application.
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Planned Development (PD) (Updated)
Sections:
17.112.010 Purpose ......................................................................................................................... IV-52
17.112.020 Procedure ..................................................................................................................... IV-52
17.112.030 Findings ......................................................................................................................... IV-52
17.112.010 Purpose
Planned Developments (PD) afford maximum flexibility and diversity in site planning and building design and layout while protecting the integrity and character of the residential, commercial , and industrial areas of the City. The design, configuration and impact of the proposed P lanned Development project shall be compared to the General Plan , the purpose and standard s of the applicable zone and any other applicable standards and design guidelines. The Planned Development zone provides for comprehensive analysis of project-related impacts while allowing for non-traditional or unique site plan design.
17.112.020 Procedure
Applications for a Planned Development shall be processed following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text.
17.112.030 Findings
In addition to the findings for approval of a zone change established in Section 17.108.060, Required Findings, each Planned Development application shall be analyzed to ensure that it is consistent with the purpose and intent of this Chapter. The City Council may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the Planned Development. The City Council may approve a P lanned Development if all of the following findings are made:
The site is physically suitable for the type and intensity of the land use being proposed; The proposed project would be harmonious and compatible with existing and future developments within the zone and surrounding area;
In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no l ess than, permitted for a similar development within the zone district;
The approval of the Planned Development for the proposed project complies with CEQA; The proposed project is consistent with the General Plan;
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The location, size, design, and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience , or welfare of the community; and
The proposed project , subject to the proposed integrated P lanned Development design, will be superior to development otherwise allowed in the underlying zone and, therefore, justifies the exceptions to the requirements of this Chapter.
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Precise Plans
Sections:
17.116.010 Purpose ......................................................................................................................... IV-54
17.116.020 Initiation of Precise Plan ............................................................................................. IV-54
17.116.030 Review Procedures and Public Notice ...................................................................... IV-55
17.116.040 Planning Commission Hearing and Recommendation .......................................... IV-55
17.116.050 City Council Hearing and Action ................................................................................ IV-55
17.116.060 Required Findings. ....................................................................................................... IV-56
17.116.010 Purpose
Purpose. A Precise Plan allows for a coordinated comprehensive framework of development objectives, standards, and design guidelines to fit unique opportunities and challenges , but does not typically include a financing or capital improvement program. A Precise Plan;
1. Provides unique and creative planning opportunities that may encompass a single or multiple properties;
2. Provides a tool for coordinating future public and private improvements on specific properties where special conditions of size, shape, land ownership, or existing or desired development require particular attention;
3. Facilitates the development of an exceptional project design that cannot be built under an existing zone or due to constraints of existing development standards ;
4. Furthers the implementation of specific goals and policies of the City as provided in the General Plan;
5. Looks beyond the limits of a particular property to solve circulation, drainage, utility, and/or other neighborhood compatibility concerns; and
6. Develops a long -term plan to guide future development that s pecifies allowed uses, intensity of use, relationship to neighboring properties, parking and circulation, open space, special design standards, public improvements, and procedures for development review that may differ from underlying zoning.
17.116.020 Initiation of Precise Plan
Initiation. A Precise Plan may be initiated for any r eason beneficial to the City by motion of the Planning Commission or the City Council, or by any qualified applicant identified in Section
17.96.020, Application Forms and Fees, or by application of property owner(s) of parcel(s) to be affected by the Precise Plan.
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Application. A qualified applicant shall submit an application for a Precise Plan on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees .
The Planning Commission or City Council may direct that specifi c information be provided at the time initial application is submitted.
17.116.030 Review Procedures and Public Notice
Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a Precise Plan. The report shall include, but not be limited to, a discussion of how the proposed amendment satisfies the criteria and findings in Section
17.108.060, Required Findings, for approving a Precise Plan and an environmental document prepared in compliance with CEQA.
Neighborhood Meeting. At the discretion of the Director, the applicant may be required to conduct a neighborhood meeting prior to an application being submitted or during the review of an application as put forth in Section 17.96.070, Neighborhood Meeting. The meeting may be required when in the opinion of the Director, the Precise Plan may have an impact on a neighborhood, the project is unique, or the project is of such scale or scope that i t is likely to generate community interest.
17.116.040 Planning Commission Hearing and Recommendation Planning Commission Hearing. The Planning Commission shall conduct a t least one public on any proposed Precise Plan and make recommendations to the City Council in conformance with the provisions of Section 17.96.090, Conduct of Public Hearing.
Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in Section 17.96 .080, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Precise Plan to the City Council. The recommendation shall include the reasons for the recommendation, the relationship of the Precise Plan to the General Plan, findings related to the criteria for Precise Plans in Section
17.108.060, Required Findings, and the relationship of the proposed Code or amendment to other adopted documents and plans. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
17.116.050 City Council Hearing and Action
City Council Hearing . After receiving the report with the Planning Commission's recommendation, the City Council shall hold a public hearing in accordan ce with Section
17.96.090, Conduct of Public Hearings.
Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in Section 17.96.080, Public Notice. The public hearing notice for the hearing shall include a summary of the Planning Commission recommendation. Notice of the
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hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
City Council Action. After conclusion of the hearing, the City Council may approve, modify, or deny the proposed Precise Plan by resolution in accordance with the requirements of this Code. If the Council proposes a sub stantial modification not previously considered by the Planning Commission during its hearings , the proposed modification shall first be referred back to the Planning Commission for report and recommendation , but the Planning Commission shall not be requir ed to hold a public hearing . The f ailure of the Planning Commission to report within 40 days after the ref erral, or such longer period as may be designated by the legislative body, shall be deemed a recommendation to approve and the Precise Plan shall be returned to the City Council for adoption.
17.116.060 Required Findings.
A Precise Plan shall not be adopted unless the following findings are made:
The proposed Precise Plan is consistent with the goals, policies, and objectives of the General Plan.
The proposed Precise Plan meets the applicable requirements set forth in this Code.
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Specific Plans
Sections:
17.120.010 Specific Plan Provisions .............................................................................................. IV-57
17.120.020 Mandatory Contents of the Specific Plan ................................................................. IV-58
17.120.030 Request for Specific Plan Process ............................................................................. IV-58
17.120.040 Specific Plan Preparation Process ............................................................................. IV-59
17.120.010 Specific Plan Provisions
Authority for Specific Plans. Pursuant to California Government Code § 65450 et seq., the City Council is authorized to prepare, adopt and implement Specific Plans for areas within the incorporated City boundary and/or the Woodland General Plan urban limit line.
Purpose of Specific Plans. The Specific Plan process provides an opportunity for unique and imaginative planning standards and regulations not provided through the application of standard zones. The Specific Plan should encourage the creative and imaginative planning of integrated, mixed-use developments which provide for a balance of residential, commercial, industrial, open space, and support land uses. A Specific Plan prepared in accordance with the requirements in this Chapter is intended to serve as a policy and regulatory document, with policy direction and project development concepts consistent with the General Plan, and the development s tandards and zoning included to address the unique situations within the Specific Plan area to provide regulatory controls . Once approved, a Specific Plan will include the zoning standards for the properties within the Specific Plan boundaries. Thus, a Specific Plan must contain sufficient detail to allow implement provisions and to describe to developers how properties within the Plan area may be developed.
Intent.
1. Pursuant to state law, after the City Council has adopted a General Plan, the Director may, or if so directed by the City Council shall, prepare Specific Plans for the systematic implementation of the General Plan for all or part of the area covered by the General Plan. Specific plans shall be utilized to implement the policy and intent of the General Plan and shall not be used to circumvent the General Pla n process in which general development policy is determined. The preparation and processing of Specific Plans shall be a collaborative effort. As such, the City, applicant, and other agencies shall work collaboratively to create a plan that conforms to the General Plan goals and policies.
2. This Section is intended to apply to areas designated “ Specific Plan Areas” in the General Plan. As an integral part of the Specific Plan process described in this Chapter, applicants shall comply with all infrastructure master plans adopted or being considered by the City pursuant to the General Plan, including, but not limited to, water, sewer, storm drainage, traffic, and parks.
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3. In the event there is a discrepancy between standards adopted within a Specific Plan and comparable regulations of the City Zoning Code, the standards and regulations made part of the Specific Plan shall prevail.
Fees. All costs associated with review and processing of Specific Plan s shall be the responsibility of the applicant. Upon the submittal of a formal Specific Plan application, the applicant shall be required to deposit and maintain an amount determined by staff to be sufficient to cover the estimated cost to process the application, including staff time, environmental review, consultant’s and attorney’s fees and other costs. All deposits shall be made pursuant to a written agreement in a form approved by the Director for advance of funds.
17.120.020 Mandatory Contents of the Specific Plan
A Specific Plan shall be established by ordinance, and each Specific Plan shall include at a minimum the requirements for a Specific Plan established in California Government Code § 65451. In addition, the Specific Plan shall include the information provided on the applic ation form and checklist for a Specific Plan submittal. It is expressly intended that information for projects which are long -term in nature or for which detailed planning may occur at a later date may provide some information at a conceptual level. If req uired elements are not provided, or are provided at a conceptual level, the Specific Plan shall include a schedule or program for providing these items and may be conditioned to require the provision of these items prior to the approval of development proj ects within the Specific Plan.
17.120.030 Request for Specific Plan Process
Initiation Procedures. A Specific Plan shall be initiated by the City Council by the adoption of a resolution of intention. Specific Plans may be initiated for any lands located within the urban limit line of the General Plan ; however, the City will not process a Specific Plan located in an area impacted by flooding until such time that a flood solution design has been approved and funding has been allocated.
Request for Specific Plan Process. A request for preparation of a Specific Plan may be made by a qualified applicant or by the City.
1. City. In the case of a City initiated and prepared Specific Plan, the City shall prepare a staff report to the City Council addressing the submittal requirements included in the “Request to Prepare a Specific Plan” for other applicants.
2. Applicants. A qualified applicant identified in Section 17.96.020, Application Forms and Fees, wishing to use a Specific Plan to implement General Plan policy shall petition the City requesting permission to prepare a Specific Plan for their project. The applicant shall file a “Request to Prepare a Specific Plan” with the Director and shall pay the appropriate fees. The applicant is not required to own or otherwise control the majority of the property requested to be included within the Specific Plan area.
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Pre-initiation Conference. Upon receipt of the petition, the Director shall schedule a pre - initiation meeting with the applicant within 30 days to review the Specific Plan process. Upon review of the petition, the Director has the discretion to propose enlargements or modifications to the proposed Specific Plan boundaries and scope of the project in order to facilitate comprehensive planning.
Preparation of Staff Report Recommending Disposition of Petition. The Director shall prepare a staff report, including a recommendation to accept or deny the petition.
Consideration by Planning Commission. The petition and staff report shall be scheduled as an item on the agenda of a Planning Commission meeting. No noticing or public hearings are required for a petition for a Specific Plan. The Planning Commission shall make a recommendation to the City Council on whether the petition should be accept ed or denied.
Their recommendation should state whether they think the proposed boundaries of the Specific Plan area are appropriate and consistent with policies of the General Plan. The Director shall transmit the Planning Commission’s written recommendat ion and complete record of the application to the City Council.
Consideration by City Council. The petition and staff report shall be scheduled as an item on the agenda of a regularly scheduled City Council meeting. Upon scheduling the petition at a meeting of the City Council, the Director shall conduct an initial notification of th e meeting.
This notification shall be sent to all property owners within the Specific Plan area, as well as those within 300 feet of the Specific Plan boundaries. The City Council may act to deny the petition or accept the petition directing that the applicant and the City prepare a Specific Plan for the area as proposed by the applicant, or as recommended in the staff report prepared by the Director, or as the City Council may otherwise determine. If the City Council accepts the petition, the Council shall adopt a resolution initiating the Specific Plan process, may direct the formation of a Technical Advisory Committee (TAC), and may consider formation of a Citizens Advisory Committee.
17.120.040 Specific Plan Preparation Process
Application. A qualified applic ant shall submit an application for a Specific Plan on a form prescribed by the Director as prescribed in Section 17.96.020 , Application Forms and Fees .
The Planning Commission or City Council may direct that specific information be provided at the time initial application is submitted. The application for a Specific Plan shall include accompanying diagrams and other pertinent information regarding propose d amendments to appropriate plans or proposals to amend zoning regulations. These diagrams and other information may consist of conceptual land use diagrams and objectives describing the proposed intent of urbanization. At a minimum, the Specific Plan should contain text and diagrams as specified in California Government Code § 65451. Project applicants should seek guidance from the Director prior to submitting an application for a Specific Plan.
Environmental Review. The City shall review the Specific Plan application and may identify information and technical studies necessary to complete an environmental review in compliance with CEQA.
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Citizen’s Advisory Committee. The City Council may appoint a Citizen’s Advisory Committee (CAC) to assist in the preparation and/or review of any Specific Plan proposal.
Technical Advisory Committee. As directed by the City Council, the City may convene a Technical Ad visory Committee (TAC) comprised of representatives of key City departments and other agencies to review and advise on technical matters of consequence to the Specific Plan. The TAC shall meet with the applicant as necessary to discuss key project issues and shall review technical matters as appropriate. The TAC shall provide the applicant with information regarding City policy, standards, and guidelines in response to the proposed Specific Plan. The City has the authority to determine the adequacy of documents pursuant to Subsection 17.120.040.E, Preparation.
Preparation. Prior to the preparation of the plan or other technical studies, the applicant shall meet with appropriate City staff and/or the TAC to review assumptions, methodology, data and information resources, time frame and scope of work. These items shall b e prepared to the satisfaction of the Director. The Specific Plan and accompanying technical documents and studies may be prepared by the applicant or applicant’s representative. The Specific Plan, and related technical documents are subject to the review and approval of the City. The Director has the authority to require revisions to technical information deemed necessary. In the event that consensus between the applicant and the City is not reached, the Director may require that alternatives to the plan be prepared and submitted for review. These alternatives may be required in order to meet the policies of the General Plan.
Staff Review of Draft Documents. In order to initiate the City’s formal application review process, the applicant shall indicate in writing the submittal of a formal “request to initiate staff review” along with all appropriate draft documents, such as draft technical studies and the draft Specific Plan. During its review, City staff may find the documents incomplete and may request additional information. The project shall not proceed further until all additional information is deemed adequate and complete.
Public Review and Comment. Following publication of the CEQA environmental document, the environmental document shall be circulate d for public review and comment as provided by state law and the City’s procedures for preparation and processing of environmental documents.
Planning Commission Consideration of Specific Plan.
1. The Planning Commission shall conduct a t least one public hearing on a proposed Specific Plan and make recommendations to the City Council in conformance with the provisions of Section 17.96.090, Conduct of Public Hearing.
2. Public Notice. At least 10 days before the date of public hearing, the Director sha ll provide notice as specified in Section 17.96.080, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the Specific Plan.
3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Specific Plan to the City Council on whether to adopt, reject or modify the proposed Specific Plan or amendments. The recommendation shall include the reasons for the recommendation and findings
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related to the supporting the recommendation . The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
City Council Consideration of Specific Plan.
1. City Council Hearing. After receiving the report from the Planning Commission, the City Council shall hold a noticed public hearing in conformance with Section 17.96.090, Conduct of Public Hearing.
2. Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in Section 17.96.080, Public Notice. The notice shall include a summary of the Planning Commission’s recommendation. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the Specific Plan.
3. City Council Action. The City Council shall review the Planning Commission’s recommendation. At the conclusion of the hearing, the City Council shall act by resolution to adopt, reject, or modify the Specific Plan or proposed amendment.
4. If the City Council, prior to approval of the Specific Plan, desires changes or modifies a major or significant portion of a proposed Specific Plan recommended by the Planning Commission, then the substantial changes and/or modifications must first be referred back to the Planning Commission for consideration, unless the Planning Commission considered similar changes and/or modifications as part of its deliberation.
Fees for Processing Specific Plans. The City Council may establish as a part of the resolution adopting a Specific Plan a fee or fees to be applied to a Specific Plan area in order to reimburse the City and/or the applicant for the costs of preparation, processing, and administration of the Specific Plan. Actual costs of said preparation and processing of the plan shall be assessed based on relative benefits to the affected property owners.
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Reserved
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Enforcement (Updated)
Sections:
17.128.010 Purpose ......................................................................................................................... IV-63
17.128.020 Enforcement ................................................................................................................. IV-63
17.128.030 Violation ........................................................................................................................ IV-63
17.128.040 Penalties ....................................................................................................................... IV-64
17.128.050 Remedies ...................................................................................................................... IV-64
17.128.060 Abatement .................................................................................................................... IV-64
17.128.070 Recording a Notice of Violation ................................................................................. IV-65
17.128.010 Purpose
This Chapter establishes the responsibilities of various departments, officials, and public employees of the City to enforce the requirements of this Zoning Code and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Code.
17.128.020 Enforcement
All departments, officials, and public employees of the City vested with the duty or aut hority to issue permits or licenses shall conform to the provisions of this Code, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Code, and any such permit or license issued in conflict with the provisions of this Code shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this Code pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure and it shall be the duty of the Director and the Zoning Administrator to enforce all other provisions of this Code.
17.128.030 Violation
In the event any person, firm, or corporation should erect, construct, move, or alter any building or structure in violation of the provisions of this title, or any use of any property conducted, operated, or maintained contrary to the provisions of this title shall be declared to be unlawful and a public nuisance. The City Attorney shall immed iately commence action or proceedings for the abatement, removal, and enjoyment thereof in a manner provided by law.
Any permit granted under the Zoning Code may be revoked in accordance with the provisions in Section 17.96.150, Revocation of Permits, if a ny of the conditions or terms of such permit
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are violated or if any law or ordinance is violated , except that no lawful residential use can lapse regardless of the length of time of the vacancy.
17.128.040 Penalties
Any person, firm, or corporation, whether as princ ipal, agent, employee or otherwise, violating or failing to comply with a mandatory requirement of this Title shall be guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in the Woodland Municipal Code Section
1.08.070, General penalty—Continuing violations—Aiding or abetting. A person, firm, or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of this Title is committed, continued, or permitted by such person, firm, or corporation, and shall be punished accordingly.
17.128.050 Remedies
The remedies provided in this Chapter shall be cumulative and not exclusive. Upon a fin ding of nuisance pursuant to t his Chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the Director, Planning Commission or City Council may impose any remedy available at law or in equity, which shall include, but is not limited to, any individual or combination of the following:
Ordering the cessation of the use in whole or in part;
Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;
Requiring continued compliance with any conditions so imposed; Requiring the user to guarantee that such conditions shall in all respects be complied with; or Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.
17.128.060 Abatement
Notices of violation shall be provided and recorded and nuisances abated, according to the following procedures.
Initiation. Proceedings under this Section to terminate, modify or condition (i.e., “abate” or if the context requires, “abatement”) any use, structure or building may be initiated by resolution of the Planning Commission or the City Council on its own accord or following recommendation by the Director. In either case, the resolution shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time a nd place for a public hearing on the proposed abatement. In the case of proceedings initiated by the Council, the resolution shall refer the matter for a public hearing before the Commission. A resolution initiating abatement proceedings may be adopted without a public hearing.
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Notice. Upon initiation of abatement proceedings, the Director shall give notice of a public hearing before the Commission pursuant to the provisions in Chapter 17. 96, Common Procedures. In addition, within the prescribed time period , the Director shall also mail the notice of the hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has fi led a written request with the Director for such notice.
Public Hearing. The Planning Commission shall conduct a noticed public hearing and shall provide for testimony by City staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.
Action. The Planning Commission shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the Commission finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this Chapter.
Decision and Notice. After the Commission takes abatement action to modify a permit, the Director shall issue a Notice o f Action describing the Commission's action, with its findings.
The Director shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the Director and shall file a copy of the Notice of Decision with the City Clerk. The Clerk shall present said copy to the Council at its next regular meeting.
Effective date; Appeal to Council. A decision to abate a nuisance shall become effective immediately after the date of decision unless appealed t o the Council within 15 days. If the Council finds, after a noticed public hearing, that the use, structure, or building constitutes a nuisance, it may impose any remedy provided for in this Chapter. If the Council finds that the use, structure, or building is not a nuisance, it shall reverse the decision of the Commission.
City Attorney Action. The City Attorney shall, upon order of the City Council, or on his or her own motion, immediately commence action or proceedings for the abatement and re moval and enjoinment of said public nuisance in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation fro m setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Code.
17.128.070 Recording a Notice of Violation
If compliance is not had with an order of the Director or the Bui lding Official to correct violations of this Code within the time specified, the City Manager may file in the Office of the Yolo County Recorder, a certified statement describing the property and certifying that:
1. The property and/or structure is in violation of this Code; and
2. The owner has been notified of the violation. The notice shall specifically describe the violations and a proof of service shall also be recorded with the Notice and Order.
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Whenever the corrections ordered have been completed, the Director shall file a new certified statement with the County Recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this Code.
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Reserved
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Division V: Definitions
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DIVISION V: DEFINITIONS
Definitions of Terms ................................ ................................ ....................... V-2 Definitions of Sign Terms ................................ ................................ ..............V-23 Definitions of Uses ................................ ................................ ........................V-29
Division V: Definitions
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Definitions of Terms
This Chapter provides definitions for terms that are commonly used throughout this Title. Refer to Chapter 17.144, Definitions of Uses, for definitions of all uses established in the use tables on Division II, Zone Regulations.
Abandoned, Abandonment. When, for the period of time established in Chapter 17.80 , Nonconforming Provisions , a nonconforming use is either vacated, the business license lapses, the lease is terminated, and/ or utilities are terminated.
Abutting, Adjoining, or Adjacent. Having a common property or district line.
Access. The place or way through which pedestrians and/ or vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Code.
Accessory Building. A detached building located on the same lot as the principal (main) building, the use of which is normally incidental, ancillary, and entirely secondary to that of the principal building.
Accessory Structure. A detached subordinate structure used only as incidental , or ancillary, to the main structure on the same si te or lot. Accessory structures include but are not limited to detached parking garages, gazebos, sheds, flagpoles, pool houses, and patio covers/sunshades, Accessory Use. A use that is customarily associated with, and incidental and subordinate to, the principal use of a building or land, is located on the same lot as the primary use . Accessory uses are typically not greater than 20 percent of the floor area of the primary structure or use.
Addition. Any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
Agent of Owner. Any person who can show written proof that they are acting for the property owner.
Alley. A public way permanently reserved for access to the rear o r side of properties otherwise abutting on a street.
Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance, and repairs.
Ancillary. Subordinate, connected with something, but less important than the main feature.
Providing necessary support to the primary activities or operation.
Antenna. Any system of wires, poles, rods, discs or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.
Appeal Board. The City Council shall act on appeals from the decisions of the Planning Commission.
Applicant. A person who requests in writing the approval of a permit, license, certificate, or other entitlement for use from one or more public age ncies. An applicant includes the owner of property for which the application is submitted or the owner’s authorized agent.
Application. The form and information submitted by an applicant. The form and information is to be used to determine whether to approve or deny permits or other entitlement for use.
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Appurtenant. Secondary or incidental; auxiliary.
Arcade. A public way passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing.
Area, Gross. The entire area within the boundaries of a project site, building, or lot, measured to the centerline of proposed bounding streets and to the edge of the right-of-way of existing or dedicated streets.
Area, Net. The developable area of a lot or parcel excluding streets or rights-of-way.
Artist. A person who has a reputation among his or her peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment, as judged by the Design Review Authority for the project. In determining whether an artist is qualified for a particular project, the Design Review Authority shall consider the following criteria:
a. The artist has demonstrated successful, creative, innovative, and eff ective approach in comparable projects as that proposed;
b. The artist has proven mastery or skill in at least one artistic medium; c. The artist’s ability to complete the project within a reasonable timeframe as judged by the Design Review Authority for the project; and
d. The artist’s prior experience in producing public art. If an artist does not have prior experience in producing public art, the artist shall be considered qualified if they have significant experience working as a professional artist as evidenced by the artist’s exhibit record, critical review, honors, and awards.
Automatic Irrigation System . An irrigation system that utilizes an automatic timing device (automatic controller) to remotely control valves for operation of water supply to landscapes.
Average Grade. A horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.
Awning. An architectural projection that p rovides weather protection, or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of non -rigid materials on a supporting framework, which projects from and is supported by the exterior wall of a building.
Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on or more than two sides. See “Deck.”
Basement. A story partly or wholly underground. See “Story.” Base Station. The power supplies, electronic equipment housed in cab inets and antennas at an existing wireless tower site that together comprise a wireless tower.
Bay Window. An angular or curved window that projects from the building surface.
Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping and is at least 70 square feet in area.
Division V: Definitions
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Block. Property bounded on all sides by a public right-of-way.
Block Face. All property between two intersections that fronts upon a street or abuts a public right- of-way.
Buffer, Buffering . An area on a parcel that is designed to separate structures and uses from the general public and/ or adjacent properties to reduce negative impacts. It may include landscaping, fences, and walls.
Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or property.
Building Envelope. The aggregate of building mass and building bulk permitted on a parcel, which is defined by height regulations, setbacks, and other property development standards.
Building Face. The general outer surface of the structure or walls of a building, excluding stoops, bay windows, columns, balconies, or other projecting architectural features.
Building Frontage. The building façade that directly abuts a public street, private street, parking lot driveway, parking spaces, pedestrian mall, or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street.
Building Height. The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof excluding chimneys, elevators, ventilation and air conditioning equipment, and parapet walls.
Building Official. The City’s Building Official or designee.
Building Site. A parcel or parcel of land occupied, or to be occupied, by a main building and accessory buildings together with such open spaces as ar e required by the terms of this title and having its primary frontage on a street, road, highway, or waterway.
California Department of Alcoholic Beverage Control (ABC) . The California State agency that regulates the permitting of alcoholic beverage sales, including the sale of beer, wine, and distilled spirits.
California Environmental Quality Act (CEQA) . California Public Resources Code § 21000 et seq. or any successor statute and associated guidelines (California Code of Regulations § 1500 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
California Model Water Efficient Landscape Ordinance (MWELO). See California Code of Regulations, Title 23. Waters, Divisions 2. Department o f Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance.
Cannabis. All or any parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purif ied, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from cannabis, and cannabi s as defined by the California Health and Safety Code § 11018, as it may be amended. For purposes of this Title, cannabis means and includes both cannabis for medical purposes and non -medical, adult -use purposes, unless otherwise specified, but does not include industrial hemp.
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Cannabis Business. A business activity including , but not limited to , transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building struc ture, or location, expressly including dispensaries and deliveries, and shall expressly include those commercial cannabis activities authorized and/or licensed by State law.
Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
Carport. A permanently roofed structure -providing space for parking or temporary storage of vehicles enclosed on not more than two sides.
Change of Occupancy . A discontinuance of an existing building use and substitution of a new use that changes the Building Code occupancy group classification and requires a Building Permit and new Certificate of Occupancy as determined by the Building Official.
Change of Use. A discontinuance of an existing use and the substitution therefore of a use such that the new use represents a different use group or is otherwise differently regulated by the zoning code compared to the prior use. A change of ownership alone does not constitute a change of use.
Chief of Police. The City of Woodland Chief of Police or designee.
City Council. The City Council of the City of Woodland.
City Manager. The manager of the City of Woodland or designee.
Cluster Housing. Housing that is configured as multiple units on one lot, typically as a group of detached individual units. Cluster housing typically includes shared vehicular access and open space.
Cottage court and drive court developments are considered cluster housing.
Co-location. The practice of sharing support structures and buildings by wireless telecommunications providers (either public or private).
Concealed From View. A tower or support structure, ancillary facility, or equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. Concealed facilities may be attached or freestanding. A concealed attached facility may include, but is not limited to, the following: faux windows, dormers or other architectural features that blend with an existing or proposed building or facility. Freestanding concealed antenna support facilities may have a secondary, function which may be, but is not limited to, the following: church steeple, windmill, bell tower or support structure, clock tower or support structure, light standard, or flagpole.
Conditionally Permitted. A use permitted subject to approval of a Conditional Use Permit.
Condominium. Real property consisting of an undivided intere st in common in a portion of a parcel of real property together with a separate interest in space in a multi-unit building on the real property.
Construction. Construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land together with any scientific surveys associated therewith.
Construction Cost. The total cost of any development project. Calculations shall be based on all aspects of construction and improvement costs, not to include system and operational eq uipment costs, grading, or sidewalks as declared on all Building Permit applications. Building Permit
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applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.
Cottage Court Development. A group of small, detached single unit structures, arranged to define a shared court that is typically oriented perpendic ular to the street. Units are typically one -story and access to shared drive aisles or shared parking areas is typically provided from the side or rear of the lot. Cottage court development is a type of cluster housing. Also known as bungalow court development.
Cottage Food Employee. An individual, paid or volunteer, w ho is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.
Cottage Food Operation. An enterprise that is accessory to a residential use and operated by a cottage food operator and not more than one full -time equivalent cottage food employee, not including a family member or household member of the cottage food operato r, within the registered or permitted area of a private home where cottage food products are prepared or packaged for direct or indirect sale to consumers, as defined and may be amended by the California Department of Public Health, California Health and Safety Code § 113758. Gross annual sales are regulated by and subject to the provisions of California Health and Safety Code § 113758.
Cottage Food Operator. An individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.
Cottage Food Products. Non-potentially hazardous foods, including foods that are limited to and described in the California Health and Safety Code § 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.
Council. The City Council of the City of Woodland.
Court, or Courtyard. An open unoccupied space, on the same lot with a building or buildings and bounded on two or more sides by such building or buildings.
Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis or any part thereof.
Curb Cut. A break in a curb allowing vehicles access from the roadway to a legal parking area within the parcel.
Deck. A platform, either fre estanding or attached to a building that is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a patio. See “Balcony.” Demolition. The destruction, dismantling, or removal of a building or structure, or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of this Code.
Density. The ratio between dwelling units and land, expressed as the number of dwelling units per gross acre.
Density Bonus. A density increase granted in accordance with California Government Code § 65915 and Woodland Municipal Code Chapter 15.16, Affordable Housing.
Department. The Community Development Department.
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Developer. The person or entity that is financially and legally responsible for the planning, development, and construction of any development project, who may, or may not, be the owner of the subject property.
Development. Any man -made change to improved real estate, including, but not limited to, the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enl argement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.
Development Agreement . An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and that complies with the applicable provisions of the Government Conde and local laws for such development agreements.
Director. The Community Development Director, or designee.
Direct Sale. A transaction between a cottag e food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.
Discretionary Permit . A Zoning Administrator Permit, Variance, Temporary Use Permit, Planned Development Permit, or Conditional Use permit or any other appealable permit that requires findings to be made.
Drip Irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Drive Court Development. A group of detached single unit structures or duplexes arranged to fa ce a central shared drive aisle. The shared drive aisle typically provides access to individually secured, attached garages. The drive aisle may extend partwa y into a lot, through to a rear alley, or between rights-of-way when located on a through lot. Drive Court development is a type of cluster housing.
Driveway. An access way that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.
Drought-Tolerant Plant. A plant that is adapted to arid or drought conditions. The use of drought - tolerant plants is essential to a successful xeriscape, which ideally requires no supplemental irrigation.
Dwelling. Any building or portion thereof designed or used exclusively for residential occupancy.
Dwelling Unit. One or more rooms and a single kitchen area designed for occ upancy by one family for living and sleeping purposes.
Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.
Eave. The projecting lower edges of a roof overhanging the wall of a building.
Effective Date . The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated . The Effective Date is also the date upon which this Zoning Code is in full force and effect from and after its adoption by the City Council.
Division V: Definitions
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Electronic Submittal. The submission of materials via electronic mail.
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Enclosed. Surrounded by walls, including windows, doors, and similar opening or architectural features.
Entitlement. Formal permission from the Planning Division to use or develop lan d, including Zoning Clearances, Development Permits, and Conditional Use Permits, but not including legislative actions such as Rezones and Plan Amendments. An individual entitlement may be sufficient for a project to proceed or may need to be used in conjunction with another entitlement.
Entrance. An opening, such as door, passage, or gate, that allows access to a place.
Environmental Impact Report (EIR) . An Environmental Impact Report as required under the California Environmental Quality Act.
Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.
Excavation. The removal of soils or other materials below grade.
Existing Grade. The elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a Building Permit or grading permit. Existing grade also may be referred to as natural grade.
Façade. Exterior, outer being on the outer side, situated or being outside; the outer surface. The face of the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.
Façade, Street Facing . Any building façade whose exterior wall faces or is within 45 degree s of an adjacent street, right of way, or public park, plaza, or open space.
Family. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel, as de fined by this Title.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fee. A payment to the City for the processing of a permi t, license, or appeal application by a City agency or department.
Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land. Fences may also be walls, hedges, and screen planting.
Final Map. A map showing a subdivision of five or more lots, prepared for filing with the Yolo County Recorder in accordance with the provisions of the Subdivision Map Act and Part IV: Land Divisions, if deemed in substantial compliance with a previously approved tentative subdivision map and with any conditions to such approval.
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Floor Area Ratio (FAR). The ratio of the total gross floor area of all buildings on a lot to the lot area.
See Section 17.08.030, Rules of Measurement.
Floor Area, Gross. The total gross horizontal area of all the floors below the roof and within the outer surface of the walls of a building or structure, including basements, mezzanines, interior balconies, and upper stories or levels in a multi-story building unless otherwise stipulated.
Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
Flush-mounted. Any antenna or wireless communication antenna array attached directly to the face of the support facility or building such that the antenna extends a minimal distance of eighteen inches beyond the width of the support facility or building. Where a maximum flush -mounting distance is given, that distance shall be measured from the outside edge of the support facility or building to the inside edge of the antenna.
Footprint. The horizontal area, as seen in plain view, of a building or structure, measured from the outside of exterior walls, and supporting columns, and excluding eaves.
Frontage, Lot or Parcel. The portion of property that abuts one side of a public street which allows primary access to the property. The public street frontage for residential lots fronting on a curved street, or on the curved portion of a cul-de-sac street, shall be measured along a chord located 20 feet from the edge of the street right-of-way.
Fully Shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fix ture, is projected below the horizontal. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not full y shielded.
Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed, and maintained for the parking or storage of one or more motor vehicles.
General Plan. The City of Woodland 2035 General Plan adopted by City Council by Resolution 6836 on May 16, 2017, and as may be amended in the future.
General Plan Land Use Designatio ns and General Plan Land Use Diagram . The designation depicted on Figure 2 .5 of the General Plan entitled “Land Use Diagram” and the Land Use Diagram itself.
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability, and which may also cause damage to property.
Grade. The location of the ground surface.
Graffiti. Marks, such as inscriptions, drawings, or design, which are placed, scratched, etched, painted, or sprayed on public or private property without owners’ consent.
Ground Floor. The lowest floor of a building other than a basement that is closest to finished grade.
Ground Floor Street Frontage. The first level of a building, other than a basement that borders a public street.
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Guest House. Living quarters within an accessory building for use by temporary guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.
Habitable Space. As defined in the California Building Code § 202.
Habitation. Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.
Half-plex. See “Split Lot Duplex.”
Hazardous Materials. Any material, includin g any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Hedge. Any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contract with the branches of any other plant in the line.
Height. The vertical distance from a point on the ground below a structure to a point directly above.
Hip Roof. A roof that slopes upward from all sides of a structure, having no vertical ends.
Historic Resource. A resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources and/or including the local register of historical resources. A "potentially historic resource" is a resource associated with events that have made a si gnificant contribution to the broad patterns of California's history and cultural heritage; is associated with the lives of persons important in our past; embodies the distinctive characteristics of a type, period, region, or method of construction, or rep resents the work of an important creative individual, or possesses high artistic values; or has yielded, or may be likely to yield, information important in prehistory or history. A site specific historic evaluation may be necessary to determine historic significance.
Household. One or more persons living together in a single dwelling unit, with common access to , and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, in cluding rent or mortgage payments, food costs and utilities; and who maintain a single mortgage, lease, or rental agreement for all members of the household.
Hydrozone. A portion of the landscaped area that includes plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
Illegal Nonconforming Use or Site Feature . A use, structure, site feature or lot shall be designated as having Illegal Nonconforming status if it was not lawf ully established under the regulations of the jurisdiction in which it was located at the time of its establishment or has not continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter.
Impervious Surface . An artificial surface such as pavement that allows little to no water to pass through. Examples of impervious surfaces are roofs, asphalt, concrete, crushed gravel, compacted soil.
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Indirect Sale. An interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to the California Health and Safety Code § 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.
Intensity of Use . The extent to which a particular use or the use in combination with other use s affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include, but are not limited to, FAR, density, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or, in eating establishments, th e number of seats.
Interior. The inner or indoor part of something, especially a building; the inside; being within.
Kitchen. A room or space within a building with appliances used for cooking or preparing food.
Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features ( e.g., walls, fences, hedges, trellises, fountains, sculptures), bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.
Lattice tower . A three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
Legal Non conforming Use, Structure, or Site Feature . A use, structure, or site feature shall be designated as having Legal Nonconforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment, and has continuo usly remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter, based on evidence provided by the property owner, tenant, or applicant. Legal Non conforming status shall also be assigned if nonconformities were created by a public improvement, such as a street widening project.
Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
Liquor Establishment.
Off-sale Liquor Establishment. Any establishment which is applying for or has obtained a liquor license from the California Department of Alcoholic Beverage Control, including Type 20 (off-sale beer and wine), Type 21 (off -sale general), for selling alcoholic beverages in an unopened container for the consumption off the premises. Off-sale liquor establishment shall not include food markets, supermarkets, drugstores, or any establishment in which sales of alcoholic beverages constitute less than 20 percent of total sales. The owner/operator shall submit evidence of total sales to the City A ccounting Department, upon request by City officials, for the purpose of verifying compliance with this Title.
On-sale Liquor Establishments. Any establishment where alcoholic beverages are sold, served, or given away for consumption on the premises, including, but not limited to, any facility which has obtained a California Departmen t of Alcoholic Beverage Control License.
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Typical on-sale uses include, but are not limited to, the following establishments: ballrooms, dance bars, piano bars, billiard and/or game parlors, nightclubs, or other private clubs. This definition shall not incl ude bona fide restaurants as defined herein, veterans’ clubs, or the following fraternal organizations: Elks Club, Moose Club, or Eagle Club. Fraternal organizations not listed may be exempt if approved by the Planning Commission.
Loading Space. An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
Local-serving or Neighborhood-serving. Having a market area generally not exceeding one mile in radius.
Lot. A parcel of land shown on a subdivision map, parcel map or record of survey map or described by metes and bounds and recorded in the office of the County Recorder of Yolo County, and/or a building site in one ownership having an area for a building or bui ldings, together with such yards, open spaces, or width, and lot areas as are required by this title, and have frontage upon a public street, road or highway (other than an alley), unless otherwise approved.
Lot, Corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.
Lot, Flag. A lot so shaped and designed that the main building site area does not have street frontage but is connected to the street by a strip of land which is used for access purposes.
Lot, Interior. A lot other than a corner lot.
Lot, Through. A lot having frontage on two parallel or approximately parallel streets.
FIGURE 17.136 -2: LOT TYPES
Lot Area. The total horizontal net area within the lot lines of a lot or parcel exclusive of streets, highways, roads, and alleys.
Lot Coverage. The area of a lot occupied by buildings. It shall not include fences, walls, hedges, swimming pools, or uncovered patios. See Section 17.08.030, Rules of Measurement.
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Lot Depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline.
Lot Line Adjustment. A shift or rotation of an existing lot line or other adjustment where a gr eater or lesser number of parcels that originally existed is not created.
Lot Line, Front. In the case of an interior lot, a line separating the lot from the street right-of-way. In the case of a corner lot, the owner may choose which street they shall designate as the front of the lot. In the case of a flag lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained. See “Determining Lot Frontage” in Section 17.08.030, Rules of Measurement.
Lot Line, Rear. A lot line that is opposite and most distant from the front lot line or, in the case of an irregular or triangular-shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.
FIGURE 17.136 -1: REAR LOT LINE FOR PURPOSES OF DETERMINING SETBACKS
Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear property lines.
Maintenance and Repair . The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.
Mansard Roof. A roof having two slopes on all sides with the lower portion having a steeper slope than the upper portion. This definition shall apply to any roof having a flat upper portion and sloped sides.
Manufactured Home. A manufactured home is built in a factory or warehouse in accordance with building codes set forth by the U.S. Department of Housing and Urban Development (HUD). The homes are. transported to the home site, either in sections or as a whole, and installed on either a temporary or permanent foundation. In most cases, they will be permanently affixed.
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Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel.
Mobile Home. As defined in the California Health and Safety Code § 18008 or manufactured home as defined in the California Health and Safety Code § 18007, a movable dwelling constructed on a chassis, designed for use without a permanent foundation, and designed to be connected to utilities.
Excludes manufactured modular housing designed to be placed on a permanent foundation and recreational vehicles, recreational vehicles as defined in the California Civil Code § 799.24 and the California Health and Safety Code § 18010, commercial coaches, and or factory -built housing, as defined in the California Health and Safety Code § 19971.
Modular Building. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes. A modular unit will be built to comply with the Uniform Building Code.
Modular Home. A modular home is like a traditional home, placed on a permanent foundation. The house structure is partially constructed in a factory and shipped to the homeowner’s lot. The construction of a modular home must comply with local building codes and standards in the area where the home will be placed.
Monopole. A structure of single pole (non -lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.
Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, mode rating soil temperature, and preventing soil erosion.
Nonconforming Building. A building or structure or portion thereof lawfully existing at the time of the adoption of this title, and which does not conform to the applicable regulations of this title.
Includes any building or structure or portion thereof lawfully existing in an area annexed to the City at the time of such annexation, and which does not conform to the applicable regulations of this Title.
Nonconforming Lot. A legally created lot of land ha ving less area, frontage, or dimensions than the existing Code requires in the zone in which it is located.
Nonconforming Use. A use which lawfully occupies a building or land at the time of the adoption of this title, and which does not conform to the applicable regulations of this title. Includes any use which lawfully occupies any building or land in an area annexed to the City at the time of such annexation, and which does not conform to the applicable regulations of this title.
Occupancy Group . The Bui lding Code use category for determining requirements for building construction elements and life safety system requirements.
Occupant Load. As defined and determined in the Woodland Municipal Code Chapter 15.04, Building Codes.
Off-site Use. An activity or accessory use that is related to a specific primary use but is not located on the same lot as the primary use.
Onsite. Located on the lot that is the subject of discussion.
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Open Space, Common . Any outdoor area, not dedicated for public use, which is desig ned and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.
Open Space, Private . Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guest.
Open Space, Usable . Outdoor areas that provide outdoor living and/ or recreation for the use of residents.
Overlay District or Overlay Zone . A zoning designation specifically delineated on the Zoning Map establishing land use requirements that govern in addition to the standards set forth in the underlying zone.
Parapet. A low wall or railing extending above the roof and along its perimeter.
Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. Parcel shall also include two or more parcels where the owner(s) have recorded a covenant with the office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations. Also referred to as “lot.” Parcel Map. A map prepared in accordance with the provisions of this Subdivision Title, designed to be placed on record in the office of Yolo County Recorder, and providing for the division of land, which meets the exceptions, set forth in the Subdivision Map Act § 66426.
Parking Area. A permanently surfaced open area, other than a street or alley, used for the parking of motor vehicles, either free, for compensation, or as an accommodation for resident, clients, or customers. See Chapter 17.68, Parking and Loading.
Parking Facility. An area of a lot , parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
Parking Space. A permanently surfaced space, directly accessible to a driveway, street, or alley, exclusive of access, driveways, ramps, or maneuvering areas, designed or used for the parking of one motor vehicle. See Chapter 17.68, Parking and Loading.
Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not enclosed by walls and typically is located at grade or supported by minimal footings.
Patio Covers. Structures that are attached or detached from the primary residence, open on at least three sides and covered overhead. The term "patio covers" includes sunshades and similar structures.
Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.
Performance Standards. A set of criteria or limits relating to nuisance elements, which a particular use of process may not exceed.
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Permit. Any Conditional Use Permit, Temporary Use Permit, Building P ermit, license, certificate, approval, or other entitlement for development and/ or use of property as required by any public agency.
Permitted Use. Any use or structure that is allowed in a Zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that Zone.
Person with Disabilities. Under the Americans with Disabilities Act, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; or (2) has a record of such an impairment; or (3) is regarded as having such an impairment.
Personal Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis or any part thereof, conducted by an individual for personal use, and not intended or conducted for sale, resale, or other commercial activity.
Pervious Surface. A surface that releases as runoff a small portion of the precipitation that falls on it. Pervious surfaces include but are not limited to vegetated areas, bark, crushed open stone such as decomposed granite, and permeable pavers. See Low Impact Development Requirements in Section
5.3 of the City of Woodland Post-Construction Standards Plan.
Planning Commission. The Planning Commission of the City of Woodland.
Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typical ly surrounded by building frontages.
Pocket Park. A park of one -half to two acres in size that intended to serve the needs of a smaller, specific neighborhood located within a half-mile radius of the pocket park.
Podium. A continuous raised platform suppor ting a building or a large block of two or three stories beneath a multi. story block of smaller area.
Porte-Cochère. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of w hich is to shelter persons entering and exiting a building.
Pre-Existing. In existence prior to the effective date of this Code.
Primary Caregiver. Shall have the same definition as set forth in California Health and Safety Code § 11362.7(d), as it may be amended.
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Code. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
Public Art. An original work of a permanent nature in any variety of media produced by an artist that may include sculpture, murals, photography, original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media, furnishing, or fixtures permanently affixed to the building or its grounds, or a combination th ereof, and may include architectural features of the building such as decorative handrails, stained glass, and other functional features that have been enhanced to be visually appealing. Public art does not include the following:
a. Art objects that are mass produced of standard design such as playground equipment, benches, statuary objects, or fountains;
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b. Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect (this shall not preclude the architect from being the artist if such individual meets the definition of “artist” as provided above); c. Landscape architecture and landscape gardenin g except where these elements are designed by the artist and are an integral part of the work of art by the artist; d. Directional elements such as super graphics, signage as defined in the City of Woodland Municipal Code, or color-coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; e. Interpretive programs;
f. Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, printmaking, or other media arts, specifically commissioned by the City; g. Existing works of art offered for sale or donation to the City, which do not have an established and recognized significance as public art among arts professionals and art appraisers as determined by the Design Review Authority;
h. Logos or corporate identity.
Public Art Fund. A fund established and maintained by the City of Woodland for the purpose of acquiring, commissioning, designing, installing, placing, improving, and/or maintaining public art.
Public Improvement. Street work, utilities, and other facilities proposed or r equired to be installed within the subdivision for the general use of all the subdivision lot owners and for local neighborhood or community needs.
Public Resource Code. The Public Resources Code of the State of California.
Public Works Director. The Director of the Department of Public Works, or designee.
Qualified Applicant. The property owner, the owner’s agent, or any person or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has enforceable proprietary interest in such land.
Qualified Patient. A person identified in California Health and Safety Code § 11362.7(c) or (f), as they may be amended.
Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.
Recreational Vehicle. Any vehicle or trailer designed, or modified for use as a camp car, truck camper, motor home, travel trailer, trailer coach, camping trailer ; with or without motive power; designed for human habitation or other occupancy. Truck-mounted, or permanently towable on the highways without a permit. They must contain less than 320 square feet of internal living ro om area (excluding built -in equipment and including, but not limited to wardrobe, closets, cabinets, kitchen units, fixtures, and bath or toilet rooms) and 400 square feet or less of gross area measured at maximum horizontal projections (see California Health and Safety Code § 18010).
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Registered or Permitted Area. The portion of a private home that contains the private home’s kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.
Remainder. That portion of an existing parcel, which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision.
Restore. Return to a former condition or renovate or as to return to its original state.
Review Authority . The b ody or City staff person responsible for making decisions on zoning and related applications.
Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, railroad, electric transmission lines, oi l or gas pipeline, water line, sanitary storm sewer, or other similar use.
Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.
Roofline. The top edge of a roof or building parapet, whoever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
Rowhouse. A single-family dwelling that shares a party wall with another of the same type placed side-by-side with dedicated private open space for each unit. Each unit has its own front access located at the ground floor. Also known as a townhouse or townhome.
Runs with the Land. A covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property.
Rustication. A type of decorative masonry that provides a purposefully rough or patterned surface for exterior masonry walls.
Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street or public views.
Setback. The distance between the parcel line and a building, not including permitted projections that must be kept clear or open.
Sidewalk. A paved, surfaced, or leveled area, parallel and usually separated from the street, used as a pedestrian walkway.
Sidewalk Café. Any outdoor dining area located in or adjacent to any public sidewalk or right of way that is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.
Signs. See Chapter 17.72, Signs, for all signs definitions.
Site. A parcel or group of contiguous parcels that is proposed for development in accordance with the provisions of this Code and is in a single ownership or under unified control.
Small Residential Rooftop Solar Energy System . A solar energy system that meets all of the following criteria:
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a. Is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; b. Conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards; c. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;
d. Is installed on a single- or duplex-family dwelling; and e. The panel or module array does not exceed the maximum legal building height as defined by the City.
Solar Energy System. A solar energy system as defined in California Civil Code § 801.5(a)(1) and (2), as such Section or subdivision may be amended, renumbered, or redesignated from time to time.
Specific, Adverse Impact . A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Split Lot Duplex. A dwelling unit designed exclusively for occupancy by one family and attached to one other similar unit located on separate parcels of land. Also referred to as “half-plex” or “single- family attached” (see Chapter 17.144, Definitions of Uses).
Stable. A detached accessory building for the shelter of houses or other hoofed animals.
Standard Specifications. The Standard Specifications of the Department of Public Works of the C ity as may be amended from time to time.
Stealthing. Improvements or treatments added to an improvement which mask or blend the proposed improvement into the existing structure or visual backdrop in such a manner as to render the improvement minimally visible to the casual observer.
Story. That portion of a building included between the surface of any floor and the surface of any floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
Street. A public thoroughfare 30 feet or more in width, other than an alley, which affords the principal means of access to abutting property.
Street Tree. A tree fronting private property within the street right-of-way.
Structural Alterations. Any change in the supporting members of a building or structure such as bearing walls, columns, beams, girders, or rafters.
Structure. Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including swimming pools, but not including fences or walls used as fences 72 inches in height or lower.
Swimming Pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.
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Target Population. Adults with low-income having one or more disabilities including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act, a nd may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.
Temporary Use. A use that is intended to be o f a limited duration of time and that will not permanently alter the character or physical facilities of the property where it occurs.
Tenant. A person who rents, leases, or subleases, through either a written or an oral agreement, real property from another.
Tentative Map. A map made for the purpose of showing the design and improvements of a proposed parcel map or subdivision and the existing conditions in and around it.
Townhouse. See “Rowhouse.”
Travel Trailer. See “Recreational vehicle.”
Tripartite Design. Building façade design in which architectural elements such as cornices, eaves, step-backs, or change of material are employed to create a distinct base, middle and top.
Use. The purpose for which a lot or struct ure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered, or enlarged. All uses are listed in Chapter
17.144, Definitions of Uses.
Use Classification. A system of classifying uses into a limited number of use types based on common functional product, or compatibility characteristics. All use types are grouped into the following categories: residential, commercial, public/institutional, industrial, transportation, communication, and utilities, and temporary.
Use Permit. A permit approved by the Planning Commission for any use listed as a conditional use in that zone.
Use Type . A category, which classifies similar uses based on common functional, product, or compatibility characteristics.
Use, Conditional. A use that may be suitable only in specific locations in a zone or only if such use is designed or laid out on the site in a particular manner. Also referred to as a “conditionally permitted use.”
Use, Permitted. A permitted use not requiring a conditional use permit in that zone.
Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and wave.
Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity waling or driving on a public road.
Wall. Any exterior surface of building or any part thereof, including windows.
Window. An opening in a wall of a building that is filled with glass in a frame. They typically allow light and air into the interior of a building, but also serve as mediums for viewing merchandise in commercial properties.
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Wireless Telecommunication Facility, or Telecommunications Facility. Any structure, antenna, pole, equipment and related improvements which support the wireless telecommunications industry in the transmission and/or reception of electromagnetic signals.
Wireless Tower. Any structure built for the sole or primary purpose of supporting antennas and their associated facilities used to provide services licensed by the FCC, including a lattice tower and monopole. A water tower, utility tower, street light, or other structure built primarily for a purpose other than supporting services licensed by the FCC, including any structure installed pursuant to California Public Utilities Code Section 7901, is not a wireless tower for purposes of this definition.
Yard. An open space other than a court on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
Yard, Front. A yard extending across the full width of the lot measured between the front property line and the nearest vertical support or wall of the main building.
Yard, Rear. A yard extending across the full width of the lot measured between the rear property line and the nearest vertical support or wall of the main building.
Yard, Side. A yard extending from the front yard to the rear yard measured between the side lot line and the nearest vertical support or wall of the main building.
FIGURE 17.136 -3: YARD TYPES
Zone. A specifically delineated area in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
Zoning Administrator. The officer designated to perform the duties and exercise the powers of the Zoning Administrator as set forth in this title or the designated representative of such officer.
Zoning Administrator Permit. A Minor Conditional Use Permit approved by the Zoning Administrator.
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Zoning Map. A map or maps that were adopted to implement the Zoning Code and delineate the boundaries of zones within the City.
Zoning Code. The Code codified as Title 17 of the Woodland Municipal Code.
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Definitions of Sign Terms
Balloon. A brightly colored bag made of flexible material, inflated with air or other gas, and sealed, often to make it rise in the air.
Balloon Bobber. A reusable pre -formed balloon with regular air made of a durable PVC vinyl that does not need to be inflated, and typically attached to a short pole.
Building Element. The maximum lineal dimension of an exterior wall, excluding canopies and projections, measured on a straight line parallel to the site's street frontage.
Candela. A measure of luminous intensity. It is a measure of radiant power, rather than energy, and it is weighted in terms of the eye sensitivity curve.
Commercial Message. A message conveyed by any sign that is solely intended to interest, entice, or solicit any person to participate in commercial transactions with a business, including offers of goods, cash, discounts on products or services, or other items, including the offering of free goods or services made in exchange for or with the intent to induce the recipient’s willingness to receive inf ormation relating to a possible commercial transaction.
Conformance. A sign shall be said to conform when it meets all the standards and regulations established by this Title and the Uniform Building Code, as adopted by the City of Woodland.
Digital Display Areas. Any characteristic or portion of a sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, bl inking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.
Electronic Message Display Technology. A sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. A sign utilizing electronic message display technology is not a Single - or Two-Color LED Sign.
Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.
Historical P laque. A sign that memorializes a person, event, building, former use of a place, or something else of historical significance.
Illumination, Direct. Illumination resulting from light emitted directly from a light bulb or light fixture, and not light diffused through translucent signs or reflected from other surfaces such as the ground or a building face.
Illumination, External. Illumination on the face of the sign reflecting light from an external light source intentionally directed upon it.
Illumination, Halo. A form of sign illumination in which neon tubing, LED, or similar lights are mounted within the letter to illuminate the mounting surface causing a halo of light around the letter.
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Illumination, Internal. A form of internal sign illumination that includes cabinet signs, single -color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
Landscape Area. For purposes of sign regulation, an area surrounding the base of a freestanding sign, and containing living plant materials with or without a fixed border.
Laser Light Display. A display that emits light through the use of a laser beam(s).
LED (Light Emitting Diode). A semiconductor diode that emits light when a voltage is applied to it.
Logo. See “Sign, Logo.”
Maintenance. The upkeep of signs, and their support structures, in a condition of good repair. This includes the replacement or repainting of sign faces which have been damaged or have otherwise lost their ability to convey the message intended. Maintenance does not include the changing of location, orientation, size, or height of a sign.
Major Architectural Feature. Ornamentation or decorative features attached to or protruding from an exterior wall. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels and dentils, windows, chimneys, and decorative ornaments.
Neon. An illumination source created when a glass tube filled with neon or other similar gas emits light when energized. The tube can be bent to form letters, symbols, or other shapes.
Nonprofit. Any person(s), partnership, association, corporation, or other group whose activities ar e conducted for unselfish, civic, or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group and may include, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities.
Pan Channel Letter. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter. The metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to wall of a building. The sign face is usually made of colored plastic attached to the metal pan to seal it off from pests and harsh weather.
Plate Line. The uppermost horizontal line of a building wall upon which the roof above rests.
Professionally Crafted or Painted Sign. A temporary or permanent sign that is made to a high standard by a competent individual(s) skilled in sign design, fabrication, and installation. Can be made of wood, metal, or other similar material.
Raceway. An enclosed conduit for electrical wiring.
Search Lights. Lights which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights.
Sign. A structure, device, figure, display, message placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object, person, institution, business, product, service, message, event or location b y any means, including words, letters, figures, designs, symbols, pictures, colors, or illumination.
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Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.
Sign, Abandoned. Sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.
Sign, A-Frame. A pedestrian oriented sign that is not permanently affixed to a structure or the ground to advertise special goods, services, or products offered on the site (also known as a Sandwich Board Sign or an Upright Sign).
Sign, Awning. Any permanent sign that is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.
Sign, Bandit. Any sign that is placed on public property or on private property without the consent of the property owner or as authorized in Chapter 17.72, Signs.
Sign, Banner. A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely attached to a wall or support structure.
Sign, Billboard. A permanent structure for the display of a commercial or non-commercial message.
Sign, Blade. A permanent sign mounted to the wall of building by means of a bracket and which is typically hung perpendicular to the wall of the building.
Sign, Building Identification. A sign consisting of letters or numbers applied to a building wall, engraved into the building material or consisting of a sculptural relief which contains the name of the building or describes its function, but which does not advertise any individual tenant of the building or any products or services offered.
Sign, Building Mounted. Sign attached to, connected to, erected against the wall, parapet, or fascia of a building or structure with the exposed face of the sign in a plane parallel to the vertical face of the building or structure.
Sign, Cabinet. A permanent building-mounted or freestanding sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet either that contains the lighting fixtures which illuminate the sign face from behind.
Sign, Canopy. A permanent s ign that is painted, or mounted to a canopy, typically used to accent building entries.
Sign, Changeable Copy. A sign that is designed so that characters, letters, numbers, or illustrations can be manually or mechanically changed or rearranged without alt ering the face or surface of the sign.
Sign, Channel Letter Sign. A sign made with three dimensional, individually manufactured letters, figures, or other symbols which may contain a light source that illuminates the front face of the sign’s letters, figures, or other symbols.
Sign, Copy. Any graphic, word, numeral, symbol, insignia, text, sample, model, device, or combination thereof that is primarily intended to advertise, identify, or notify.
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Sign, Digital Billboard Sign. An outdoor sign utilizing electronic message display technology, capable of changing the static message or copy on the sign electronically that has one or more dynamic digital display areas.
Sign, Directional. A freestanding or building -mounted sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.
Sign, Directory. A freestanding or building-mounted sign on a multi-tenant site or building providing information including a list of tenants and occupants, addresses, and suite numbers o r a map of the building or complex. These signs are typically internal to a center, oriented to pedestrians, or motorists circulating in a parking lot rather than vehicles travelling on an arterial street.
Sign, Electronic Message. A sign or portion of a sign that utilizes computer -generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. An Electronic Message Sign is not a Single- or Two-Color LED Sign.
Sign, Feather Banner. A sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.
Sign, Freestanding. A sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.
Sign, Freeway Oriented. Signs in the freeway corridor, a zone measuring 1,320 feet from the center line of the freeway. The width of the storm channel shall not be included in determining this distance.
Sign, Fuel Pump Topper. A sign affixed to the top of an operable fuel dispe nsing pump used to advertise goods offered for sale on the same parcel on which the fuel pump is located.
Sign, Hanging. A sign that is suspended from the underside of a surface and is supported by such surface.
Sign, Incidental. A sign which provides in cidental information, including security, credit card acceptance, business hours, directions to services and facilities, or menus.
Sign, Individual Letter. A cut-out or etched letter or logo which is individually mounted on a building wall, or freestanding sign
Sign, Landmark. A sign determined by the City to have attained a high degree of community, cultural, aesthetic, or historic significance.
Sign LED. A sign consisting of light emitting diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied.
Sign, Logo. A stylized group of letters, words, numbers, or symbols used to represent and distinguish a business or product.
Sign, Marquee. A permanent sign structure placed over the entrance to a building and typically used for a theater or other entertainment use.
Sign, Monument. A freestanding sign, with a solid base that is equal to or larger than the width of the sign face.
Sign, Nonconforming. Any sign legally established prior to the Effective Date which does not fully comply with the standards imposed by the individual sections of this Code.
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Sign, Painted Wall. A sign painted directly onto the exterior wall of a building and having no sign structure.
Sign, Pan or Reverse Channel Letters . A sign made with three dimensional, individually manufactured letters, figures or other symbols with an open back which may contain a light source to provide light onto the sign background against which the channel letters are silh ouetted.
Sign, Pennant. A temporary sign made of flexible materials longer than it is wide, often triangular in shape, and frequently displayed with other pennants on a string.
Sign, Permanent. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Sign, Prohibited. Any sign not in accordance with or authorized in Chapter 17.72, Sign Regulations.
Sign, Projecting. A sign that is perpendicular to the face of a building and projects outward from the building face.
Sign, Raised Letter. A sign containing copy, logo, and/or decorative embellishments in relief on the face.
Sign, Roof-Mounted. Any sign erected, painted, or attached to the sloped surface of a mansard or hip roof of a building. Excludes signs mounted on the top of a building’s roof.
Sign, Single-Color or Two-Color LED. A permanent or temporary sign or portion of a sign composed of single-color or two -color LEDs that displays static or changeable sign messages using characters, letters, and numbers only. Examples of these signs include, "open" or "closed" signs", ”time and temperature" signs or signs indicating the number of available spaces in a parking fac ility.
Sign, Spinner. A lightweight, durable, and colorful device designed to be affected by the movement of air so that it spins or rotates in a manner to capture attention.
Sign Structure. The supports, uprights, bracing, and/or framework of a sign.
Sign, Temporary. A sign constructed of paper, cloth, vinyl, fabric, or similar material, which is intended for a definite and limited period of display and which is not permanently affixed to a structure, sign area, or window.
Sign, Vehicle. Any sign on or affixed to a truck, van, automobile, trailer, or other vehicle.
Sign, Wall. A sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of wall or fascia to which it is affixe d or erected.
Sign, Walker. A person who wears, holds, or balances a sign.
Sign, Wall Banner. A temporary sign and constructed of cloth, bunting, plastic, paper, or similar nonrigid material, and securely attached to the wall or support structure for whi ch it is advertising.
Flags are not considered temporary wall banners.
Sign, Window. A sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.
Sign, Yard, Type I. A small temporary sign typically constructed of corrugated plastic and supported on an H -shaped wire frame used for example, for advertising by local businesses or by election campaigns. (Syn. Lawn Sign).
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Sign, Yard, Type II. A sign mounted on a single post installed securely in the ground with a small sign hanging from a cross-bar mounted parallel to the ground.
Sign, Yard, Type III. A large typically wooden sign mounted on two posts installed securely in the ground.
Static Display. A sign face that does not change within a twenty-four hour period.
Valance. The vertical front face of an awning.
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Definitions of Uses
This Chapter provides definitions for all uses established in the use tables on Division II, District Regulations. Refer to Chapter 17.36, Definitions of Terms, for definitions of the terms commonly used throughout this Title.
Accessory Dwelling Unit. A residential dwelling unit that is accessory to and either detached from, attached to, or located within the living area of an existing primary dwelling unit, and that provides independent living facilities for one or more persons. An accessory dwelling u nit also includes and efficiency unit, as defined in California Health and Safety Code § 17958.1, and a manufactured home, as defined in California Health and Safety Code § 18007.
Adult Businesses. Any commercial activity identified in Section 17.84.040 , A dult Businesses as an “Adult Entertainment Use.”
Agricultural Production, Light. Use of land for agricultural production, vine or tree farm, truck garden, apiary, horticulture, vineyard, hop yard, fruits, beekeeping, and associated crop preparation and harvesting activities on any other type of agriculture determined to be substantially similar to the above. Agricultural production may be ancillary to a primary use as a test or research facility. This use does not include nurseries, greenhouses, processing, or retail sales of agricultural products from the site.
Animal Care, Sales and Services.
Animal Boarding Kennel/Pet Day Care. A commercial, non -profit, or governmental establishment licensed to operate a facility providing shelter, breeding, and care for domestic animals on a commercial basis for a period in excess of 48 hours. This classification includes activities such as feeding, exercising, grooming, and incidental medical care for domestic animals.
Grooming. An establishment that provides day care, bathing and trimming services for domestic animals on a commercial basis.
Pet Store. Retail pet supply stores. May include the sale of small household pets (birds, fish, reptiles). This classification includes grooming if incidental to t he retail use. Uses are conducted within an enclosed building.
Veterinary Services. Medical and health services for animals. Typical uses include veterinary offices, pet clinics, and animal hospitals. This classification allows 24 -hour accommodation of animals receiving medical or grooming services. This use type excludes kennels.
Artisan/Small-Scale Manufacturing. An establishment primarily engaged in small -scale, on -site production of goods by hand manufacturing, which involves only the use of hands tools or domestic mechanical equipment not exceeding two horsepower or kilns not exceeding 25 kilowatts, and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, glass, candle making shops, metal, and woodworking, manufacturers that typically occupy smaller spaces with a maximum floor area of 10,000 square feet.
Artist’s Studio. Work space for an artist or artisan, including individuals practicing one of the fine arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living
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and working units (See "Live/Work). Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, textile, and small-scale pottery studios. All work is indoors and may only have very limited artisan display.
Automobile/Vehicle Sales and Services . Retail or wholesale business that sell, rent, and/or repair automobiles, trucks, vans, trailers, motorcycles including the following:
Automobile Rental Office. Office for the rental of automobiles. Typical uses include one or more car rental agencies with no on-site storage of vehicles. Vehicle storage may be provided in a location where automobile storage is allowed.
Automobile/Vehicle Sales and Leasing, New. Sale or lease, retail or wholesale, of new automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated minor repair services and parts sales for vehicles sold or leased by the deale rship. This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles. Used vehicle sales and leasing, provided it is not large-format, may be associated with this use.
Automobile/Vehicle Service and Repair, Major. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service including body, frame or fender straightening or repair, ove rall painting or paint shops of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto repair shops, body and fender shops, transmission shops, vehicle painting, tire sales, and installation, but excludes vehicle dismantling or salvaging and tire retreading or recapping. Vehicles may be stored overnight. Excludes parking and service of large trucks (for large truck service, see Large Vehicle and Equipment Sales, Service and Rental) .
Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light - duty trucks not exceeding one and one -half tons’ capacity, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or auto motive accessories and supply store, as well as smog check quick -service oil, tire sales and service, tune -up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.
Farm/Agricultural Equipment Sales, Service and Rental. Sales, servicing, rental, fueling, and washing of tractors, and other equipment used for agricultural, or landscape gardening activities.
Fueling Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. Also known as a Service Sta tion.
Large Vehicle and Equipment Sales, Service and Rental. Sales, servicing, rental, fueling, and washing of recreational vehicles (RVs), large trucks, trailers, heavy equipment used for construction, moving activities. Examples include cranes, earth mov ing equipment, heavy trucks, combines, and similar equipment. This use does not include semi-truck or semi-trailer parking, storage, service, or repair.