City of Woodland, CA
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§ 17.72.020 WOODLAND CODE § 17.72.040
way, including:
a. Signs or displays located entirely inside of a building, within a courtyard, open -air pedestrian space or similar open area and not visible from the building's exterior, b. Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and
4. Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or signs indicating the names of buildings and dates they were erected, either attached to or cut into the surface of buildings, provided that no such sign exceeds four square feet in area.
§ 17.72.030. Sign Permits.
The procedures for submittal, review, and approval of permanent signs and for a Master Sign Program, inclusive of any required fees, are established in the following Sections:
A. Section 17.100.140, Sign Permit —Permanent Signs, for all permanent building -mounted and freestanding signs;
B. Section 17.100.150, Sign Permits—Master Sign Program, for all Master Sign Programs; and C. A Sign Permit is not required for a sign on property used exclusively for a single-family residence or duplex.
D. Nonstructural Modifications and Maintenance. A Sign Permit is not required for the following:
1. Changes to the face or copy of changeable copy signs;
2. Changes to the face or copy of an existing single-tenant or multi-tenant freestanding or building- mounted nonilluminated sign from one business to another with no structural or lighting modifications to the sign; and
3. The normal repair and maintenance of conforming or legal nonconforming signs, except as identified in § 17.72.040.K, Sign Maintenance.
§ 17.72.040. General Standards for All Signs.
A. Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as the sign complies with the size, height, area, location, and other requirements of this chapter.
B. Location Standards. All signs may not be placed in the following locations or manner, except where specifically authorized in this chapter:
1. Architectural Features. Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, windows, or another architectural feature;
2. Accessory Structures. Tacked, painted, pasted, or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders, or other
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§ 17.72.040 ZONING § 17.72.040
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structures that are visible from a public way. Signs may be attached to a fence or freestanding wall only when a ground sign is not present in the development and must be maximum three square feet in sign area;
3. Clearance Standards. Within the horizontal or vertical clearance standards from communications lines and energized electrical power lines prescribed by the laws of the State of California;
4. Fences and Walls. A fence or freestanding wall if a freestanding sign is present on the development;
5. Fuel Tanks, Storage Containers, and Solid Waste Receptacles. Painted, attached, or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a manufacturer's or installer's identification sign, appropriate warning signs and placards, and information required by law;
6. Off-Premises. Off the premises to which the sign refers, except as provided in § 17.72.060, Standards for Temporary Signs;
7. Public Utilities and Infrastructure. Any sign attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved as part of a Special Event Permit on City property or banner signs permitted by the City on light poles within the City;
8. Right-of-Way. Within, on, or projecting over public property including City rights -of-way, except as specifically provided in this chapter;
9. Signs Mounted on a Roof. Except as allowed in Table 17.72.050.C -9: Standards for Roof - Mounted Signs; and
10. Vehicles. Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business. Vehicles must be operable and parked in a lawful or authorized manner.
C. Parking of Mobile Billboards Prohibited. No person shall park or convey any mobile billboard advertising display as defined by this Zoning Code, either standing alone or attached to a motor vehicle, upon any public street or public lands in the City.
1. Removal of Mobile Billboard Advertising Displays Authorized. Pursuant California Vehicle Code § 22651(v) and (w), a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations may remove, or cause to be removed, the mobile billboard, or anything that the mobile billboard is attached to including a motor vehicle, located within the territorial limits of the City when the mobile billboard is found upon any public street or any public lands, if all of the following requirements are satisfied:
a. When a mobile billboard either standing alone or attached to a motor vehicle, is parked, or left standing in violation of the Zoning Code, and the registered owner of the vehicle or
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§ 17.72.040 WOODLAND CODE § 17.72.040
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display was previously issued a warning notice or citation for the same offense; b. A warning notice or citation was issued to a first -time offender at least 24 hours prior to the removal of the vehicle or display. The City is not required pursuant to California Vehicle Code § 22651(v)(2) and (w)(2) to provide further notice for a subsequent violation prior to enforcement; and
c. The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of this Zoning Code that may include removal of the vehicle or display.
2. Permanent Advertising Signs Excepted. Pursuant to California Vehicle Code § 21100(p)(2) and (p)(3), this section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
3. Post Storage Impound Hearing. California Vehicle Code § 22852 of the California Vehicle Code applies to this section with respect to the removal of any mobile billboard advertising display vehicle. California Vehicle Code § 22852 is incorporated by reference as if set forth in full by this Zoning Code and provides, in summary, that whenever an authorized employee of the City directs the storage of a vehicle, the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided for under California Vehicle Code § 22852. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.
4. Violations and Penalties. A violation of this section is a misdemeanor, punishable upon conviction by a fine of not less than $250, nor more than $1,000, or by imprisonment in the County Jail for not more than six months, or by both fine and imprisonment. At the discretion of any person authorized by the Chief of Police to issue a citation for any violation of this section, or the City Attorney's office, a violation of this section may be an infraction enforced through the parking penalty process set forth in California Vehicle Code § 40200 et seq.
D. Display Standards. This subsection regulates the manner in which signs convey their messages by specifying prohibited display features that create distractions to the traveling public and create visual clutter that mar the natural and architectural aesthetics of the City. Signs with the following display features are prohibited:
1. Devices Affected by Movement. Any sign animated by any means, including fixed aerial displays, balloons, pennants, spinners, including strings of flags, streamers, tubes, or other devices affected by the movement of the air or other atmospheric or mechanical means;
2. Exposed Light Source. Any sign with an exposed light source, except for neon LED strip lights incorporated into the design of the sign;
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3. Flashing Lights. Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination, including search lights;
4. Fluorescent Colors. Any sign which uses fluorescent colors;
5. Rotating Signs and Barber Poles. Any sign in which the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction;
6. String of Lights. Strings of lights arranged in the shape of a product, arrow, or any commercial message; and
7. Visible Matter and Motion Picture Projection. Any sign which emits sound, odor, smoke, laser or hologram lights, or other visible matter, including any sign that uses motion picture projection.
E. Signs that Create a Traffic Hazard or Affecting Pedestrian Safety. All signs may not be placed in locations or manner that constitute a safety hazard or to impede the public use of the public right -of- way, except where specifically authorized in this chapter:
1. Conflict with Traffic Signs. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;
2. Exits and Entrances. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code or by Fire Department regulations;
3. Intersections. Any sign erected or maintained at or near any street intersection that will obstruct the free and clear vision of drivers and pedestrians;
4. Sidewalks. Any sign mounted or displayed in such a manner that it blocks or impedes the normal pedestrian use of public sidewalks. A minimum width of four feet must be maintained on sidewalks at all times; and
5. Site Visibility Triangle. Within the site visibility triangle as defined in § 17.64.110, Visibility at Intersections, that must be observed at all street intersections and the intersections of dedicated alleys or driveways with streets.
F. Prohibited Sign Types.
1. Any sign which advertises a business that is a prohibited use or no longer in existence or a product or service no longer being sold;
2. Bandit signs;
3. Cabinet signs, except as allowed for cabinet logo signs that are a maximum of 4 square feet in area or otherwise proportional to sign lettering on site, as approved by the Director;
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§ 17.72.040 WOODLAND CODE § 17.72.040
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4. Feather banner signs, except as provided in § 17.72.060, Standards for Temporary Signs;
4.5. One-dimensional signage, except as all owed for window signage, temporary signage, and painted signage;
6. Digital/Electronic message signs, including but not limited to LED, LCD, or similar electronic message boards, are prohibited in all zoning districts except as expressly provided below: gas price display on service station monument signage, and except as allowed in § 17.72.050.D.2, Digital Billboard Signs;
a. Fuel Price Displays at Service Stations. Digital signs may be used solely to display gasoline or diesel fuel prices on monument signs located on the premises of legally established service stations. Such signs shall comply with all applicable size, height, and illumination standards, and shall not include any other digital content. b. Public Facilities. Digital display signs may be permitted for public facilities, including hospitals and large-scale medical clinics, subject to the review and written approval of the Director. Digital signs must be tuned off during non -business hours and shall not shine into adjacent residential or other sensitive uses. The Director may impose co nditions related to the size, location, duration, brightness, and content to ensure compatibility with surrounding land uses and to minimize visual impacts.
5.c. Digital Billboard Signs, as described in Section 17.72.050.D.2, Digital Billboard Signs;
6.7. Nondigital billboards;
7.8. Pole signs;
8.9. Signs installed on the roof of a building or structure, except as allowed in § 17.72.050.C.9, Roof-Mounted Signs;
9.10. Signs which bear or contain statements, words, or pictures of an obscene nature;
10.11. Sign walkers;
11.12. Statutory signs; and
12.13. Stuffed or inflated animals or characters used as signs.
G. Rules of Measurement.
1. Sign Area Measurement. Sign area is measured as follows:
a. Signs on Background Panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure 17.72.040.G-1: Signs on Background Panel.
FIGURE 17.72.040.G-1: SIGNS ON BACKGROUND PANEL
City of Woodland, CA
§ 17.72.040 WOODLAND CODE § 17.72.040
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b. Signs with Individual Letters. Where the sign has individual letters or graphics mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured or constructed as a background panel, the sign area is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign except for the descending elements of lower case letters, as shown in Figure 17.72.040.G-2: Signs with Individual Letters. Sign area for individual letters or graphics shall be counted as 75% of the area enclosing the sign copy.
FIGURE 17.72.040.G-2: SIGNS WITH INDIVIDUAL LETTERS
c. Irregular Shaped Signs. Sign area for irregular shaped signs is determined by dividing the sign into the smallest squares, rectangles, triangles, circles, or arcs that enclose each word or graphic in the sign, as shown in Figure 17.72.040. G-3: Irregular Shaped Signs.
FIGURE 17.72.040.G-3: IRREGULAR SHAPED SIGNS
d. Multi-Face Signs. The sign area for multi-face signs, as shown in Figure 17.72.04 -0.G-4:
Multi-Face Signs, are measured as follows:
i. Two-Face Signs. Where the interior angle between the two sign faces is 45° or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45° the sign area is the sum of the areas of the two sign faces. ii. Three- or Four-Face Signs. The allowable sign area is measured as 50% of the sum of the areas of all sign faces.
FIGURE 17.72.040.G-4: MULTI-FACE SIGNS
City of Woodland, CA
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2. Sign Height Measurement.
a. Freestanding Signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign.
FIGURE 17.72.040.G-5: FREESTANDING SIGN HEIGHT
i. Higher Than Adjacent Grade. Where the grade at the base of a sign is higher than the grade of the adjacent road right-of-way, sign height is measured from the base of the sign, as shown in Figure 17.72.04.G -6: Freestanding Sign Height, Higher than Adjacent Grade.
FIGURE 17.72.040.G-6: FREESTANDING SIGN HEIGHT, HIGHER
THAN ADJACENT GRADE
ii. Lower Than Adjacent Grade. Where the grade at the base of a sign is lower than the grade of an adjacent road right -of-way, the height of the sign is measured from the top of curb elevation, as shown in Figure 17.72.040.G-7: Freestanding Sign Height, Lower than Adjacent Grade (the portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the sign's overall height).
FIGURE 17.72.040.G-7: FREESTANDING SIGN HEIGHT, LOWER THAN
ADJACENT GRADE
b. Wall Signs. The height of building -mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure, as shown in Figure 17.72.040.G-8: Wall Sign Height.
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FIGURE 17.72.040.G-8: WALL SIGN HEIGHT
3. Building Frontage.
a. The wall length and sign area shall be calculated separately for buildings with two or more frontages.
b. Projections and recesses on a building wall may not exceed 10 feet for a continuous building frontage.
H. Sign Illumination.
1. Internal Illumination. Internally illuminated signs include single - or two -color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters (e.g., a reverse panel channel letter sign) are on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
2. External Illumination.
a. Externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. b. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties as illustrated in Figure 17.72.040.H-1: External Illumination.
FIGURE 17.72.040.H-1: EXTERNAL ILLUMINATION
3. Direct Illumination.
a. Direct illumination may not be used in residential zones and is limited to letters, numbers, symbols, and accents on a marquee sign.
b. Exposed lamps must not exceed an output of 25 watts and must only have a steady light output.
4. Neon.
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a. Exposed neon sign lighting is only allowed on permanent monument and wall signs in the nonresidential zones.
b. Each business is only allowed one neon sign and it must be placed on the primary frontage of the building.
c. Neon is allowed on no more than 25% of the total sign area of a permanent building mounted sign.
d. Neon signs placed in a window are exempt from the total sign area limitations for all window signs (refer to Table 17.72.050.C-12: Standards for Window Signs). e. Neon signs must be turned off daily at the close of business or 10:00 p.m., whichever occurs last.
5. Single-Color or Two-Color LED Signs.
a. Single-color or two -color LED signs are exempt from the sign area limitations for wall signs and window signs established in Table 17.72.050.C -11: Standards for Wall Signs, and Table 17.72.050.C-12: Standards for Window Signs.
b. Any individual single -color or two -color LED sign must not exceed four square feet in area.
c. Single color or two-color LED signs are not allowed in residential zones. d. Single-color or two-color LED signs must be turned daily at the close of business or 10:00 p.m., whichever occurs last.
I. Sign Structure and Installation.
1. The installation of signs shall be enforced and administered by the Building Inspector. All signs and sign structures must be designed to comply with the provisions of this chapter, the applicable provisions of the Building and Electrical Codes, and constructed to withstand wind loads, dead loads, and lateral forces.
a. Any angle iron, bracing, guy wires, or similar features used to support a sign shall not be visible to the extent technically feasible.
b. Where electrical service is provided to freestanding signs or landscape wall signs, the electrical service shall be placed underground and concealed. Electrical service to building-mounted signs, including conduit, housings, and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit shall be issued prior to installation of any new signs requiring electrical service.
c. All permanent signs allowed by this chapter shall be constructed of durable materials capable of withstanding continuous exposure to the elements and the conditions of a built- up environment, and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
2. Raceway, as illustrated in Figure 17.72.040.I -1: Raceway, shall only be used in building - mounted signs when access to the wall behind the sign is not feasible, or when the Zoning Administrator determines that a benefit exists to preserve a historic or architectural feature of a
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building. In such cases, the raceway shall not extend in width and height beyond the area of the sign and shall match the color of the building to which it is attached.
FIGURE 17.72.040.I-1: RACEWAY
3. Signs shall be designed so that all frameworks for the support of the sign are an integral part of the design of the sign or within the structure of the building to which it is attached so as to not be visible.
J. Signage Design and Materials in the DX -1 and DX -2 Zones. Appropriate sign materials for the Downtown area are dependent on the style, age, and materials used in the building. Materials may include the following:
1. Wood. Carved, etched, and painted or stained;
2. Metal. Formed, etched, cast, engraved, and painted; and
3. High-density preformed foam or similar material.
K. Sign Maintenance.
1. All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other person having lawful possession or control over a sign, building, structure, or parcel of land, in a condition or state of equivalent quality to which was approved or required by the City.
2. All signs together with their supports and appurtenances shall be maintained in good structural condition, in compliance with applicable Building and Electrical Codes, and in conformance with this chapter. Maintenance of a sign includes periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the Sign Permit issued for its installation and provisions of this chapter.
3. All signs and supporting structures shall be kept in repair and in proper state of preservation.
The display surfaces of all signs shall be kept neatly painted and clean. The immediate surrounding premises shall be maintained free of weeds and rubbish. The Zoning Administrator is authorized to order the painting, cleaning or repair of signs which become dilapidated and the cleaning of the immediate premises. Such maintenance shall be completed within 30 days of receiving written notice.
4. Landscape Maintenance. Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure shall receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months.
5. The Building Inspector has the authority to order the repair, maintenance, or removal of any
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sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this section.
6. Failure to maintain a sign constitutes a violation of this chapter and will be subject to enforcement action, in which case the Building Inspector may order the removal of any sign that is determined to be in disrepair or dangerous.
7. Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within 10 days of the graffiti being applied or within 10 days of notification by the Director, whichever event comes first, or the sign shall be subject to removal by the City at the owner's expense.
§ 17.72.050. Standards for Permanent Signs.
A. Applicability.
1. This section establishes the standards for permanent building -mounted and freestanding signs that are applicable in all zones. Standards for each allowed sign type are provided in Tables
17.72.050.C-1 through Table 17.72.050.C -12 and Tables 17.72.050.D -1 through
17.721.050.D-4, respectively. These tables are organized as permanent building -mounted and freestanding signs for each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables.
2. A sign type not specifically included in this section may be allowed by the Director provided the sign meets the intent of the zone in which it is proposed.
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Table 17.72.050.A-1: Allowed Sign Types by Zones
Sign Type
R-1, N-P
R-LM
R-M, R-H
CMU-E,
CMU-K,
CMU-F,
CMU-A,
CMU-G
DX-2,
DX-3,
CCMU
DX-1,
DX-4,
CMU-WM
RC
RC-F
IF, IG, BP
OS, PF,
FSA
"•" = Permitted
Building-Mounted Signs
Awning Sign
•
1 • • • • • •
Blade Sign
•
1 • • • • •
Canopy Sign • • • • •
Directional Sign • • • • • • • • • •
Directory Sign • • • • • • • • • •
Hanging Sign
•
1 • • • •
Marquee Sign • •
Projecting Sign • • • •
Roof-Mounted Sign • • • •
Service Island Canopy Sign • • • •
Wall Sign
•
1 • • • • • • •
Window Sign
•
1 • • • • • •
Freestanding Signs
Digital Billboard Sign
•
1 •
1 •
1 •
1 Directory Sign •
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1 Directional Sign
•
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1
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R-1, N-P
CMU-E,
CMU-K,
CMU-F, DX-2, DX-1,
CMU-A, DX-3, DX-4,
R-LM R-M, R-H CMU-G CCMU CMU-WM
RC
RC-F
IF, IG, BP
Table 17.72.050.A-1: Allowed Sign Types by Zones
Sign Type
OS, PF,
FSA
Freeway-Oriented Sign
•
1 •
1 •
1 Monument Sign
•
1 •
1 •
1 •
1 •
1 •
1 •
1 •
1 Notes:
1. Limited to residential limited retail uses only.
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B. Standards for Permanent Building-Mounted and Freestanding Signs.
1. Businesses with frontage and primary vehicle access on a through lot may consider each frontage separately when determining maximum sign area. The area for each frontage is not transferable to the opposite frontage.
2. Businesses with direct alley access are permitted an additional one square foot of sign area per linear foot of building facade facing the alley. The sign area for the alley frontage is not transferable to the main street frontage.
3. If a business frontage is only on the alley, then the total permitted sign area is allowed for the business, and all sign(s) shall be located on the alley frontage.
4. Where several businesses are developed as a unit, such as a shopping center, one sign which identifies the development is allowed. The area of this sign shall not exceed the maximum allowable area for the largest business sign permitted in the development but in no case shall it exceed 100 square feet. Where the development identification is placed on a monument sign, subsection D.6, Monument Signs, is applicable.
5. The maximum total area for all building-mounted and freestanding signs is established in Table
17.72.050.B-1: Standards for All Permanent Signs, including additional regulations for sign area, height, and setback from a property line.
6. The area of all building-mounted signs is included in the maximum total sign area, except when specifically exempted.
7. All permanent building -mounted and freestanding signs must comply with the corresponding sign type standards provided in Tables 17.72.050.C-1 to 17.72.050.D-4.
Table 17.72.050.B-1: Standards for All Permanent Signs
Zone(s)
Max. Sign Height,
Building-Mounted
Max. Sign Height,
Freestanding
Total Sign Area per
Business or
Development
Min. Distance from
Property Line
R-1, N-P, R-LM 10 ft 5 ft 4 sf per residential
business; 24 sf per
residential limited
retail use
1 R-1, R-LM: 15 ft; N-
P: 5 ft; Residential
limited retail use: 0 ft
R-M, R-H 20 ft 8 ft 20 sf for residential
uses; 24 sf per
residential limited
retail use
5 ft
CMU-E, CMU-K,
CMU-F, CMU-A,
CMU-G, DX-2,
DX-3
30 ft 8 ft 2.0 sf per linear foot
of building frontage;
not to exceed 175 sf
CMU zones: 5 ft;
DX-2 and DX-3:0 ft
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Table 17.72.050.B-1: Standards for All Permanent Signs
Zone(s)
Min. Distance from
Property Line
Total Sign Area per
Max. Sign Height, Max. Sign Height, Business or
Building-Mounted Freestanding Development
DX-1, DX-4, CMU-
WM
30 ft 8 ft 2.0 sf per linear foot
of building frontage;
not to exceed 175 sf
0 ft
CCMU 20 ft 8 ft 1.5 sf per linear foot
of building frontage;
not to exceed 125 sf
5 ft
RC, RC-F 40 ft 8 ft plus 1 ft for
every 5 ft of setback
from property line,
not to exceed 15 ft
2 2.0 sf per linear foot
of street frontage; not
to exceed 200 sf
5 ft
ILIF, IG, BP 40 ft 8 ft plus 1 ft for
every 5 ft of setback
from property line,
not to exceed 15 ft
2.0 sf per linear foot
of street frontage; not
to exceed 200 sf
10 ft
OS, PF 20 ft 8 ft 20 sf
1 OS and PF: 25 ft;
FSA: 15 ft
Notes:
1. The Zoning Administrator may grant by Zoning Administrator Permit an increase in the maximum total sign area for all permanent signs in these zones for public parks and recreation facilities, public schools, governmental facilities, public cultural facilities, and nonprofit hospitals. See § 17.100.090, Zoning Administrator Permit.
2. Refer to § 17.72.050.D.5, Freeway-Oriented Signs.
C. Standards for Permanent Building-Mounted Signs.
1. Awning Sign. Awning signs must comply with the standards provided in the table below.
Table 17.72.050.C-1: Standards for Awning Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Sign area is max. 50% of the area of the end panel and max. 20% of the area of the front (street-facing) panel of the awning or valance.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
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Standards
Table 17.72.050.C-1: Standards for Awning Signs
Requirements
Mounting Height Max. 8 ft from the bottom of the awning to the nearest grade or sidewalk.
Max. 20 ft.
Sign Placement Must only be placed above the doors and windows of the ground floor.
May project into public right-of-way with approval of an Encroachment Permit.
Valance Height Max. 9 in.
Horizontal Distance from Back of
Curb
Min. 2 ft.
Illumination Nonilluminated or illumination allowed under the awning.
2. Blade Sign. Blade signs must comply with the standards provided in the table below.
Table 17.72.050.C-2: Standards for Blade Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 8 sf.
Included in the total allowable sign area for all building- mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Mounting Height Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk.
Must be mounted perpendicular to the building face or at the corner of the building.
Number of Signs Max. 1 per frontage, except on a corner where 2 signs are allowed, i.e., 1 per frontage.
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Standards
Table 17.72.050.C-2: Standards for Blade Signs
Requirements
Sign Placement Sign must not extend beyond the edge of the structure on which it is located if mounted below the walkway or
overhead structure.
May project into public right-of-way with approval of an Encroachment Permit.
Horizontal Distance from Back of Curb Min. 2 ft.
Illumination Nonilluminated or internal illumination.
3. Canopy Signs. Canopy signs must comply with the standards provided in the table below.
Table 17.72.050.C-3: Standards for Canopy Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 1 sf per 1 If of canopy width.
Mounting Height Min. 8 ft from the bottom of the canopy to the nearest grade or sidewalk.
Max. 20 ft.
Included in the total allowable sign area for all building- mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Sign Placement Must be placed above the doors and windows of the ground floor of a building.
Sign area is max. 60% of the store width or tenant space per business when canopy is placed on multiple store fronts.
May project into public right-of-way with approval of an Encroachment Permit.
Horizontal Distance from Back of Curb Min. 2 ft.
Illumination Nonilluminated or internal illumination.
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4. Directional Signs (Building-Mounted). Directional signs must comply with the standards provided in the table below.
Table 17.72.050.C-4: Standards for Directional Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 3 sf.
Excluded from the total number of allowed signs for all building- mounted signs.
Mounting Height Max. 8 ft.
Sign Placement Max. 1 per driveway entrance.
Illumination Nonilluminated or external illumination.
5. Directory Signs (Building-Mounted). Directory signs must comply with the standards provided Standards
Other Requirements
Table 17.72.050.C-3: Standards for Canopy Signs
Requirements
Max. height of sign letters is 2 ft measured from the top of the canopy.
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in the table below.
Table 17.72.050.C-5: Standards for Directory Signs (Building-Mounted) Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 1 sf per tenant space; max. 10 sf total sign area.
Excluded from the total number of allowed signs for all building- mounted signs.
Mounting Height Max. 8 ft from nearest grade.
Number of Signs Max. 1 per primary building entrance.
Illumination Nonilluminated, internal illumination, or external illumination.
6. Hanging Signs. Hanging signs must comply with the standards provided in the table below.
Table 17.72.050.C-6: Standards for Hanging Signs
Standards Requirement
"sf" = square feet; "lf" = linear feet
Sign Area Max. 6 sf in area on each sign face.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Mounting Height Max. 8 feet from the ground level (as measured directly under the sign).
Sign Placement Hanging signs shall not be permitted closer than 20 ft from each other.
May not extend past the structure to which they are mounted.
May project into public right-of-way with approval of an Encroachment Permit.
Awnings, canopies, and marquees may have a hanging sign suspended beneath.
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Standards
Table 17.72.050.C-6: Standards for Hanging Signs
Requirement
Horizontal Distance from Back of
Curb
Min. 2 ft.
Number of Signs Max. 1 sign per business per street face.
Illumination Nonilluminated, internal illumination, or external illumination.
7. Marquee Signs. Marquee signs must comply with the standards provided in the table below.
Table 17.72.050.C-7: Standards for Marquee Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 2 sf per 1 If of building frontage.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Max. 75% of the total sign area is allowed for the changeable copy.
Mounting Height Min. 12 ft from the bottom of the marquee to the nearest grade or sidewalk.
Number of Signs Max. 1 per business.
Sign Placement May project into public right-of-way with approval of an Encroachment Permit.
Horizontal Distance from Back of
Curb
Min. 2 ft.
Illumination Direct Illumination or internal illumination.
Other Requirements No projecting sign (Table 17.72.050.C-8: Standards for Projecting Signs) shall be permitted when signage is placed directly on a marquee.
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Table 17.72.050.C-8: Standards for Projecting Signs
DX-1, DX-4, CMU-
Standards
All Other Zones
DX-2, DX-3, CCMU
WM
"sf" = square feet; "lf" = linear feet
Sign Area Max. 36 sf. Max. 24 sf.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Mounting Height Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk.
Sign Placement Projecting signs shall not be permitted closer than 20 ft from each other.
May project into public right-of-way (but not public alleys) with approval of an Encroachment Permit.
May not extend vertically above the second floor window sill or when there is no second floor, may not extend above the parapet, eaves, or roof line.
Must be placed so that the sign causes no harm to street trees.
Horizontal Distance Signs may not project within 2 ft of the curb line. from Back of the Curb Max. 6 ft from the building wall to the outer edge of the sign.
Number of Signs 1 per business when neither a monument sign nor a roof sign is present in the development.
Illumination Nonilluminated, internal illumination, or external illumination.
8. Projecting Signs. Projecting signs must comply with the standards provided in the table below.
Standards
Table 17.72.050.C-7: Standards for Marquee Signs
Requirements
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9. Roof-Mounted Signs. Roof-mounted signs must comply with the standards provided in the table below.
Table 17.72.050.C-9: Standards for Roof-Mounted Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Sign Height As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.
Number of Signs Max. 1 per business.
Sign Placement Roof-mounted signs shall be placed below the roof peak and must comply with the maximum height allowed for the zone.
Hip roof: Only placed on the lowest 1/3 of the slope of the roof.
Mansard roof: Only placed on the lowest 1/2 of the slope of the roof.
Sign lettering shall have a minimum depth of 6 in to convey a three-dimensional appearance.
Signs for individual tenants in multi-tenant centers shall be centered above the tenant space and only mounted on a mansard roof.
Illumination Nonilluminated, internal illumination, or external illumination.
Other Requirements The bottom of roof signs shall be mounted flush with the surface of the roof and shall not interrupt roof lines or other major architectural features.
Standards
Table 17.72.050.C-8: Standards for Projecting Signs
DX-1, DX-4, CMU-
WM
All Other Zones DX-2, DX-3, CCMU
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10. Service Island Canopy Signs. Service island canopy signs must comply with the standards provided in the table below.
Table 17.72.050.C-10: Standard for Service Island Canopy Signs Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 60 sf for the total area of all signs on the canopy.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Number of Signs Signs may only be displayed on max. 3 canopy facades.
Illumination Nonilluminated or internal illumination.
11. Wall Signs. Wall signs must comply with the standards provided in the table below.
Standards
Table 17.72.050.C-9: Standards for Roof-Mounted Signs
Requirements
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Table 17.72.050.C-11: Standards for Wall Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.
Included in the total allowable sign area for all building-mounted signs (see Table 17.72.050.B-1: Standards for All Permanent Signs).
Number of Signs Unlimited, provided the maximum area allowed for wall signs is not exceeded.
Sign Placement Refer to the illustration below for applicable standards. Wall signs shall be placed to establish a facade rhythm, scale, and proportion between buildings.
The sign's length shall not exceed the width of the framed portion of the storefront and shall not exceed 4015% of the building facade. Wall signs shall not face an adjacent residential zone.
Sign Depth Max. depth 12 inches measured from the wall on which the sign is placed.
Illumination Nonilluminated, internal illumination, or external illumination.
Special Provisions Requirements
Painted Wall Signs Painted wall signs are allowed on any exterior building wall of an individual tenant space or building.
Painted wall signs must be professionally painted.
The allowable area for painted wall signs will be increased by 10% over the normal allowable sign dimensions for the zone.
Changeable Copy Signs Max. sign area 30% of the total allowable sign area for the building
12. Window Signs. Window signs must comply with the standards provided in the table below.
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Table 17.72.050.C-12: Standards for Window Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Permanent window signs shall be limited to 20% of the ground floor frontage window area occupied by a given business.
The combined area of temporary and permanent window signs must not exceed 40% of the area of the window on which they are displayed.
Neon or single-color or two-color LED signs are excluded from the total allowed sign area for all building-mounted signs. Refer to § 17.72.040.H.4, Neon; and § 17.72.040.H.5, Single-Color or Two-Color LED Signs.
Adhesive vinyl, gild-leaf, or screen printing is preferred over hand-painted window signs.
Sign Placement Must be mounted or displayed on the interior of the window.
If the business is on the first floor, signs shall not be placed above the upper window frame or the second floor.
If the business is conducted above the first floor, signs shall not be placed above the max. height allowed in the zone or above the window frame of the third floor.
Illumination Nonilluminated. Neon or single- or two-color LED signs are allowed.
D. Standards for Permanent Freestanding Signs.
1. Standards for each allowed permanent freestanding sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables.
2. Digital Billboard Signs. Digital billboard signs are permitted only as billboard relocations or as conversions of an existing billboard. Digital billboard signs must meet all location and development standards established in this section. Digital billboard signs shall be subject to approval of a Conditional Use Permit (see § 17.100.100, Conditional Use Permit), site plan, and Design Review by the Planning Commission, as set forth in Chapter 17.100, Planning Permits and Approvals.
a. Location.
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i. Digital billboard signs are only permitted along two specific segments of the Interstate 5 (I-5) corridor as described below:
(A) Segment One. This segment begins where the City boundary bisects the I -5 corridor to the north and runs south along I -5 to the East Main Street freeway underpass, excluding the Section of frontage on the north side of I -5 between the East Beamer Street underpass and the East Kentucky Avenue overpass. A maximum of two digital billboard signs are permitted within this segment. The signs may be located on the same side of the freeway or one on each side of the freeway.
(B) Segment Two. This segment begins at County Road 102 and runs east along I-5 to the eastern boundary of the City. A maximum of one digital billboard is permitted within this segment.
ii. Digital billboard signs shall be located within 500 feet of the freeway right -of-way.
No digital billboard sign shall be located within 2,500 feet of another digital billboard sign on the same or opposite side of the freeway and no closer than 250 feet to any other freeway-oriented sign over 30 feet in height on the same side of the freeway. iii. The location of digital billboard signs shall be verified by the City Engineer to ensure no conflict exists between the location of the proposed sign and the Interstate 5/State Route 113 direct connect interchange project as identified in the CalTrans Project Report dated April 6, 2000, or as otherwise amended or updated by CalTrans or the City. Updates shall include the development of project plans. When reviewing for conflicts, the City Engineer will review for physical and visual conflicts. iv. Proximity to Residential Uses. No digital billboard signs shall be located between East Main Street and East Beamer Street or within 1,200 feet of any existing residential property in existence at the time of adoption of the digital billboard signs standards, unless it can be demonstrated by the applicant, that the proposed sign installation cannot be viewed from the residential property. A "balloon test" (or similar) may be required and shall be paid for by the applicant to determine visual impacts of a proposed digital billboard sign and to demonstrate that the proposed sign cannot be viewed from a residential property.
b. Standards. Any new digital billboard sign or a legally existing billboard refurbished to become a digital billboard sign shall be subject to the development standards below. i. Number of Faces. A digital billboard sign may consist of no more than two digital display areas, each positioned to be visible only by opposing directions of traffic.
Double-faced signs shall not have an interior angle between the face of the panels greater than 20°, unless a visibility study is provided showing that a greater angle is necessary to achieve reasonable sign visibility, up to a maximum of 45°. ii. Height. Heights of digital billboard signs shall be established relative to topography and setting to provide the best balance between the sign's purpose of effectively communicating a visual message, the setting (including topography and surrounding architecture), and freeway traffic safety. However, in no case shall the digital billboard sign (including structure) exceed a maximum height of 68 feet as measured from the finished grade of the center line of the nearest freeway to the top of the digital billboard sign face or structure, as applicable. Applicants shall provide to the
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§ 17.72.050 WOODLAND CODE § 17.72.050
City supporting documentation from a licensed engineer or surveyor demonstrating compliance with this provision.
iii. Area. The maximum area of each digital display area shall not exceed 672 square feet per sign face.
iv. No more than one digital billboard sign and one freeway-oriented sign each over 30 feet in height shall be permitted on a single parcel or multiple parcels developed as a single retail, office, or industrial center. One sign shall not directly or substantially impede the view of another sign for any prolonged length of travel time of a passing driver on Interstate 5.
v. Illumination. Digital billboard signs must be limited in brightness to a maximum lighting intensity of 0.3 candela (i.e., foot -candles) over ambient light levels, as measured using a foot-candle meter at 250 feet from the sign face. (A) Each digital display area must have a light sensing device that will adjust the brightness of the sign as ambient light conditions change throughout the day. (B) Digital billboard signs must create minimal glare, maintain contrast between the sign face and the surrounding area, have minimal impact on driver distraction, and create minimal light trespass into residential areas. (C) The applicant must demonstrate through field testing compliance with a 0.3 candela increase, or less, over ambient light at a distance of 250 feet during nighttime conditions upon initial start-up, again at six months of operation and at the request of the City for the life of the sign.
(D) The applicant must fund field testing by a qualified independent contractor or City staff trained in the use of a handheld photometer to demonstrate continued compliance. If increases in ambient light are found to be above the 0.3 candela level, the dimming level shall be adjusted until this level can be demonstrated.
This must be completed and demonstrated through follow -up field testing within 24 hours or the billboard shall not be operated until the lighting levels can be brought into compliance.
vi. Pole Cladding. High -quality decorative pole covering is required for newly constructed digital billboard signs as well as any existing nondigital billboard that is converted to a digital billboard sign.
vii. Message Display. Digital billboard signs shall display static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement in or on any part of the sign structure, design, or pictorial segment of the sign, except that static images may be displayed for a minimum of eight seconds with a transition or blank screen time no longer than one second in duration. No static message shall include flashing or scintillating lighting, or varying light intensity. Digital billboard signs shall be operated with systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction. viii. Community Messaging. The City shall be provided with access to a minimum of five percent of the total available display time to allow the City to present messages of community interest. This access shall also include access for other appropriate
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agencies for the purpose of displaying public safety messages such as "Amber Alert" messages and emergency-disaster communications. The City shall retain sole discretion regarding the content and prioritization of messages displayed on the City's behalf, subject to specific standards of individual sign companies for displayed material.
ix. Traffic Safety. The digital billboard sign shall not create a visibility hazard to traffic on adjacent streets, freeways, or parking areas. The sign shall not reduce required on-site parking availability and shall not interfere with on-site vehicular circulation. x. Future Technologies. There may be alternate, preferred, or superior technology available in the future to illuminate digital freeway signs. These alternate technologies may be incorporated into existing legally permitted digital freeway signs in the future without additional permissions from the Planning Commission or City Council provided:
(A) The required maximum brightness standards are met; and (B) No substantial exterior physical change to the digital display area will occur.
The owner shall be responsible for obtaining any required ministerial permits for technology improvements as required by applicable code standards. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.
xi. Quality and Maintenance Plan. The applicant shall demonstrate that the proposed digital billboard sign provides high resolution, clear graphic display, and consistent reliability and durability. The applicant must establish a quality and maintenance plan to ensure implementation of all above -listed development standards and to assure the proper maintenance and repair of the digital billboard sign as needed. c. Billboard Removal. For every one square foot of digital message display area installed, the applicant must permanently remove at least two square feet of existing legal conforming or nonconforming billboard display area within the City limits prior to operation of the digital billboard sign. An existing billboard display area being converted to a digital billboard sign may count toward the required permanent removals. d. Operating Agreement. The City and applicant shall enter into an operating agreement, subject to City Council approval, in conjunction with the issuance of a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) for a digital billboard sign. The City and applicant may use the operating agreement, on a case -by-case basis, to deviate from the development standards in subsection D.2, Digital Billboard Signs, or reduce the required billboard removals under subsection D.2.C, Digital Billboard Signs. The City Council will only approve an operating agreement if it determines that the operating agreement achieves community benefits that are equivalent or greater to those that would be achieved through strict compliance with subsection D.2, Digital Billboard Signs. If deviation from the foregoing development standards is requested, the City Council shall also serve as the final review and approval authority for the Conditional Use Permit (see § 17.100.100, Conditional Use Permit) and Development Review application. e. Compliance with Applicable Laws and Regulations. The owner of the digital billboard sign shall comply with all applicable Federal, State, or local laws, including the Highway Beautification Act of 1965 (23 U.S.C. § 131), the Outdoor Advertising Act (California
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Business and Professions Code § 5200 et seq.), and this section, when constructing, operating, improving, maintaining, repairing, and removing the digital billboard.
3. Directional Signs (Freestanding). Directional signs must comply with the standards provided in the table below.
Table 17.72.050.D-1: Standards for Directional Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area 2-sided allowed; max. 3 sf per sign face.
Excluded from the total number of allowed signs for all freestanding signs.
Sign Height Max. 4 ft.
Number of Signs Max. 1 per driveway entrance.
Illumination Nonilluminated, internal illumination, or external illumination.
4. Directory Signs (Freestanding). Directory signs must comply with the standards provided in the table below.
Table 17.72.050.D-2: Standards for Directory Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 10 sf; max. 1 sf per tenant space.
Excluded from the total number of allowed signs for all freestanding signs.
Sign Height Max. 8 ft from nearest grade.
Number of Signs Max. 1 per building.
A directory sign that displays multiple individual tenants, nameplates, etc., shall be considered one sign.
Illumination Nonilluminated, internal illumination, or external illumination.
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5. Freeway-Oriented Signs. Freeway-oriented signs must comply with the standards provided in the table below.
Table 17.72.050.D-3: Standards for Freeway-Oriented Signs Standards Requirements
“sf” = square feet; “ft” = feet; “lf” = linear feet
Sign Area Max. 200 sf
Sign Height 1
Max height 60 ft.
Elements to enhance the design of a sign structure may extend above the sign to a max. 20% of the sign’s allowed height or 12 inches, whichever is greater.
Base Width
The sign base cannot be individual poles and must be a single column. The base must be at least 60% of the width of the sign and tie into the overall sign design and materials.
Number of Signs
Max. 1 freeway-oriented sign in areas adjoining interchanges or for groups of adjoining parcels.
1 additional freeway-oriented sign is allowed for a single parcel or a group of parcels greater than 20 acres provided the two signs are separated by min. 300 linear ft.
Sign Placement Only located along a site frontage facing a freeway and within 500 linear ft of a freeway interchange.
Illumination Non-illuminated or internal illumination.
Special Provisions Requirements
Sign Design
The major architectural elements or details of the primary building(s) shall be integrated into the design of the support structure for the freeway orientedfreeway-oriented sign.
Standards
Table 17.72.050.D-2: Standards for Directory Signs
Requirements
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Table 17.72.050.D-3: Standards for Freeway-Oriented Signs Standards Requirements
Sign Panels for Vacant
Businesses
The sign panel on a freeway-oriented sign for a business that goes out of business shall be replaced within 30 days with a blank sign panel. Also refer to Section 17.72.080, Enforcement.
Changeable Copy Signs
and Electronic Message
Centers
Changeable copy and digital/electronic messages are not permitted.
Notes:
1. The overall height of freeway signs and their support structures shall be determined on a case-by- case basis utilizing a line of site study and visibility modeling analysis techniques which shall include an evaluation of the presence of visual obstructions, the number of anchor tenants proposed, etc. The Planning Commission will review the analysis presented by the applicant and render a judgement as to whether the proposed sign height and area is appropriate. Signs shall be no higher than necessary for effective visibility.
6. Monument Signs. Monument signs must comply with the standards provided in the table below.
Table 17.72.050.D-4: Standards for Monument Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.
Sign Height As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.
Elements to enhance the design of a sign structure may extend above the sign to a max. 20% of the sign's allowed height or 12 in, whichever is greater.
Sign Base Standards The sign base must be at least 60% of the width of the sign.
The base shall be min. 12 in. in height from finish grade.
The sign based shall be constructed of solid permanent materials such as concrete block, stone, brick, metal, stucco, or similar veneer extending the full height of the sign or to the base.
Number of Signs Only one monument sign is allowed per building per frontage.
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Table 17.72.050.D-4: Standards for Monument Signs
Sign Placement Only located along a site frontage facing a public street.
Illumination Nonilluminated, internal illumination, or external illumination.
Special Provisions Requirements
Changeable Copy Signs Max. sign area 40% of the total allowable sign area.
Other Requirement Signs shall integrate major architectural elements or details of the primary building(s) into the design of the support structure for the monument sign.
Signage must be compatible with the building and site design relative to colors, materials, and placement and will respect established architectural and/or historical character as appropriate.
§ 17.72.060. Standards for Temporary Signs.
A. Purpose. The City Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public's health, safety, and welfare. In addition to the purpose provisions of § 17.72.010, Purpose, these regulations ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs. These standards and requirements ensure that temporary signs do not create aesthetic clutter or a distraction to the traveling public.
B. General to All Temporary Signs. Temporary signs are allowed only in compliance with the provisions of this section.
1. Information Required for Display. All temporary signs are required to display the name and address of the entity placing the sign and the date the sign was erected.
2. Permits. No permits are required for the installation and placement of any temporary signs.
3. Not Included in Permanent Sign Allowances. Temporary signs are not counted toward the maximum total sign area established in § 17.72.050, Standards for Permanent Signs.
4. General Time, Place, and Manner Restrictions.
a. Location Standards. Temporary signs must be placed in compliance with § 17.72.040.B, Location Standards, unless specifically exempted by this section. b. Period of Use. There is no limit on the length of time that a temporary sign may be displayed, except for wall banner signs (see Table 17.72.060.C-2: Standards for Specific
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b. Temporary Signs). May not be displayed for a period of time exceeding 30 days in a calendar year.
c. Display Standards. Temporary signs must be placed in compliance with § 17.72.040.D, Display Standards, unless specifically exempted by this section. d. Design and Construction. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc., and must be professionally crafted.
C. Additional Standards for Temporary Signs.
1. Temporary signs are allowed in compliance with provisions in Table 17.72.060.C-1: Standards for Temporary Signs.
Table 17.72.060.C-1: Standards for Temporary Signs
Standard Requirement
“sf” = square feet; “lf” = linear feet
All Residential and Public and Open Space Zones
Total Area of all Temporary Signs at Any
One Time Max. 16 sf 1
Number of Signs Unlimited except that the total sign area must not exceed 16 sf.
All Downtown and Mixed-Use Zones
Total Area of All Temporary Signs at
Any One Time
Max. 32 sf per business, with a total of max. 72 sf per lot.
Excludes the area of temporary window signs and wall banner signs.
Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of temporary window signs and wall banner signs) must not exceed 32 sf per business.
Exception: Multi-tenant centers or offices – Max. 2 temporary wall banner signs per 150 lf of property frontage not to exceed 64 sf combined.
All Commercial and Employment Zones
Total Area of All Temporary Signs at
Any One Time Max. 30% of the building frontage. 40 sf
Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of temporary window signs and wall banner signs) must not exceed 40 sf per business) shall not exceed 30% of the building frontage.
Exception: Multi-tenant centers or offices – Max. 2 temporary wall banner signs per 150 linear feet of property frontage not to exceed 64 sf combined.
Notes:
1. The Zoning Administrator may grant, by Zoning Administrator Permit, an increase in the maximum total sign area for all temporary signs in these zones for public parks and recreation facilities, governmental facilities, public cultural facilities, and non-profit hospitals. See Section 17.100.090, Zoning Administrator Permit.
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2. Standards for Specific Temporary Signs. Temporary signs must comply with the standards provided in Table 17.72.060.C-2: Standards for Specific Temporary Signs.
Table 17.72.060.C-2: Standards for Specific Temporary Signs Standards
Temporary Sign Type
1 Height
(Max.)
Width
(Max.)
Area
(Max.)
Other Requirements
"sf" = square feet; "lf" = linear feet
A-Frame Sign 4 ft 3 ft 6 sf Only allowed in the Downtown zones.
Max. 1 A-frame sign per business.
Must be located within 15 ft of the building in which the business is located.
May be located on a sidewalk, provided a minimum width of at least 4 ft allows for unimpeded pedestrian movement.
Prohibited in residential zones.
Only permitted during regular business hours.
Must be professionally crafted and not constructed of molded vinyl or plastic.
Wall Banner 25 ft to top
of banner
— 32 sf Prohibited in residential zones.
Must be mounted on a building wall or on T -posts or stakes installed < 6 in from a wall on which the wall banner would be hung.
Window Sign — — See Note 2 Must be placed no higher than first story windows.
Inside mounting required.
Not included in the total sign area for all temporary signs.
Yard Sign Type — 4 ft 3 sf
Yard Sign Type 2 — 6 ft 4 sf All yard signs must be installed securely in the ground.
Yard Sign Type 3 — 6 ft 32 sf
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Notes:
1. Other temporary sign types may be allowed (e.g., fuel pump topper signs, wrap-around waste receptacles, or balloon bobbers), provided the maximum area limitation for all temporary signs is not exceeded.
2. The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) is established in Table 17.72.050.C -12: Standards for Window Signs.
3. All temporary signs associated with a model sales office for new subdivision or multifamily residential developments for sale or rent require approval of a Zoning Administrator Permit approval (see § 17.100.090, Zoning Administrator Permit).
§ 17.72.070. Standards for Nonconforming Signs.
Section 17.80.090, Nonconforming Signs, provides the standards and regulations for nonconforming signs.
§ 17.72.080. Enforcement.
A. Inspection. Construction of all signs, and their attachment, is governed by the regulations of the Uniform Building Code, the Uniform Sign Code, and this chapter, as adopted by the City of Woodland and shall be inspected and approved by the Building Inspector.
B. Sign Removal.
1. Unlawful Signs. The Zoning Administrator may order the removal of any sign erected, altered, or maintained in violation of this chapter, the Uniform Building Code, or the Uniform Sign Code, in which case 30 -day written notice shall be provided to the owner of the building, structure, or lot on which the sign is located requiring the removal of the sign or to bring it into compliance.
2. Dangerous or Defective Signs. The Zoning Administrator may order the immediate removal of a sign without notification if, in his or her opinion, the condition of the sign presents an immediate threat to the safety of the public.
3. Abandoned Signs. Any sign which no longer advertises the original business conducted, product sold, or activity conducted shall be deemed to have been abandoned. The Zoning Administrator shall give 30 days' written notice to the owner of the building, structure, or lot on which the sign is located to remove the sign.
C. The provisions in this chapter shall be enforced by the City of Woodland Police Department, when applicable.
D. Any Conditional Use Permit (see § 17.100.100, Conditional Use Permit) or Variance (see § 17.100.120, Variance) granted for a sign or signs shall become void if the sign is altered or relocated in any way which makes the sign in violation of the requirements of this chapter.
E. Penalties. Failure to comply with the provisions of this chapter shall subject the owner to the penalties provided for in Chapter 17.128, Enforcement, of this Zoning Code.
F. Appeals. Any person aggrieved by any decision or order of the Zoning Administrator may appeal to the Planning Commission unless such denial is based on violations of the Uniform Building Code,
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§ 17.72.080 ZONING § 17.72.090
the Uniform Sign Code, or the National Electrical Code. Denial for these reasons must be appealed to the Board of Building Appeals. Appeals shall be in writing and must be filed in the with the Zoning Administrator 10 days of the date of the decision or order which is being appealed. See § 17.96.160, Appeals.
§ 17.72.090. Severability.
If any section, sentence, clause, phrase, word, portion, or provision of the Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.
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CHAPTER 17.76
PERFORMANCE STANDARDS
§ 17.76.010. Purpose and Applicability.
A. The purposes of this chapter are to:
1. Ensure that uses and activities are conducted in a manner that protects the public health and safety and do not produce adverse impacts on surrounding properties or the community at large.
2. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
3. Protect industry from arbitrary exclusion from areas of the City.
B. The standards of this chapter shall apply to all uses and properties existing in the City at the time of adoption of this Zoning Code. The standards established by this chapter are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.
§ 17.76.020. Measurement of Impacts.
Measurements necessary for determining compliance with the performance standards of this chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
§ 17.76.030. General Standards.
Land or buildings shall be used or occupied in a manner that does not create any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
§ 17.76.040. Electromagnetic Interference.
No use, activity, or process shall cause electromagnetic interference with normal radio and television reception in any residential zone, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities, and processes shall comply with applicable Federal Communications Commission's regulations.
§ 17.76.050. Fire and Explosive Hazards.
All activities, processes, or uses involving the storage, use of, transportation, or production of products which, in the raw or finished state, constitute a flammable or explosive material (for example, flour milling or nut shell nutshell processing), or volatile extraction, shall be subject to approval by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products required by law to be disposed of by burning, and in those instances where the Fire Department deems it a practical necessity.
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§ 17.76.060 ZONING § 17.76.090
§ 17.76.060. Hazardous and Extremely Hazardous Materials.
The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, sewage system, or onto the ground.
§ 17.76.070. Heat and Humidity.
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with the ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase of more than five degrees Fahrenheit on another property.
§ 17.76.080. Light and Glare.
A. Glare. All lighting, reflective surfaces, mechanical or chemical processes, or any other sources of illumination shall be designed and located in a manner that produces no glare visible on public streets or on any other parcel. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.
B. Lighting. Lights shall be of the minimum illumination necessary for a given application and shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Lights shall be directed downward and shielded at lot lines so as to confine all direct rays to the premises on which it is located. Exterior lighting shall be fully shielded.
1. Except for public street lightsstreetlights or stadium lights, no light or combination of lights or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot-candle.
§ 17.76.090. Liquid or Solid Waste.
The use, handling, storage, and transportation of waste materials, including hazardous wastes, shall comply with the provisions of the California Hazardous Materials Regulations, the State Water Resources Control Board, and any other applicable laws.
A. Discharges to Water or Sewers. Discharge at any point into a public or private sewage disposal system, stream, or the ground, of any material that could contaminate any water supply, or otherwise cause the emission of dangerous or offensive elements is prohibited. No exceptions are allowed unless in accordance with regulations, licenses or approvals of the various local and state agencies having jurisdiction over such activities. Liquids or solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground. No exceptions are allowed unless in accordance with applicable regulations of the various local and state agencies having jurisdiction over such activities.
B. Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety, and fire hazards; and to facilitate recycling.
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§ 17.76.090 WOODLAND CODE § 17.76.110
C. Containment. Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including, but not limited to, paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way it cannot be tracked or carried by wind off site or dissolved into a water system.
Closed containers shall be provided and used for storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.
D. Incineration. There shall be no refuse incineration on the premises.
§ 17.76.100. Odors, Particulate Matter, and Air Contaminants.
A. Odors. No continuous, frequent, or repetitive odors are permitted that are perceptible on or beyond adjacent lot lines or in the public right -of-way. An odor detected no more than a total of 15 minutes in any one day shall not be deemed to be continuous, frequent, or repetitive as used in this subsection.
B. Dust or Particulates. Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter. No dust or particulate matter shall be emitted that is detectable at zone boundary lines or property lines by a reasonable person without instruments.
Exhaust air ducts shall be located or directed away from abutting properties zoned R -1, N-P, R-LM, R-M, or R-H.
C. Sources of Air Emissions. Sources of air emissions shall comply with regulations established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Yolo -Solano Air Quality Management Control District (YSAQMD). The City shall consult with YSAQMD to determine which uses shall be equipped with emission -control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by YSAQMD prior to issuance of a Building Permit or other approval authorizing construction activities. All devices shall be maintained by the owner.
§ 17.76.110. Noise.
Applicants for proposed projects may be required to provide evidence that all applicable requirements relating to noise may be satisfied by the project prior to approval. Provisions contained in Chapter 8 of the 2035 General Plan shall apply in addition to other applicable sections of the Municipal Code that relate to noise and nuisance considerations. Standards deemed "normally acceptable" are established in in Table 8-5: Land Use Noise Compatibility Standards of the General Plan.
A. Standards.
1. Sources. Table 8-6: Noise Level Performance Standards for New Projects and Existing Non - Transportation Sources, of the General Plan, provides noise level performance standards that apply to the noise sources themselves for new projects and existing non-transportation sources.
2. Exposure. Table 8-7: Maximum Allowable Noise Exposure from Transportation Sources, of the General Plan, provides the maximum allowable noise exposure from transportation related (i.e., non-aircraft) noise sources.
B. Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to noise exposure that exceed the levels established in General Plan Table 8-6: Noise Level Performance Standards for New Projects and Existing Non-Transportation Sources, and Table 8.7:
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§ 17.76.110 ZONING § 17.76.120
Maximum Allowable Noise Exposure from Transportation Sources.
C. Noise Attenuation Measures. Any project subject to the acoustic study requirements of subsection B, Acoustic Study, may be required to incorporate noise attenuation measures deemed necessary to ensure compliance with established noise standards.
1. New noise sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level within those established in Table 8-7: Maximum Allowable Noise Exposure from Transportation Sources, of the General Plan.
2. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.
3. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers may be required only after all feasible design -related noise measures have been incorporated into the project.
§ 17.76.120. Vibration.
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Machinery used for manufacturing and industrial processes, including oil and gas collection, processing, and distribution must be designed and housed to ensure that vibration will be reduced to a minimum amount discernible without the aid of instruments by a reasonable person at the lot lines of the site.
A. Development Near Railroads. A vibration study shall be required for any proposed development within 200 feet of a railroad track. Measures may be required to ensure that vibration impacts remain below acceptable levels.
B. Exemptions. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.
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CHAPTER 17.80
NONCONFORMING PROVISIONS
§ 17.80.010. Purpose.
A. This section provides regulations for nonconforming land uses, structures, signs, and lots that were lawfully established before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code, or future amendments.
B. This chapter is intended to permit continued utility and economic viability of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Zoning Code in a manner that promotes the public health, safety, and general welfare and does not conflict with the goals and objectives of the General Plan.
C. More specifically, the purpose of these regulations is to distinguish between nonconforming uses that are detrimental to public health, safety, and general welfare and those uses that are economically productive and compatible with surrounding development despite being inconsistent with applicable regulations and requirements.
§ 17.80.020. Applicability.
The provisions of this chapter apply to structures and uses that have become nonconforming by adoption of this Zoning Code as well as structures and uses that become nonconforming due to subsequent amendment to its text or to the Zoning Map (see Chapter 17.108, Amendments to the Zoning Map and Text).
Nonconforming structures and uses include:
A. Those made nonconforming by the addition of a standard or requirement previously not required for such use or structure; and
B. Uses and structures reclassified from permitted to being subject to a discretionary permit, or no longer permitted.
§ 17.80.030. Determination of Nonconforming Uses, Structures, and Lots.
Any lawfully established use, structure, or lot that is in existence on the effective date of this Zoning Code or any subsequent amendment but does not comply with all of the standards and requirements of this Zoning Code shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this chapter.
A. Legal Nonconforming Status. 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 remains in compliance with terms and conditions imposed at the time of its establishment, if any, based on evidence provided by the property owner, tenant, or applicant. Legal nonconforming status shall also be assigned if nonconformities were created by a public improvement, such as a street widening project.
B. Nonconformities. A nonconformity may result from any inconsistency with the requirements of this Zoning Code including, but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved use permit or other required
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§ 17.80.030 ZONING § 17.80.040
authorization.
A use or structure shall not be deemed nonconforming solely because it does not conform with certain design, site, or development standards including parking dimension standards, overnight vehicle parking limitations, shade requirements, fence and wall placement, loading, landscape area, or screening regulations of the district in which it is located. Additionally, a use or structure shall not be deemed nonconforming solely for lack of conformance with standards for types of building features such as cornices, eaves, and other ornamental features that exceed maximum projections into required yards; or bay windows, balconies, and terraces above the second floor that exceed maximum projections into required yards.
A use or structure's lack of conformance with similar design, site, development standards or other minor features not listed above may not rise to the level of nonconforming status as defined in this section. Such a determination may be made at the discretion of the Director.
C. Nonconforming Uses and Structures —Right to Continue. Any use or structure that was lawfully established prior to the effective date of this Zoning Code or of any subsequent amendments to its text or to the Official Zoning Map (see Chapter 17.108, Amendments to the Zoning Map and Text) may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this chapter.
D. Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this Zoning Code or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official records on file in the office of the Yolo County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a Variance (see § 17.100.120, Variance) or other modification or exception is approved as provided for in this Zoning Code.
§ 17.80.040. Nonconforming Uses.
A. Continuance. An existing use that lawfully existed on the effective date of this Zoning Code and that remains nonconforming and any nonconformity that is created as a result of the adoption or amendment of this Zoning Code may be continued or maintained as a nonconformity only in accordance with the terms of this section.
B. Extension of Use. A nonconforming use may not be extended to other parts of a building or site where the use has not traditionally operated (based on aerial photography, business license data, or other verifying documentation) unless authorized by the Director and subject to a finding that the extension will not increase or create negative impacts on surrounding properties, including, but not limited to, increased traffic, noise, vibration, dust, or odor.
C. Changes and Substitutions of Nonconforming Uses.
1. No lawful nonconforming use shall be changed to a different use type or use classification unless the new use is a permitted or conditional use approved in conformance with the requirements of this Zoning Code, or the Director finds that the use is of a similar nature to the existing lawful nonconforming use and does not increase the intensity of use as defined below.
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The Director's decision as to whether or not the use is of a similar nature and does not increase the intensity of use is appealable to the Planning Commission pursuant to § 17.96.160.
Additionally, the Director may elevate the application to the Planning Commission if the Director finds that the change in use will have a substantial effect that warrants public review.
2. This requirement shall not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 17.144, Definitions of Uses, and the use is not expanded or intensified.
3. For purposes of this section, an increase in the intensity includes the following:
a. Expanded or longer hours of operation;
b. An increase in the number of employees on a site;
c. An increase in the number of required parking spaces; d. An increase in the number of vehicles or trips to the proposed use as determined by the City's Traffic Engineer or by a Traffic Impact Analysis prepared by a licensed traffic engineer;
e. An increase in noise, odors, dust, glare, vibrations, or other operational or performance standards, that will be injurious to property and improvements of adjacent properties or the surrounding area, or will be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area; and f. Any other metric that is determined to result in an increase in the intensity of use of the building, structure, or site.
4. When a legal nonconforming use has been changed to a conforming use, the nonconforming use shall not be reestablished, except that within multifamily residential, mixed-use, or commercial districts, buildings or structures which are determined to have been lawfully constructed as a single-family dwelling may be returned to the single-family use at any time. The Director shall base the determination on evidence including Building Permits, County Assessor data, building design and appearance, or other records that demonstrate the building was originally constructed as a single-family residence.
§ 17.80.050. Continuation and Maintenance of Nonconforming Structures.
A. Continuance. An existing building or structure (including walls and fences) that lawfully existed on the effective date of this Zoning Code and that remains nonconforming and any nonconformity that is created as a result of the adoption or amendment of this Zoning Code, may be continued, or maintained as a nonconformity in accordance with the terms of this section.
B. Maintenance and Repair. Maintenance, repairs, and structural interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure except as provided in § 17.80.060, Alterations and Enlargements to Nonconforming Structures.
C. Expansion of Area Occupied by Nonconforming Use. The physical improvement of a nonconforming building or structure containing a nonconforming use shall not increase the area occupied by a nonconforming use except as provided for in § 17.80.040.
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§ 17.80.060. Alterations and Enlargements to Nonconforming Structures.
A. Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws subject to the following provisions:
1. Additions to and/or enlargements of nonconforming structures are allowed, subject to the appropriate Design Review if the addition or enlargement complies with all applicable laws and if the existing use of the property is conforming except as provided for in this chapter (see § 17.80.040, Nonconforming Uses) and subject to the following requirements in § 17.80.060.B, Improvements to Existing Nonconforming Property Conditions.
B. Improvements to Existing Nonconforming Property Conditions.
1. Existing nonconforming property conditions occur when the existing development does not comply with standards and regulations of this Zoning Code, including fencing, screening, landscaping, lighting, surfacing, signage, and other similar site improvements as may be determined by the Director.
2. In conjunction with the expansion, enlargement, or alteration of existing buildings and structures, or the construction of new buildings on a partially developed site, nonconforming property improvements shall be brought into compliance based on the following requirements or equivalent as determined by Director:
a. Ten Percent or Greater Increase in Gross Floor Area. i. Screening of outdoor storage areas consistent with Chapter 17.70, Screening Standards. New fencing must observe required setbacks from the street; and ii. Installation of landscaping equal to five percent of the parcel area, and/or replacement of dead or dying landscaping. This landscaping shall be installed along street and building frontages wherever possible.
iii. Repair and painting of the portion of existing structures in public view that are in disrepair.
b. Twenty Percent or Greater Increase in Gross Floor Area. i. Installation of street canopy landscaping as described in the § 17.64.040, Landscaping; and
ii. Inclusion of requirements contained in subsection B.2.a, 10% or greater increase in gross floor area.
c. Thirty Percent or Greater Increase in Gross Floor Area. i. Paving of existing required auto parking lot areas and installation of full parking lot canopy landscaping as described in § 17.64.040, Landscaping; ii. Provision of recycling areas in accordance with § 17.64.080, Refuse and Recycling Enclosures;
iii. Removal of existing nonconforming signs, or replacement of signs that are in
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disrepair; and
iv. Inclusive of requirements contained in subsections B.2.a, 10% or Greater Increase in Gross Floor Area, and subsection B.2.b, 20% or Greater Increase in Gross Floor Area.
d. Fifty Percent or Greater Increase in Gross Floor Area. i. Full compliance with all site improvement standards is required. e. All building additions completed within a five -year period beginning after the effective date of this Zoning Code shall be considered cumulatively for the purposes of determining the need for compliance with this Section.
§ 17.80.070. Repair and Replacement of Damaged or Destroyed Nonconforming Buildings.
A lawful nonconforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or other unintentional act may be restored or rebuilt subject to the following provisions:
A. If the cost of repair or reconstruction does not exceed 50% of the appraised value of the building or structure replacement of the damaged portions of the building is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The structure may be restored and the occupancy or use of such building or structure may be continued or resumed, provided such restoration is started within a period of one year and is diligently prosecuted to completion. The determination of the appraised value shall be the higher of:
1. The records of the Assessor of Yolo County for the fiscal year during which the application is received; or
2. An appraisal performed by a certified appraiser.
B. If the cost of repair or reconstruction exceeds 50% of the appraised value of the building or structure replacement determined pursuant to subsection A, the land and building shall be subject to all of the requirements of this Zoning Code. In the event such damage or destruction exceeds 50% of the market value of the building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located, except that if a residential use is fully destroyed but the foundation of the structure remains intact as determined by the Building Official, the residential building may be rebuilt on the existing nonconforming building foundations.
§ 17.80.080. Abandonment or Discontinuance of Nonconforming Uses.
A. If the nonconforming use of a building or structure, or a portion of a building or structure ceases to operate, whether with the intent to abandon the use or not, for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located, except as provided in this section. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.
No nonconforming use may be resumed, reestablished, or reopened, or replaced by any other nonconforming use after it has been ceased for a period of six months subject to the following
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exceptions: No lawful residential use can lapse regardless of the length of time of non-use.
B. The time period established in subsection A shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:
1. The site, building, or structure is vacated (remaining materials or equipment left behind, after a use or structure is abandoned, vacated, or no longer in operation does not constitute continued occupancy);
2. The business license expires or is revoked;
3. Utilities are terminated; or
4. The applicable lease is terminated.
C. The Director may approve an additional six -month time period during which the use will not be considered abandoned; provided that the Director finds that economic conditions warrant the additional time. If the additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed one year from the date the use was determined to have ceased to operate.
§ 17.80.090. Nonconforming Signs.
A. Continuance and Maintenance. Any sign legally existing prior to the effective date of this Zoning Code but which does not comply with the provisions of this chapter shall be deemed a nonconforming sign and may be continued or maintained as a nonconforming sign provided there is no expansion of any nonconformity on the sign.
B. Expansion, Enlargement, and Modification. No nonconforming sign shall be moved, altered, re - erected, relocated or replaced unless it is brought into compliance with the requirements of this Zoning Code. This will not prevent the repair or restoration of a nonconforming sign or sign structure to a safe condition or normal maintenance operations performed on a sign or sign structure.
C. Loss of Nonconforming Status. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 90 days, the nonconforming sign must be removed. The sign shall be removed within 30 days of notification of the property owner, owner, or manager of the property on which the nonconforming sign is located.
City of Woodland, CA
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CHAPTER 17.84
STANDARDS FOR SPECIFIC USES AND ACTIVITIES
§ 17.84.010. Purpose and Applicability.
A. Purpose. The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in some or all zones. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.
B. Applicability. Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this Zoning Code requires in the zone where the use or activity is proposed and all other applicable provisions of this Zoning Code.
1. Uses that are subject to the standards in this chapter are allowed only when authorized by the base district regulations, except where this chapter establishes a different planning permit requirement for a specific use.
2. When there is a conflict between the provisions of this chapter and a Use Permit which was granted prior to the effective date of this Zoning Code, the Conditional Use Permit (see § 17.100.100, Conditional Use Permit) shall prevail.
§ 17.84.020. Accessory Uses.
Accessory uses shall be those customarily appurtenant to a permitted use and shall be clearly incidental to and in support of the permitted use. Accessory uses are typically not greater than 20% of the floor area of the primary structure or use (see "Accessory Use" in Chapter 17.136, Definition of Terms).
Unless otherwise noted in Tables 17.28.020 -1, Use Regulations - Downtown Zones through 17.44.020-1, Use Regulations - Public and Open Space Zones or in other sections of this chapter, accessory uses are permitted if the principal use is permitted and require a permit if the principal use requires a permit.
§ 17.84.030. Accessory Dwelling Units.
A. Purpose. The purpose of this section is to provide reasonable regulations for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in certain areas and on lots developed or proposed to be developed with single-family residential dwellings, duplexes, and multiple-family units dwellings. Such accessory dwelling units contribute needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the City. In addition, the regulations in this section are intended to promote the goals and policies of the City's General Plan and comply with requirements codified in the State Planning and Zoning Law related to accessory dwelling units in residential areas, including Chapter 13 of Division 1 of Tit le 7 of the California Government Code. CaliforniaGovernment Code §§ 65852.2 and 65852.22.
B. Effect of Conforming Accessory Dwelling Unit. An accessory dwelling unit that conforms to this section shall:
1. Be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located;
City of Woodland, CA
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§ 17.84.030 ZONING § 17.84.030
2. Be deemed a residential use that is consistent with the General Plan and the zoning designations for the lot on which the ADU or JADU is located;
3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth;
4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service; and
5. Not be required to correct a nonconforming zoning condition, as defined in Section
17.84.030.C.6, Definitions, below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.
C. Definitions.
"Accessory dwelling unit (ADU)" means a residential dwelling unit that is either attached to, or located within, the proposed or existing primary dwelling (s), including attached garages, storage areas or similar uses, or an accessory structure detached from the proposed or existing primary dwelling(s) and located on the same lot as the proposed or existing primary dwelling(s), including detached garages and that provides independent living facilities for one or more persons. An accessory dwelling unit also includes:
1. An efficiency unit, as defined in California Health and Safety Code § 17958.1; and
2. A manufactured home, as defined in California Health and Safety Code § 18007. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multifamily dwelling is or will be situated.
"Efficiency kitchen" means a kitchen that includes each of the following:
1. A cooking facility with appliances.
a. A food preparation counter or counters that are of reasonable size in relation to the size of the junior accessory dwelling unit; and
b. Food storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
1. Is no more than 500 square feet in size;
2. Is contained entirely within an existing or proposed single -family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure to allow bathroom access from the main house, in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
City of Woodland, CA
§ 17.84.030 WOODLAND CODE § 17.84.030
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5. Includes an efficiency kitchen, as defined in subsection C.3, Definitions. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Locations Permitted. Accessory dwelling units and junior accessory dwelling units are permitted in all zones that allow for any single-family or multifamily residential uses, including the downtown and corridor mixed- use districts if they allow for any residential use.
E. Approvals. Before constructing an ADU or converting an existing structure or portion of an existing structure or residence to an ADU or JADU, the applicant shall obtain permits in accordance with the requirements of this Section.
1. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.
2. Building Permit Only Approval. An applicant shall not be required to submit an application for an ADU Permit under subsection E.3, ADU Permit Review, and may instead seek Building Permit (see Section 17.100.130, Building Permit) only approval for an ADU or JADU, or both, where the proposal satisfies the requirements of California Government Code § 65852.266323, as the same may be amended from time to time, the California Building Standards Code, as amended by the City, and any other applicable laws. The following are categories of ADUs and JADUs that shall be approved under this subsection E.2, Building Permit Only Approval:
a. Converted Space or Structure on Single -Family Lot. Only one ADU as described in this subsection E.2.a, Converted Spaced or Structure on Single-Family Lot, and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; ii. Has exterior access that is independent of that for the single-family dwelling; iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
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iv. The JADU complies with the requirements of California Government Code § 66333 through 6633965852.22.
b. Limited Detached on Single -Family Lot. One detached, new -construction ADU on a lot with a proposed or existing single -family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection E.2.a, Converted Spaced or Structure on Single-Family Lot, above), if the detached ADU satisfies the following limitations):
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection F.2, Height, below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages:
i. If each converted, ADU complies with state building standards for dwellings. ii. At least one converted ADU is allowed within an existing multifamily dwelling structure, but the number of ADUs created under this subsection E.2.c, Converted on Multifamily Lot, may not exceed 25% of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side - and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The total floor area is 800 square feet or smaller. iii.ii. The peak height above grade does not exceed the applicable height limit provided in subsection F.2, Height.
iv.iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does shall not exceed the number of primary dwelling units on the lot.
3. ADU Permit Review.
a. The Director or designee shall administratively (ministerially) review and approve an ADU permit application filed pursuant to subsection E.5, Application Requirements and shall not require a public hearing, provided that the submitted application is complete and that the ADU complies with the requirements contained in that section and any other applicable law.
b. Except as allowed under subsection E.2, Building Permit Only Approval, no ADU may be created without a Building Permit (see Section 17.100.130, Building Permit) and an ADU permit in compliance with the standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements. c. Discretionary Additional review for an ADU permit application is required as a result of noncompliance with standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements, and shall be subject to the review requirements in subsection E.7I, Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures ADUs That Do N ot Qualify for
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Ministerial Approval.
4. ADU Permit Application Process and Timing.
a. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved unless the following:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. If the permit application to create an ADU or JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single -family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
b. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant.
Notice of denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection E.4.a.
c. A permit to demolish a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
5. Application Requirements.
a. Applications for an accessory dwelling unit permit shall be made in writing by the property owner or his or her authorized agent, on forms provided by the Community Development Department, and accompanied by such data and information as may be necessary to fully describe the request including:
i. Name and address of the applicant.
ii. Owner-Builder Acknowledgment and Information Verification Form. iii. Assessor's parcel number(s) of the property.
iv. Plot Plan (drawn to scale) in sufficient detail to clearly describe:
(A) Physical dimensions of the property.
(B) Location and dimensions of all existing and proposed structures, walls, and fences.
(C) Location and dimensions of all existing and proposed easements, drainage structures, and utilities.
(D) Location, dimensions, and names of all adjacent roads, whether public or private.
(E) Setbacks.
(F) Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas, and parking structures.
(G) A narrative description of architectural treatments proposed for the ADU.
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v. Floor Plans. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted. For an attached ADU, the plans must include the primary dwelling as well.
vi. Elevations of all sides of the exterior structure and show all exterior structures, all architectural projections, and all openings for both the primary residence and the proposed ADU including building dimensions, and material call outs. vii. A color and materials sample board as requested by the Director. viii. Color photographs of the exterior of the primary residence as requested by the Director.
ix. Construction Management Plan. Construction hours and staging to minimize impacts on surrounding residential properties, as requested by the Director. b. The filing and review fee shall be as prescribed by City Council resolution or ordinance.
The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance.
6.1. ADUs and Discretionary Approval.
a. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements, may be allowed by the City with a Zoning Administrator Permit in accordance with Section 17.100.090, Zoning Administrator Permit and Section
17.92.020.D, Zoning Administrator. If required, a noticed public hearing shall be held in accordance with Section 17.96.080, Public Notice and Section 17.96.090, Conduct of Public Hearing.
i. Applies to ADUs over 1,000 square feet and/or three bedrooms. ii.i. The maximum size of an ADU subject to this subsection E.6, ADUs and Discretionary Approval is 1,200 square feet, or three bedrooms. b.a. Findings. Before approval of the Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) granting the exception, the Zoning Administrator shall find that:
i. The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;
ii.i. If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;
iii.i. The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;
iv.i. Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;
v.i. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access, or parking of adjacent properties; and
vi.i. Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.
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7.1. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b.a. Unpermitted ADUs and JADUs Constructed Before 2020. i. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(A) The ADU or JADU violates applicable building standards; or (B)(A)The ADU or JADU does not comply with the State ADU or JADU law (California Government Code § 65852.2) or this section. ii.i. Exceptions.
(A) Notwithstanding subsection E.7.b.i, Permit to Legalize, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.
(B)(A)Subsection E.7.b.i, Permit to Legalize does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.
F. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under Subsection 17.84.030.E.2, Building Permit Only Approval, or Subsection 17.84.030.E.3, ADU Permit Review:
1. Zoning.
a. An ADU or JADU subject only to a Building Permit under subsection E.2, Building Permit Only Approval, may be created on a lot in a Residential or Mixed-Use zone. b. An ADU or JADU subject to an ADU permit under subsection E.3, Height ADU Permit Review, may be created on a lot that is zoned to allow single -family dwelling residential use or multifamily dwelling residential use.
2. Height.
a. Except as otherwise provided by subsection F.2.b, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. c. An ADU that is attached to the primary dwelling may occupy any level of the primary dwelling unit if it is designed as an integral part of the primary dwelling and a separate ingress and egress is provided. A height of 25 feet or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower shall apply to an ADU attached to a primary dwelling. Notwithstanding the foregoing, ADUs subject to this subsection F.2.c, may not exceed two stories.
d. An ADU above a detached structure located contiguous to an alley may be up to 25 feet in
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height.
e. For purposes of this subsection F.2, Height, height is measured above existing legal grade to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days , except for one unit per parcel in zones where short -term rentals are allowe d, subject to approval through a Zoning Administrator Permit and the requirements in Section 17.84.340, Short-Term Rentals. This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, except as otherwise provided in Government Code § 65852.2666341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Owner Occupancy.
a. ADUs are not subject to owner occupancy requirements. b. As required by State law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
7. Building and Construction.
a. All ADUs and JADUs must comply with all local Building Code requirements. b. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
c. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local Building Code, as described in the California Building Code § 310, unless the Building Official or Code Enforcement Division makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
8. Deed Restriction. Prior to issuance of a Building Permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners.
The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code § 65852.26, the ADU or The JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes and applicable ADU and JADU requirements and standards.
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c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code.
If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Director or designee for the benefit of the City.
Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.266330, the following requirements must be satisfied:
a. With the Building Permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. See § 17.100.130, Building Permit.
b. By January 30 of each year after initial Building Permit issuance, the owner shall report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the City shall send a request for information to the owner.
G. Specific ADU and JADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection E.3, ADU Permit Review.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection G.1, Maximum Size, is 1,000 square feet. No more than two bedrooms are allowed. i. An ADU over 1 ,000 square feet or three bedrooms shall be subject to Zoning Administrator review as provided in subsection E.6I, ADUs That Do Not Qualify for Ministerial ApprovalADUs and Discretionary Approval. ii. No ADU shall exceed 1,200 square feet per subsection I.1.b E.6.a.ii. b. An attached ADU that is created on a lot with an existing primary dwelling shall not exceed 50% of the existing floor area of the primary dwelling. c. Exception. Application of other development standards such as size based on a percentage of the proposed or existing primary dwelling, FAR, lot coverage, front setbacks, minimum lot size, or open-space requirements for an attached or detached ADU may not require the an ADU that meets all the requirements of subsection 17.84.030.F, General ADU and JADU Requirements, to be less than 800 square feet or prevent the development of an 800 square-foot ADU on a qualifying lot.
2. Parking—General Requirement. Accessory dwelling units must meet the following parking standards.
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a. One off-street parking space is required for an ADU that is approved under subsection E.3, ADU Permit Review.
b. Parking configuration, if required:
i. The required parking spaces may be located in setback areas or tandem parking on an existing driveway unless specific findings are made under subsection G.2.b.ii. ii. Parking arrangements in subsection G.2.b.i, are not permitted if the Director (or designee) makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions. c. Exceptions. Parking standards shall not be imposed on an ADU in any of the following circumstances:
i. The ADU is located within one-half mile walking distance of public transit, including a public bus stop, bus station or transit station that charge set fares, run on fixed routes, and are available to the public.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the existing primary residence or an existing accessory structure under subsection E.2.a, Converted Space or Structure on Single-Family Lots.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided the ADU or the lot satisfies any other criteria listed in parking exception subsections G.2.c.i through v.
d. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
3. Setbacks.
a. An ADU that is subject to this subsection must conform to a 20-foot front yard setback, or the front setback imposed by the underlying zone, whichever is greater , except as otherwise allowed under subsection 17.84.030.G.1(c).
b. An ADU that is subject to this subsections G, Specific ADU and JADU Requirements must conform to four-foot side- and rear-yard setbacks. c. Alley Adjacent ADUs Adjacent to Nonresidentially Zoned Property. Side or rear yard setbacks adjacent to an alley or nonresidentially zoned property may be zero feet. Parking provided off the alley shall maintain a 24-foot back-out, which includes the alley. d. Garage and Accessory Building Conversion. No setback shall be required for a legally established, existing garage or accessory building that is converted to an ADU, provided the structure is not expanded under subsection E.2.a.i. Any expansion of the structure under subsection E.2.a.i is subject to side and rear setbacks of four feet. e. Addition Over a Garage. The four-foot minimum side and rear setback requirement of subsection G.3.b shall apply to the newly constructed portion of an ADU constructed
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above a legally established existing garage.
f. Roof Decks. All roof decks along the project perimeter and abutting residential uses shall be stepped back a minimum of five feet from the roof edge and a minimum of eight feet from the property line and shall include a minimum 42 -inch solid rail or parapet, so that they are oriented away from and screened to prevent direct views of abutting residential neighbors. Roof decks facing/adjacent to a right -of-way or alley are not required to be stepped back.
4. Lot Coverage.
a. No ADU subject to this subsection G, Specific ADU and JADU Requirements may cause the total lot coverage of the single -family lot to exceed 50%, except that an ADU that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all City development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor area ratio, and open space.
b. Rear Yard Coverage. An ADU shall not result in more than 30% rear yard coverage as measured from the rear wall of the primary residence to the rear property line (or as measured from the average distance of the rear wall from the rear property boundary if the rear wall does not follow a straight line). Except that an ADU that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all City development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor area ratio, and open space.
5. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match or be harmonious with the appearance andthe architectural design of the primary dwelling. b. The exterior lighting must be limited to down -lights or as otherwise required by the Building or Fire Code.
c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
d. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. e. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
f. All second-story windows and doors in a second unit that are less than 30 feet from a property line that is not a right -of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
g. Access stairs, entry doors and decks must face the primary residence or the alley, if applicable.
h. A garage converted to an accessory dwelling unit shall include removal of garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details.
i. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the Federal, State, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of Interior.
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6. Landscape and Screening Requirements.
a. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels when there is direct adjacency of the ADU to an existing primary dwelling on an adjacent parcel in which there is no screening as follows:
i. At least one five-gallon size plant shall be provided for every five linear feet of exterior wall.
ii. As an alternative, a solid fence of at least six feet in height may be installed along a side or rear yard in compliance with fencing standards.
b. All landscaping must be drought-tolerant.
7. Other.
a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire authority. b. Each unenclosed parking space shall be at least eight and one-half feet wide and 18 feet long. c. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and one-half feet vertical clearance.
H. Fees. The following requirements apply to all ADUs that are approved under subsections E.2, Building Permit Only Approval, and E.3, ADU Permit Review.
1. Impact Fees.
a. For purposes of this subsection, "impact fee" means a "fee" under the Mitigation Fee Act (California Government Code § 66000(b)) and a fee under the Quimby Act, California Government Code § 66477. "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. c. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).
I. ADUs That Do Not Qualify for Ministerial Approval.
1. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements,herein, and thus does not qualify for ministerial approval under subsection E.2, Building Permit Only Approval or E.3, ADU Permit Review, may be allowed by the City with a Zoning Administrator Permit in accordance with Section 17.100.090, Zoning Administrator Permit and Section 17.92.020.D, Zoning Administrator. If required, a noticed public hearing shall be held in accordance with Section 17.96.080, Public Notice and Section 17.96.090, Conduct of Public Hearing.
a. Applies to ADUs over 1,000 square feet and/or three bedrooms. b. The maximum size of an ADU subject to this subsection I,E.6, ADUs That Do Not Qualify for Ministerial Approval , and Discretionary Approval is 1,200 square feet , or three bedrooms.
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2. Findings. Before approval of the Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) granting the exception, the Zoning Administrator shall find that:
a. The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;
b. If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;
c. The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;
d. Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;
e. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access, or parking of adjacent properties; and
f. Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.
J. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs and JADUs Constructed Before 2020.
a. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or
ii. The ADU or JADU does not comply with the State ADU or JADU law (California Government Code § 65852.2) or this section.
b. Exceptions.
i. Notwithstanding subsection J.2.a, E.7.b.i, Permit to Legalize, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.
ii. Subsection J.2.a, E.7.b.i, Permit to Legalize does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3. d.
2. Utility Fees and Connection.
a. If an ADU is constructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required pursuant to Government Code
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§ 65852.2(f)(4) and (f)(5).
b. Except as described in subsection H.2.a, converted ADUs on a single -family lot that are created under subsection E.2.a, Converted Space or Structure on Single-Family Lot are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required. c. Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b, require a new, separate utility connection directly between the ADU and the utility. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.84.040. Adult Businesses.
A. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:
1. "Adult business" — means and includes all of the following types of establishments:
a. "Adult bookstore" — means a business which as a regular and substantial course of conduct offers for sale or rent books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, discs, slides, or other visual representations whose dominant or predominant character and theme is the depiction or description of specified sexual activity or specified anatomical areas, as defined in this section.
b. As defined in this subsection, "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
i. The proportion of the business' merchandise which depicts or describes specified sexual activity, specified anatomical areas or is a nonprescription, non-contraceptive sex-incitement device; and
ii. The percentage of the business' revenues which are attributable to the sale or rental of merchandise which depicts or specifies sexual activity, specified anatomical areas or is a nonprescription, non-contraceptive sex-incitement device. c. "Adult entertainment business" is a business where any of the following conditions exist:
i. The business devotes or intends to devote more than 25% of its retail inventory (not as measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise whose dominant or predominant character and theme is specified sexual activities or specified anatomical areas, hereafter referred to as "sexually explicit."
ii. The business devotes or intends to devote more than 25% of the retail floor area to sexually explicit merchandise.
iii. The business has not segregated or intends not to segregate in one location in the
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store all sexually explicit merchandise offered for sale, rental and/or viewing from the nonsexual explicit merchandise.
iv. The retail value of sexually explicit inventory offered for sale in each category: (1) books; (2) magazines; (3) Beta video tapes for sale; (4) VHS video tapes for sale; (5) Beta videos for rental; (6) VHS videos for rental; (7) novelties; (8) on -premises viewing of images, films and/or videos; exceeds or is expected to exceed 25% of the total retail value of inventory offered for sale in each category. v. Gross revenue derived from sexually explicit inventory in any particular category (see subsection A.2.d) of inventory exceeds or is expected to exceed 25% of the total gross revenue from that category. Any invoice or other sale entry which does not thoroughly and completely identify the title and/or name of each item of viewing, sale and/or rental shall be conclusively presumed to be sexually explicit merchandise for revenue percentage determination purposes.
vi. The business advertises either free or paid for advertisements in a manner that identifies the business as having sexually explicit merchandise for sale, rental and/or viewing.
vii. Any business which offers or advertises sexually explicit merchandise in any of the above categories (see subsection A.2.d), and which fails to make available to the City for inspection and copying all records of revenue on request after reasonable notice not less than 24 hours.
viii. Any business that is an adult entertainment use based on any of the above conditions may make an application for an exception. Such an application shall be made to the Zoning Administrator and shall specify all facts supporting the exception and shall have attached to it all supporting documentation.
d. "Adult hotel" — means any hotel or motel which as a regular and substantial course of conduct provides, through closed -circuit television or other media, material which is distinguished or characterizes by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas, as defined in this section. e. "Adult motion picture theater" — means an enclosed building and/or drive -in motion picture theater which is open to the public and which, as a regular and substantial course of conduct, is used for presenting filmed or videotaped materials whose dominant or predominant character and theme are the depiction or display of specified sexual activity or specified anatomical areas, as defined in this Section for observation by six or more patrons of such use at any one time.
f. As defined in this subsection, "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
i. The proportion of the theater's films which depict specified sexual activity or specified anatomical areas;
ii. The number of films depicting or displaying specified sexual activity or specified anatomical areas which are shown at the theater each week, each weekend, or each month;
iii. The nature of the films which receive top billing on the theater's marquee or in its advertising; and
iv. The proportion of the theater's revenue which is attributable to the showing of films depicting or displaying specified sexual activity or specified anatomical areas. g. "Adult picture arcade" — means any business where, as a regular and substantial course
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of conduct, coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets or other image -producing devices are used to display images to five or fewer persons per machine at any one time, and which images have as a dominant or predominant character and theme the display or depiction of specified sexual activity or specified anatomical areas. h. As defined in this subsection, "regular and substantial course of conduct" is construed with reference to a number of factors, including, but not limited to, the following:
i. The proportion of the business' movies, shows, pictures and images which have as their predominant theme the display or depiction of specified sexual activity or specified anatomical areas; and
ii. The proportion of the business' revenue which is attributable to the showing of pictures depicting or displaying specified sexual activity or specified anatomical areas.
i. "Bathhouse" — means an establishment which as a regular and substantial course of conduct provides, for a fee or other consideration, access to any kind of bath facility, including showers, saunas, and hot tubs. This definition does not include a bona fide athletic club, health club, school, gymnasium, reducing salon or similar establishment where baths or hydrotherapy are offered as incidental or accessory services. j. "Modeling studio" — means a business which provides as a regular and substantial course of conduct, for a fee or other consideration, figure models who display specified anatomical areas to be observed, sketched, photographed, painted, sculptured, or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to the standards set by the State Board of Education. k. "Nude dancing theater" — means any building or structure which as a regular and substantial course of conduct is used for the presentation of live dancing or modeling, the dominant or predominant character and theme of which are the display of specified sexual activity or specified anatomical areas, as defined in this section, and to which the public is permitted or invited.
l. "Sexual encounter center" — means a business which as a regular and substantial course of conduct provides two or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble for the purpose of engaging in specified sexual activity or displaying specified anatomical areas. "Sexual encounter center" does not include hotels or motels.
2. "Establishment of an adult entertainment use" — means and includes the opening of such a business as a new business, the relocation of such a business or the conversion of an existing use to any adult entertainment use.
3. "Specified anatomical areas" — means and includes, and is limited to, the following:
a. Less than completely and opaquely covered human genitalia, pubic region, buttocks, and female breasts below the top of the areola; and/or
b. Human male genitalia in a discernibly turgid state, even if completely or opaquely covered.
4. "Specified sexual activity" — means and includes, and is limited to, the following:
a. Actual or simulated genital or anal sexual intercourse; b. Oral copulation;
c. Bestiality;
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d. Direct physical stimulation of unclothed genitals;
e. Masochism;
f. Erotic or sexually oriented torture, beating or the infliction of pain; or
g. The use of excretory functions in the context of a sexual relationship.
5. "Applicant" — means any person who applies for a permit as required by this section.
6. "Chief of Police" — means the City of Woodland Chief of Police or designee.
7. "Clerk" — means the City Clerk.
8. "Nude dancer" — means any person whose live performance in an establishment to which the public is permitted or invited includes the presentation of live dancing or modeling, the dominant or predominant character and theme of which are the display of specified sexual activity or specified anatomical areas, as defined in this section.
9. "Permittee" — means any person operating or maintaining an adult entertainment business under a permit issued pursuant to this section.
10. "Person" — means any individual, co -partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.
B. Location.
1. Adult entertainment establishments are permitted only on the rear half of a lot.
2. No adult entertainment establishment may be permitted:
a. Within 500 feet of all of the following uses:
i. Any religious institutions;
ii. Schools;
iii. Park and recreation facilities;
iv. Community centers;
v. Libraries;
vi. Youth organizations; and
vii. Day care centers.
b. Within 750 feet of a Residential zone, a Downtown zone, a Mixed-Use zone, or a Public or Open Space zone.
c. Within 1,000 feet from any other adult book store or adult motion picture theater.
3. The distance restrictions set forth in this subsection are cumulative, not separate; therefore, adult entertainment uses may be established only on parcels which meet all of the spacing requirements set forth in this subsection.
C. Establishment Permit—Required.
1. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City the operation of an adult entertainment business without first having obtained the appropriate permit as provided in this section.
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2. Any person wishing to operate an adult entertainment business must also apply for and obtain a valid business license pursuant to Woodland Municipal Code Section 5.04.040, License Requirements and Exemptions. Any such business license shall be conditioned upon the issuance and maintenance of all permits required by this Section for the operation of an adult entertainment business.
D. Establishment Permit—Application. The application for a permit to operate an adult entertainment business shall set forth the exact nature of the business to be administered, the proposed place of business, and the facilities therefor. A form for the application required by this section shall be obtained from the Chief of Police. The completed application form shall be submitted to the Chief of Police and shall also contain the following information:
1. The full true name and any other names used by the applicant;
2. The two previous residential addresses and business addresses, if any, immediately prior to the present address of the applicant;
3. The applicant's height, weight, color of eyes, and hair;
4. The business, occupation, or employment of the applicant for the 10 years immediately preceding the date of the application;
5. The adult entertainment or similar business license history of the applicant; whether such person, in previously operating in this City or another City, County, or State under a license or permit, has had such license or permit revoked or suspended; the reasons therefor and the business activity or occupation subsequent to such action of suspension or revocation;
6. All criminal convictions, except minor traffic violations;
7. The applicant shall be fingerprinted and have his or her photograph taken by the City Police Chief and shall pay such fees therefor as are charged by the Police Chief for such services generally;
8. Such other identification and information as determined by the Police Chief, any other City department of jurisdiction, or any fire protection district or jurisdiction to be necessary to verify the truth of the matters required by this section; and
9. If the applicant is a corporation or partnership, the name of the corporation or partnership shall be set forth exactly as shown in its articles of incorporation or partnership agreement, and the information required by this subsection shall be furnished for the managing director or managing employee, any general partner, and any stockholder owning 20% or more of the stock of an applicant corporation.
E. Establishment Permit—Issuance.
1. Within 60 days after the submission of a complete application with the Chief of Police for an adult entertainment permit, the Chief of Police shall, based on input from other departments/ officials, approve or deny the permit. No permit shall be transferable to any other person. a. Prior to the expiration of such 60-day period, information received as part of the business license application review shall be forwarded to the Chief of Police. b. The Chief of Police may extend the 60-day period if information sufficient to make a determination has not yet been made available to him or her.
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City of Woodland, CA
§ 17.84.040 WOODLAND CODE § 17.84.040
2. The Chief of Police shall issue a nontransferable adult entertainment business permit if the applicant has proven that all the requirements for an adult entertainment business described in subsection A, Definitions, subsection C, Establishment Permit - Required, subsection S, Violation — Penalty, and subsection T, Establishment - Allowed Zones are met, unless the Chief of Police finds:
a. That the operation as proposed by the applicant will not comply with all the applicable laws, including, but not limited to, the building, health, planning, housing, and fire laws of, or applicable to, the City; or
b. That the personnel, or the owners and operators of the adult entertainment business have engaged in unlawful activity, or been convicted of any of the following offenses or convicted of an offense outside the state that would have constituted any of the following offenses if committed within the State:
i. Penal Code § 266i, 314, 315, 316, 318 or 647(b) or any offense requiring the personnel or the owners of an adult entertainment establishment to register under Penal Code § 290.
ii. Any felony offense involving the sale of a controlled substance specified in the California Health and Safety Code § 11054, 11055, 11056, 11057 or 11058. iii. Any crime or unlawful activity, on the basis of which the Chief of Police reasonably concludes that by reason of the nature of the crime or activity, the applicant's operation of an adult entertainment business would pose a risk of harm to the public.
F. Nude Dancer Permit —Required. It is unlawful for any person to be employed or to act as a nude dancer without having a valid permit issued pursuant to the provisions of this section, and it is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of an adult entertainment business to employ or permit any person to act as a nude dancer who is not in possession of a valid, unrevoked nude dancer permit.
G. Nude Dancer Permit—Application. The form for a nude dancer application shall be obtained from the Chief of Police. The completed form shall be submitted to the Chief of Police and shall set forth the place of business and facilities where the nude dancing shall take place. The application shall also contain the information required by subsection C, Establishment Permit—Required.
H. Nude Dancer Permit—Issuance.
1. Within 60 days after the submission of a complete application for a nude dancer permit, the Chief of Police shall act to approve or deny the permit. The Chief of Police may extend the 60-day period if information sufficient to make a determination has not yet been made available to him or her.
2. The Chief of Police shall issue a nontransferable nude dancer permit if the applicant has proven that all the requirements for a nude dancer permit described in subsection F of this section have been met, unless the Chief of Police finds that the applicant has been convicted of any offenses as set forth in subsection E.2.b.
I. Establishment Permit and Nude Dancer Permit —Deadline. The provisions of this section shall be applicable to persons engaged in the businesses regulated by this section prior to the effective date of the ordinance codified in this section, and to persons employed as nude dancers prior to the effective date of the ordinance codified in this section. Notwithstanding any other provision of this
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City of Woodland, CA
§ 17.84.040 ZONING § 17.84.040
subsection, such persons shall file for the permits required by this section within 180 days from the effective date of the ordinance codified in this section. Failure to do so shall make the continued operation of such businesses or the continued employment as a nude dancer a violation of subsection B, Location, and subsection E, Establishment Permit—Issuance.
J. Permit Renewal—Application. If a permittee wishes to renew his or her permit, the permittee shall complete an application form, as required by this section, and submit it to the City no earlier than June 1, nor later than June 15, prior to the expiration of the existing permit. Applications for renewal of establishment permits shall include, where applicable, a list of nude dancers employed by such establishment as of the renewal date. Failure to submit the renewal application during the time specified shall cause the permit to automatically expire on the next succeeding June 30.
K. Permit Renewal —Requirements. The Chief of Police shall renew permits applied for under this section if the permittee has proven that he or she still meets all of the requirements for an adult entertainment business or a nude dancer permit contained in this section, unless the Chief of Police finds that the permittee no longer complies with the provisions of subsection D.2, concerning an adult entertainment business or subsection G, Nude Dancer Permit —Application, concerning a nude dancer.
L. Permit Renewal—Procedure. The procedure for the renewal of a permit shall be the same as set forth in this section for original permit applications; however, no additional background investigation or fingerprinting shall be required.
M. Permit Revocation or Suspension.
1. Grounds for Revocation or Suspension. Any permit issued pursuant to this section may be revoked or suspended by the Chief of Police upon a finding that any of the following grounds exist:
a. A violation of any of the provisions of this section; or b. The conviction of any offense described in subsection D, Establishment Permit—Application.
2. Procedure.
a. Any City department of jurisdiction, including, but not limited to, the Community Development Department, the Building Inspection Department, the Planning Department, or any fire protection district of jurisdiction, may notify the Chief of Police that grounds exist for the revocation of an adult entertainment business or a nude dancer permit. b. The Chief of Police shall then give the permit holder written notice of the grounds for revocation or suspension. The notice also shall specify a time and place of hearing and shall be given at least 10 calendar days before the time of the hearing. At such hearing, the permit holder shall show cause why his or her permit should not be revoked or suspended. c. The permit holder may appeal the decision of the Chief of Police to the City Council. If the permit holder does not appeal, the decision of the Chief of Police is final and conclusive on expiration of the time fixed for appeal.
d. Appeal from a decision to revoke a permit issued pursuant to this Section shall be made within 10 calendar days after written or oral notice of the decision of the Chief of Police.
City of Woodland, CA
§ 17.84.040 WOODLAND CODE § 17.84.040
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e. If the permit holder requests a hearing within the time set forth in subsection L, Permit Renewal—Procedure the Clerk shall set the matter for a hearing. The permit holder shall be given written notice of the time, date, and place of such hearing by the Clerk at least 10 days prior to the date of the hearing. Such notice either shall be personally delivered to the permit holder or shall be sent by registered or certified mail. f. If notice is by registered or certified mail, it shall be deemed delivered on the day following the deposit of the notice in the United States Postal Service. g. If a hearing has been requested, the council shall receive evidence on the charges contained in the notice to the permit holder. Upon the conclusion of the presentation of the evidence on the charges, the permit holder may present evidence to refute the charges. h. Upon the conclusion of the presentation of evidence and any closing statements, the City Council may take any of the following actions, which shall be final:
i. If the City Council finds that there has been a violation of any of the provisions of this Section or finds that the permit holder has been convicted of any offense described in subsection D, Establishment Renewal —Application, the City Council may:
(A) Order the revocation of the permit (see § 17.96.150, Revocation of Permit); (B) Order the suspension of the permit for such time as the City Council deems proper; or
(C) Order the suspension of the permit for such time as the City Council deems proper, with reinstatement of the permit subject to such conditions as may be ordered by the City Council.
ii. If the City Council finds that the evidence does not support any of the charges, the City Council shall order that the charges be dismissed.
N. Compliance with Section. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of an adult entertainment business in violation of the terms and conditions of this section.
O. Operation with Revoked Permit. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of an adult entertainment business if such person's permit has been revoked.
P. Nude Dancer Compliance with Section. It is unlawful for any person to act as a nude dancer in violation of the terms and conditions of this section.
Q. Inspections. The various City departments of jurisdiction, including, but not limited to, the City Police Chief, the Building Inspection Department, and the Community Development Department, and any fire protection district of jurisdiction, may, at any time, inspect the subject premises and investigate the manner of the operation of the adult entertainment business to ensure that it is operating in compliance with this Section.
R. Change of Business Name or Location. No person granted a permit pursuant to this section shall operate under any name or conduct his or her business at any location not specified in his or her permit. If the business facilities and/or location is changed, a new permit shall be obtained.
City of Woodland, CA
§ 17.84.040 ZONING § 17.84.050
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S. Violation—Penalty.
1. Any violation of any of the provisions of this section is an infraction, and upon conviction thereof shall be punished by a fine not to exceed $50.00 for a first violation, $100.00 for a second violation within one year, and $250.00 for each additional violation within one year.
2. Every day that any such violation continues shall constitute a separate offense.
T. Establishment—Allowed Zones. The establishment of adult entertainment allowed as indicated in the use tables of Chapters 17.24 through 17.48; provided, however, no adult entertainment use may be established in any such zone unless the entire parcel upon which such use is located is outside all of the specified distance requirements set forth in subsection A, Definitions and unless the adult entertainment use complies with all the other regulations imposed within the zone by this title.
U. Conditional Use Permit Required. No person shall operate an adult entertainment use without first obtaining a Conditional Use Permit as provided in § 17.100.100, Conditional Use Permit. Such permit shall be issued by the Planning Commission if the applicant meets the criteria listed below. No other land use permit is required to operate an adult entertainment use, and only the following criteria may be required as conditions to the issuance of this use permit:
1. An application for a Conditional Use Permit has been made in accordance with the procedure set forth in § 17.100.100, Conditional Use Permit.
2. All building height, building site, minimum yard, and off -street parking requirements for uses subject to a use permit have been met. These requirements are set forth in the base zone regulations (Chapters 17.24, Residential Zones through 17.48, Planned Development).
The issuance of the adult entertainment use permit may be conditioned upon the erection of a fence of the type and design which meets the approval of the Planning Commission.
3. The building and lot on which such business is located comply with local and State law concerning signs, building security, design review, occupancy, structure, safety, and landscaping, and that all applicable building, plumbing and fire codes have been met.
4. Hours of operation may be designated by the Planning Commission as additional to the issuance of the use permit if the Planning Commission finds, based on substantial evidence presented to it, that there is a need for regulation of hours due to a specifically identified significant problem linked to the adult entertainment use. When regulating the hours of operation of an adult entertainment use, the Planning Commission shall, whenever possible, designate hours which are consistent with the hours of operation of nearby businesses which are similar in nature. If shorter hours than those of nearby businesses of a similar nature are imposed, the Planning Commission shall:
a. Identify in writing the need for such shorter hours; b. Make a specific finding, that a less restrictive condition or requirement would not alleviate the problems imposed by the longer hours of operation of such use; and c. Set forth the period of time after which the permit holder could seek review of the Planning Commission's designation of the hours of operation of said use.
5. All other regulations and provisions of this section have been complied with.
City of Woodland, CA
§ 17.84.050 WOODLAND CODE § 17.84.060
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§ 17.84.050. Agricultural Production, Light.
A. Accessory Use Only. Agricultural production is allowed as an accessory use only.
B. Location. Active agricultural uses may not be located within 500 feet of sensitive uses including residential, food production, clean tech, schools, day cares, and other places of assembly.
C. On-Site Retail Sales. Retail sales of agricultural products grown on the premises may be considered with a Zoning Administrator Permit. Review of any temporary structures, access, and parking related to on-site retail sales will be considered in the Zoning Administrator Permit review. See § 17.100.090, Zoning Administrator Permit.
D. Permanent Structures. Any on -site permanent structure must be related to the primary use.
Permanent structures associated with this use are not permitted.
E. Pesticide Use.
1. Application of all pesticides and chemicals shall follow the State of California guidelines and the County of Yolo Agricultural Weights and Measures permit requirements.
2. Pesticide use is subject to the Agricultural Commissioner of the California Department of Pesticide Regulation.
3. Pesticide use requires a minimum one -quarter-mile buffer from any school and 50 -foot buffer from any other use.
§ 17.84.060. Alcoholic Beverage Sales.
A. Purpose. Establishments which serve alcoholic beverages receive special attention from the City because of their potential to create problems, such as littering, loitering, public intoxication, and disturbances. All establishments selling alcoholic beverages are reviewed by the City. The following provisions provide minimum development standards for alcoholic beverage sales. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety, and welfare of residents by further awareness of laws relative to drinking.
B. Public Convenience and Necessity.
1. Any person whose application for an on -sale or off -sale alcohol license is required by the Alcoholic Beverage Control Board of the State of California (ABC) to be subject to a determination of public convenience or necessity (PCN determination) by the City, shall apply to the City for a determination of whether public convenience or necessity would be served by the granting of such license. Refer to the PCN review requirements below in subsection C, Requirements for On-Sale Liquor Establishments.
2. Such application shall be on forms provided by the City and contain such information as required by the City and shall be accompanied by payment of a fee.
3. The PCN application shall include a written statement from the applicant demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of the license from the ABC. See subsection G, Review of PCN Applications.
C. Requirements for On-Sale Liquor Establishments.
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1. Permit Required. Unless otherwise specified, restaurants with alcohol sales, bars, nightclubs, and lounges, and alcoholic beverage retail sales establishments, shall not be established without first securing a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) as required in the applicable base zone.
a. Exceptions. The following uses do not require a Conditional Use Permit:
i. Veterans' clubs and fraternal organizations.
ii. Full-service restaurants, defined as having gross receipts for food constituting 51% of all sales, that do not sell alcohol past 10:00 p.m.
iii. Membership organizations and clubs that are restricted to members and guests only. iv. Non-profit temporary licenses.
v. One-day on-sale licenses pursuant to California Business and Professions Code § 24045.1.
vi. Hotels or motels that offer complimentary drinks to their guests.
2. Operational Statement Required. Applicants shall submit an operational statement which shall include, but not be limited to the following:
a. Information as to persons doing business under fictitious names, members of partnerships, and officers of corporations or associations.
b. Exhibits that include a site plan and floor plan.
c. An evacuation plan in case of emergency (bars and nightclubs). d. Hours of operation.
e. Security plan (including efforts to ensure that the parking area is monitored to prohibit loitering and crowding and line control).
3. Development Standards. The following standards apply to all on-sale liquor establishments. a. Parking Areas. The designated parking area shall be oriented away from residences as much as possible and shall be clearly shown on the site plan. b. Noise. Noise levels shall be monitored to ensure compliance with all applicable noise standards.
c. Security. The Police Department shall review security measures for each application, and measures shall be based upon the function of the establishment as described in the operational statement. Additional and/or security measures such as reduced hours of operation, security guards, door monitors, alarm systems, may be required if nuisance or related problems are demonstrated to occur as a result of business practices or operations. d. Loitering. The owner and/or proprietor and/or operator of the establishment is responsible to provide supervision to prevent loitering in the immediate vicinity of the establishment. e. Tasting Rooms.
i. The tasting room use will be accessory to a restaurant or retail sales facility.
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ii. Outdoor dining and seating may be conducted as an accessory use located on the same parcel, on a contiguous adjacent parcel, or on a public right -of-way immediately adjacent to the tenant space subject to a City -issued encroachment permit.
iii. Outdoor dining and seating shall comply with all applicable adopted City design standards. See § 17.84.270, Outdoor Display, Sales, and Dining. iv. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the public sidewalk or right -of- way. Outdoor dining shall remain clear of litter at all times. v. The hours of operation of the outdoor dining and seating shall be limited to the hours of 8:00 a.m. and 10:00 p.m. If open later than 10:00 p.m. and/or within 500-feet of a residential use, a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) is required, in compliance with Table 17.84.060.C -1:
Separation of Use and Time Standards for On-Sale Liquor Establishments Outside of the Downtown.
vi. Products offered for tasting and sale may include wine, beer, olive oil, cheese, and or other specialty retail products.
vii. Outdoor events would be subject to a City-issued Special Event Permit.
4. Separation of Use and Time Standards Outside of the Downtown. Table 17.84.060.C -1:
Separation of Use and Time Standards for On -Sale Liquor Establishments Outside of the Downtown identifies the separation from residential uses and serving time requirements for all on-sale liquor establishments outside of the Downtown zones.
Table 17.84.060.C-1: Separation of Use and Time Standards for On-Sale Liquor Establishments Outside of the Downtown
Use
1 Time to Stop Sales or
Service of Alcohol
Separation From
Residential
2 Restaurant, Indoor Dining (should a restaurant
seek to stay open after 10:00 p.m. it shall require
additional use permit review and be subject to
separation standards for a bar)
3 10:00 p.m. N/A
Outdoor Dining (should the outdoor dining be
proposed to be open after 10:00 p.m. or be within
500-ft of a residential use or zone, a Zoning
Administrator Permit is required)
10:00 p.m. N/A if closed by 10:00
p.m.; 500 feet if open
after 10:00 p.m.
Tasting Room (should a tasting room seek to stay
open after 10:00 p.m., or serve alcoholic beverages
other than beer and wine, it shall require additional
use permit review and be subject to separation
standards for a bar)
10:00 p.m. N/A
Bar 2:00 a.m. 500 feet
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Time to Stop Sales or
Service of Alcohol
Table 17.84.060.C-1: Separation of Use and Time Standards for On-Sale Liquor Establishments Outside of the Downtown
Use
1 Nightclub (whether or not they serve alcoholic
beverages)
Separation From
Residential
2 2:00 a.m. 500 feet
Notes:
1 Subject to base zone requirements and performance standards.
2 Minimum horizontal distance measured between the building, or portion of the building, occupied by the alcohol use, and the closed property line of the planned or zoned residential use, not including a residential portion of a vertical missed-use development or project. 3 Multiple uses on site, as example, a restaurant that becomes a nightclub after a set time, may have separate permit for the specific uses.
D. Requirements for Off-Sale Liquor Establishments.
1. Applicability.
a. New or Expanded Use.
i. Any proposed new establishment or existing establishment that requests to expand their alcohol or business license type(s), reinstate their alcohol or business license(s) after an expiration or revocation, extend their hours of operation, or expand their floor area, shall obtain a Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) or Conditional Use Permit (see Section 17.100.100, Conditional Use Permit) as provided for in the zone - specific use regulations issued in compliance with the standards of this section.
ii. A modification to an existing establishment shall not be approved when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area.
2. Development Standards.
a. Concurrent Sale of Fuels and Off -Sale Liquor Establishments. The following additional standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:
i. Only beer and wine may be sold;
ii. The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals, or brochures at points of purchase. In addition, the owner and management shall provide adequate
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training for all employees at the location as to these matters; iii. No displays related to alcoholic beverages shall be located within five feet of any building entrance or checkout counter;
iv. Cold beer or wine shall be sold or displayed in the main, permanently affixed electrical coolers only;
v. No advertising related to alcoholic beverages shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas; vi. Employees selling beer and wine between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age; and
vii. No sale of alcoholic beverages shall be made from a drive-in window. b. General Standards for Off-Sale Facilities.
i. Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. Exterior lighting of the parking lot shall be kept at an intensity of at least one foot-candle. However, required illumination shall be placed and/or shielded in a way that minimizes light and glare on adjacent residences or sensitive uses. ii. Litter and Graffiti.
(A) Trash and recycling receptacles, that meet City design standards, shall be provided by public entrances and exits from the building. (B) The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. (C) The owners or operator shall remove graffiti within 48 hours. iii. Location.
(A) No off-sale liquor establishment outside of the Downtown shall be maintained within 500 feet of any other establishment where alcoholic beverages are sold for both off -site and on -site consumption or such consideration points as schools (public and private), established churches or other place of worship, hospitals, convalescent homes, public parks, and playgrounds and/or other similar uses. The distance of 500 feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points.
(B) No off -sale liquor establishment may lead to a grouping of more than four establishments within a 1,000 foot radius.
(C) Establishments shall not be located in areas of undue concentration, or areas of high crime, as defined by the California Business and Professions Code
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§ 23958.4(a)(1) and (2), and as determined by the Department of Alcoholic Beverage Control, unless a determination of public convenience or necessity (PCN) is approved.
iv. Adult Printed Matter. Adult magazines and all printed matter coming within the definition of the California Penal Code § 313 shall be located for sale only behind the counter and shall be stored in racks covered by modest panels. v. Noise. Noise levels shall not exceed required noise standards. vi. Display. No beer or wine shall be displayed within five feet of the front door unless it is in a permanently affixed cooler.
vii. Plastic Cup Sales. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.
3. Staff Requirements for Off -sale Liquor Establishments. It shall be the responsibility of the applicant licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to, the following topics and skills development:
a. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws. b. The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle.
c. Methods for dealing with intoxicated customers and recognizing underage customers.
E. Nonconforming Liquor Establishments and Improvements to Nonconforming Liquor Establishments.
1. Existing Uses.
a. Nonconforming. Existing establishments that have been legally established under previous regulations, but do not conform to current law, may continue to operate as a recognized use pursuant to Chapter 17.80, Nonconforming Provisions. b. Loss of Nonconforming Status. Changes to an existing use that could cause the loss of nonconforming status are, but not limited to the following:
i. When a business closes for six continuous months;
ii. Change of use (e.g., from restaurant to nightclub), or is a single use would like to establish multiple uses;
iii. An increase of floor area (including patio area) for existing use; and iv. Request to modify manner of operation, change in type of business, or character of operation.
c. When a nonconforming status is lost, any subsequent use must be consistent with current zoning and land use regulations and a new permit is required.
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§ 17.84.060 WOODLAND CODE § 17.84.060
d. Any use wishing to expand that previously did not have a use permit shall obtain a use permit issued in compliance with the standards of this section.
2. Non-Operation. Whenever all of the rights granted by a use permit are discontinued, the following rules to reestablish the use shall apply:
a. One Year or Less. The same or different operator my reestablish the use pursuant to the preexisting use permit and all conditions applicable thereto. b. More Than One Year. A new permit is required.
F. Existing Establishments Selling Alcoholic Beverages (On-Sale and Off-Sale). Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this section and licensed by the State of California for the retail sale of alcoholic beverages of on-site and/ or off-site consumption, shall obtain a modification of its Conditional Use Permit (see § 17.100.100, Conditional Use Permit) or Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) when:
1. The establishment changes its type of liquor license within a license classification; and/or
2. There is a substantial change in the mode or character of operations.
G. Review of PCN Applications.
1. Upon receipt of an application for a PCN determination, the application shall be reviewed by the Police Department, Code Compliance staff, Building Division, and any other City departments that the Director believes appropriate for review and comment. The Director may request from the applicant any additional pertinent information regarding the applicant, the proposed license, or the applicant premises.
2. The police chief or designee shall determine whether there are existing problems regarding criminal activity at the applicant premises or in the area surrounding the applicant premises.
Also, the police department shall comment on whether issuance of the license would tend to create a law enforcement problem. If the department determines that law enforcement problems exist, or that such problems would be created in the event an alcoholic beverage license is issued, a written report of the problems and a recommendation shall be given to the Director.
3. The Director shall determine whether the applicant premises are located in the appropriate land use designations and have received all required entitlements to permit the type of alcoholic beverages sales described in the application. No PCN shall be approved if the applicant premises are not within the appropriate land use designation or do not have all necessary land use entitlements.
4. The Director, in conjunction with the Code compliance coordinator, shall determine whether there are pending Code enforcement actions regarding the applicant premises. If it is determined that there is a pending or ongoing Code enforcement action involving the applicant premises, no PCN determination may be made by the department until the investigation is completed and all Code issues are resolved.
5. Any other City department that has received a request from the Director to review the application shall file its comments and, if appropriate, its recommendation on the application with the department.
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6. The Director shall contact the ABC to determine whether any protests were lodged with the ABC in relation to the applicant's request for a license from the ABC.
7. Based on an evaluation of all timely submitted written findings, comments, and the factors that may be considered, as set forth in § 17.84.060, Alcoholic Beverage Sales, the Director shall make a determination on whether public convenience or necessity will be served by the ABC's issuance of an alcoholic beverage license for the applicant premises and whether to issue or deny a letter of public convenience or necessity.
H. Issuance of a PCN Determination.
1. In all cases in which an applicant applies for a PCN determination, the Director may exercise their discretion to issue or deny issuance of a letter of public convenience or necessity. In exercising their discretion, the Director shall consider the following factors:
a. The type of proposed use by the applicant;
b. Whether the proposed use will be detrimental to the health, safety, and welfare of the community;
c. Whether the use would enhance the economic viability of the area in which it is proposed to be located;
d. The extent of support or opposition to the proposed license from members of the community;
e. The number of licenses within a one-mile radius of the proposed licensed location; f. The type of licensed premises within a one -mile radius of the proposed licensed location and the extent to which the proposed license would cause a further overconcentration of that particular type of premises in the area;
g. The background and the history of the applicant's operations, including the nature and extent of problems on any premises where he or she has operated a licensed premises in the past;
h. Whether the applicant has ever been convicted of any offense involving moral turpitude or any offense related to the sale or use of alcoholic beverages; i. How close the proposed establishment will be to a residential neighborhood, place of worship, or school;
j. Whether there is a history of police or crime -related problems in the area proposed for a license; and
k. Whether the proposed license would enhance recreational or entertainment opportunities in the area.
2. The Director may determine that the PCN will be met and the health, safety or welfare of the community will be promoted only if certain conditions are imposed upon the operations of the licensee. The conditions may cover any matter relating to the privileges to be exercised under the license. If a letter is issued with conditions applied, it shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are met by the applicant.
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3. The Director shall provide a comment period of no less than 10 calendar days prior to final approval of a letter of public convenience and necessity, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the Planning Commission to consider the application.
4. The final PCN determination shall be issued in writing by the Director who will author a PCN determination stating whether the Director finds public convenience and necessity will or will not be served by the issuance of a license from the ABC. The written determination shall be served by mail upon the applicant and the ABC within 15 business days of the decision of the Director.
5. No letter of public convenience or necessity shall be issued by the Director pursuant to this article unless the applicant agrees, in writing, that if the ABC issues a license to sell alcoholic beverages, the license will be subject to all conditions imposed as part of the PCN determination at all times the license is in use and in effect.
I. Expiration—No Transfer of a PCN Determination.
1. A PCN determination in support of the issuance of a license from the ABC is only valid for one year from the date of the Director's action and the PCN determination shall so state. If no license to sell alcoholic beverages has been issued to the applicant for the applicant premises, within one year of issuance of a favorable PCN determination, the City's PCN determination shall be deemed withdrawn without the need for further action by the Director or the applicant, and the applicant must reapply if he or she seeks another PCN determination.
2. Except as provided in California Business and Professions Code § 23958.4, the PCN determination is not transferable to any other applicant or proposed licensee. Unless permitted by California Business and Professions Code § 23958.4, any proposed licensee for the same premises must submit a new application and follow the procedures for issuance of a PCN determination in this section. Nothing in this section precludes the City from protesting the issuance of a license from the ABC pursuant to other sections of the Alcoholic Beverage Control Act, including, but not limited to, § 23958.
J. Revocation. In the event of a violation of any of the conditions imposed on an applicant or the applicant premises in accordance with this section, the Planning Commission may, after public notice and hearing, revoke any letter of public convenience or necessity issued regarding the applicant or applicant premises. Upon revocation, the applicant shall not continue to sell alcoholic beverages at the applicant premises. The determination of the Planning Commission shall become final 10 days after the date of decision unless appealed to the City Council. The revocation shall be reported to the ABC.
§ 17.84.070. Alternate Energy Sources.
A. Purpose. To encourage and promote the use of alternate energy sources by providing solar and wind access protection.
B. Solar Energy Collection Systems.
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§ 17.84.070 ZONING § 17.84.070
1. When a solar energy collection system is installed on a lot, any accessory structure or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy.
The portion of the solar collector that is protected is that portion which:
a. Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by any hypothetical 12-foot obstruction located on the lot line; and b. Has an area of not greater than one-half of the heated floor area of the structure, or the largest of the structures, served.
2. This section does not apply to accessory structures or vegetation existing on an abutting lot at the time of the installation of the solar energy collection system, or on the effective date, whichever is later. This section controls any accessory structure erected on, or vegetation planted on, abutting lots after the installation of the solar energy collection system.
3. A copy of the Building Permit for the solar energy collection system shall be kept on file in the Community Development Department and the date the Building Permit is issued shall be the effective date. The solar facility must be completed and have a final inspection, approved by the Building Inspector, within one calendar year from the date the Building Permit is issued. See § 17.100.130, Building Permit.
4. Ground-mounted solar energy collections systems shall be screened from public view and, unless in the Industrial zone, shall be located on the rear half of the property and shall meet applicable setback standards.
C. Clotheslines. It is unlawful to establish any private covenant or restriction which prohibits the installation and/or use of a clothesline in any residential zone.
D. Wind Energy Conversion Systems (WECS). Wind energy conversion systems shall be permitted in all zones subject to the following requirements:
1. Building Permit Application for a WECS. Building Permit applications (see § 17.100.130, Building Permit) for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:
a. Property line and physical dimensions of the site;
b. Locations, dimensions, and types of existing structures, and uses on site; c. Location of the proposed WECS;
d. Location of all above-ground utility lines on site or within one radius of the total height of the WECS; and
e. Location and size of the largest structure taller than 35 feet or tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a 500 -foot radius of the proposed WECS.
2. General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:
a. Size. This section covers those WECS whose swept area is 500 square feet or less. For conventional propeller WECS, this would be approximately 25 feet in diameter.
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b. Compliance with Uniform Building Code. Building Permit applications (see § 17.100.130, Building Permit) shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings.
The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Uniform Building Code. Drawing and engineering calculations shall be certified in writing by a California -registered structural engineer. This certification can be supplied by the manufacturer. Where the structural components of an installation vary from the standard design or specification, the proposed modifications shall be certified by a California - registered structural engineer for compliance with the seismic and structural design provisions of the Uniform Building Code.
All equipment and materials shall be used or installed in accordance with such drawings.
The above certifications by a California -registered structural engineer shall be deemed to satisfy all applicable requirements of the Uniform Building Code. c. Compliance with National Electrical Code. Building Permit applications (see § 17.100.130, Building Permit) shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Lightning Arrestors), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators), and 450 (Transformers and Transformer Vaults) of the National Electrical Code. The application shall include a statement from a California-registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the National Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California- registered electrical engineer for compliance with the requirements of the National Electrical Code and good engineering practices. The above certification by a California - registered electrical engineer shall be deemed to satisfy all applicable requirements of the National Electrical Code.
d. Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered engineer certifying that the rotor and over-speed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors. The certification can be supplied by the manufacturer.
e. Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any above -ground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.
f. Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high located not closer than eight feet from the ground.
Other towers should have either:
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i. Tower-climbing apparatus located not closer than 12 feet from the ground; ii. A locked anti-climb device installed on the tower; or iii. The tower shall be completely enclosed by a locked, protective fence at least six feet high.
g. Noise. The WECS shall meet the requirements of the Noise Element of the General Plan. h. Electromagnetic Interference. A wind energy conversion system shall comply with the provisions of 47 C.F.R., Parts 15 and 18. The wind energy conversion system shall be operated such that no harmful interference is caused. When notified by the City Building Inspector that a wind energy conversion system is causing harmful interference, the operator shall promptly take steps to eliminate the harmful interference. i. Signs. At least one sign shall be posted at the base of the tower warning of high voltage.
The sign shall also include emergency phone number and emergency shutdown procedures.
j. Utility Notification. No wind turbine shall be interconnected with a utility company's grid until said company has been notified in accordance with procedures established by the California Public Utilities Commission.
k. Height. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a 200 -foot radius. If an obstruction is within a 201 - to 500-foot radius, the lowest part of the WECS shall be 10 feet above it. l. Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any property lines, except as provided for under subsection D.2.e, Guy Wires. m. Abatement. If a wind energy conversion system or systems are not maintained in operational condition and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned, the system shall be removed within 30 days of written notice to the owner or operator of the system. n. Liability Insurance. The applicant, owner, lessee, or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum $300,000 property and personal liability coverage.
§ 17.84.080. Animal Keeping.
A. Purpose. The purpose of this section is to provide development standards for animal keeping and to minimize potential adverse effects related to the keeping of animals on adjoining property.
B. Additional Regulations Related to Animal Keeping. All regulations established in Woodland Municipal Code Chapter 6.08, Domestic Animal Keeping, apply to the keeping of animals in the City and should be consulted together with this section.
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C. Noncommercial Animal Keeping.
1. Livestock and Domestic Fowl Prohibited Generally. It is unlawful for any person to maintain within the City, or permit to be kept or maintained upon land belonging to such person, any cattle, horses, swine, sheep, goats, geese, ducks, turkeys, roosters, and other poultry and fame birds, except as specifically permitted under provisions of Woodland Municipal Code Section
6.08, Domestic Animal Keeping.
2. Miniature Pigs. The noncommercial raising of miniature pigs (Vietnamese pot -bellied pigs) shall comply with the standards of Woodland Municipal Code Section 6.08.040.C, and the following standards:
a. In the R-1 Zone. Not more than three miniature pigs on lots of not less than 20,000 square feet.
b. In the N-P, RL-M, and R-M Zones.
i. Not more than one miniature pig on a lot between 7,200 and 19,999 square feet. ii. Not more than two miniature pigs on lots not less than 20,000 square feet. c. Any person having charge, care, custody, or control of any miniature pig shall keep such pig exclusively upon his or her own premises.
d. The miniature pig must be kept in an enclosure that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line, and no closer than 35 feet from any dwelling unit other than on the subject lot.
D. Poultry. Crowing fowl are not permitted. Refer to Woodland Municipal Code Section 6.08.030, Keeping of chickens, pigeons, or rabbits.
E. Small Animals. Rabbits, frogs, guinea pigs, parakeets, chinchillas, dogs, cats, or other similar small animals. The raising or breeding shall comply with the following Woodland Municipal Code Section
6.08, Domestic Animal Keeping, and the standards below:
1. A total of not more than four small animals, or a combination thereof, may be kept and maintained in a clean and sanitary pen or structure.
2. Animals must be kept and maintained in an enclosed area.
3. The keeping of such animals shall not create a health or nuisance problem.
F. Kennels and Stables.
1. Kennels for dogs and cats, shall be located no closer than 200 feet from any property line, shall provide automobile and truck ingress and egress, and shall provide parking and loading spaces so designed to minimize traffic hazard and congestion.
2. Kennels and stables are subject to all other standards for accessory structures.
3. Proponents shall show that odor, dust, noise, and drainage shall not constitute a nuisance or hazard to adjoining property or uses.
G. Animal Hospital, Commercial Animal Boarding, Kennels, Pet Day Care. Animal hospitals and veterinarian hospitals, and commercial animal boarding and/or pet day care shall be located no closer
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than 150 feet from any residential district, restaurant, hotel, or motel, in any district and shall show adequate measures and controls are taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.
H. Wild, Dangerous, Exotic and Prohibited Animals. The keeping of roosters, peacocks, geese, and any animal which requires a permit from the Department of Fish and Wildlife pursuant to the Fish and Game Code § 2118, is prohibited.
§ 17.84.090. Automobile/Vehicle Sales and Services Uses.
A. Automobile/Vehicle Service and Repair, Minor and Major. In addition to other applicable standards of this section, major and minor automobile/vehicle service and repair uses, as well as another other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, regardless of ministerial or discretionary entitlement, are subject to the following standards:
1. Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound -attenuating construction to absorb noise.
Air compressors and other service equipment shall be located inside a building. See also § 17.76.110, Noise.
2. Work Areas. All work shall be conducted within an enclosed building, with the exception of pumping motor vehicle fluids, mechanical inspections and adjustments not involving any disassembly.
3. Vehicle Storage. Vehicles being worked on, awaiting service, or pick up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Chapter 17.70, Screening Standards. Unattended vehicles, or vehicle parts, shall not be parked or stored in the street, or any portion of the public right-of-way within the City.
4. Design.
a. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties
b. Incorporate half screen walls in combination with landscaping to screen vehicles while allowing eye level visibility into a site.
c. A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a Residential zone or a residential use.
d. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.
e. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.
f. Lighting is designed to be low profile, indirect, or diffused and to avoid adverse impacts on surrounding uses.
g. Any washing area will not have an adverse impact on water supply and quality. h. Electric vehicle charging stations shall be added to each site consistent with § 17.68.060,
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Electric Vehicle Charging Stations.
B. Auto/Vehicle Sales New and Used.
1. Auto sales in an open lot may only be considered as an accessory use to a retail showroom or as part of a dealership complex.
2. No surface parking lot or outdoor display area solely intended for the sale of autos and/or vehicles, that is not accessory to an indoor showroom, is allowed as a primary use on a lot.
3. The Director may approve, with conditions, the temporary overflow storage of autos and/or vehicles associated with a new car dealership as a primary use on a lot if the lot is located within
0.25 miles of the dealership.
4. Used car sales must be associated with a new car dealership, except for large format used car dealerships. A single-use used car lot is not permitted.
5. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site.
C. Service Stations. In addition to other applicable standards of this section, service stations and any other commercial use that included fuel pumps for retail sales of gasoline are subject to the following standards.
1. Pump Islands. Pump islands shall be located a minimum of 20 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.
2. Work Areas.
a. All work shall be conducted within an enclosed building except pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.
b. Outdoor work activities are not allowed adjacent to an R -L or N -P zone or a residential use.
3. Abandonment. In the case of abandonment or non -operation of a service station, the primary use must be dismantled and the site cleared within 12 months of the close of the last business day.
D. Automobile/Vehicle Washing.
1. Design.
a. Buildings shall incorporate similar design features as the main building and shall comply with the design standards of the underlying district.
b. Buildings, or structures, including vacuum stations, shall not be located within 30 feet of any public street or within 20 feet of any interior property line of a residential use or residential district. Customer waiting areas and/or carwash offices may be excepted should the Review Authority determine that they will not disrupt the residential area. c. Vehicle lanes for car wash openings shall be screened from public streets to a height of 40 inches. Screening devices shall consist of building placement, walls and/or berms with
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landscaping.
d. Vacuum stations shall be screened from view to the extent possible where feasible and be located behind buildings or otherwise screened from view and shall not be located along a street front.
e. Noise generating uses, such as service bays, car wash openings, vacuum stations, outdoor loading areas, garbage storage, and stacking lanes shall be located away from sensitive uses such as residential, day care, or schools.
f. A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a residential district.
g. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.
h. The location and number of driveways will promote safe and efficient on-site and off-site traffic circulation.
i. Lighting is designed to be low profile, indirect, or diffused and to avoid adverse impacts on surrounding uses.
j. The washing facility will not have an adverse impact on water supply and quality.
2. Self Service Drive Through. Self-service car washes are not permitted, unless accessory to a fueling station or car sales, as provided for in the use table. Requirements of subsection E.1, Discretionary Application Review shall apply.
E. Discretionary Application Review. All uses that fall under the Automobile/Vehicle Sales and Services land use category and that require a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) or Conditional Use Permit (see § 17.100.100, Conditional Use Permit) are subject to the following requirements.
1. Findings for Approval. The Review Authority shall only approve a use permit upon making the following findings:
a. The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.
b. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.
c. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.
d. Lighting is designed to be low -profile, indirect, or diffused and to avoid adverse impacts on surrounding uses.
e. The washing facility, if proposed, will not have an adverse impact on water supply and quality.
2. Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands,
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canopies, and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, parking, or other site elements, to avoid adverse impacts on adjacent lots or the surrounding area.
§ 17.84.100. Bed and Breakfast Lodging.
A. Purpose. This purpose of this section is to establish standards for the location, design, and operation of bed and breakfast lodging uses ("bed and breakfasts").
B. Limitation of Services Provided.
1. A bed and breakfast must include no more than three guest rooms.
2. Provisions for meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchen for guests are prohibited.
C. Location and Design.
1. Bed and breakfasts establishments shall be located, developed, and operated within a single unit dwelling.
2. In all Residential and Mixed-Use Districts, the exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its single-family character.
3. No exterior evidence of the use may be visible except that a sign in compliance with standards provided in § 17.72.050, Standards for Permanent Signs may be installed.
4. Required parking for the principal residence and for all required.
5. Guest parking must be provided on site. On-site parking must be designed and located so as not to detract from the residential character of the neighborhood.
D. Operations and Maintenance.
1. Bed and breakfasts must be rented for periods of less than 30 days;
2. The bed and breakfast must be conducted only by the property owner or manager living on the site of the bed and breakfast;
3. The owner shall maintain liability insurance on the property which covers the homestay and guests. The owner shall pay any applicable taxes including occupancy and sales taxes and shall obtain a business license.
4. Management shall be present while guests are on site.
5. The site shall be well maintained and kept free from litter and debris.
6. No exterior noise or activity shall occur outside the normal range of residential uses. All guest events must occur indoors between the hours of 10:00 p.m. and 8:00 a.m.
7. A special event permit is required for any group gathering or event.
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§ 17.84.110. Beekeeping.
A. Purpose. The purpose of these regulations is to allow beekeeping in a manner that is respectful of the safety of persons that may be in close proximity to the apiary. Beekeeping can contribute to pollination and better harvests in gardens. By contributing to pollination, urban beekeeping is an important complement to urban food production and to the City's sustainability goals stated in the General Plan.
B. Standards.
1. It shall be the duty of every person on whose property bees are kept to adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.
2. It shall be the responsibility of the person on whose property the bees are kept to provide adequate water for the bees to prevent bees from seeking water in neighboring swimming pools, birdbaths, ponds, or other community bodies of water.
3. A maximum of two beehives per lot on a parcel of land less than 10,000 square feet.
4. A maximum of four beehives per lot on a parcel of land with an area over 10,000 square feet.
5. Beehives are restricted to rear yards.
6. In order to ensure the appropriate height of the honeybee flight path:
a. The beehive entrance will be directed away from the neighboring property and situated behind a solid fence or hedge that is six feet in height running parallel to the property line; or
b. A beehive will be located a minimum of 25 feet away from the neighboring property line.
C. Beekeeping Registration. Beekeeping registration is required prior to establishment of an apiary, as follows:
1. The applicant must submit and the Planning Director must review plans demonstrating compliance with the standards of this section.
2. The applicant must register the apiary with the County of Yolo Agricultural Commissioner to receive notification of pesticide applications, pursuant to § 29101 of the California Food and Agricultural Code.
3. The applicant must submit plans and a signed statement showing and agreeing to compliance with all obligations imposed by this section and holding the City harmless if the owner does not comply.
D. Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.128, Enforcement, when any of the following occurs:
1. Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties;
2. Colonies of bee's swarm;
3. Bees or hives do not conform to this section; or
4. Hives become abandoned by resident bees or by the owner.
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§ 17.84.120. Commercial Cannabis Businesses.
A. Purpose. The purpose of this section is to impose zoning restrictions on commercial cannabis businesses in the City as authorized and/or licensed by the State of California pursuant to State law.
This section is not intended to, and does not, give any person or entity independent legal authority to operate a cannabis business. Rather, it is intended to impose zoning restrictions regarding cannabis businesses that may operate in the City pursuant to this Zoning Code and State law. This section is in addition to any other business license and regulatory requirements imposed on cannabis businesses by this Zoning Code or other applicable law.
B. Applicability. No part of this chapter shall be deemed to conflict with Federal law, as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or any other local, State, or Federal law, statute, rule, or regulation. Nothing in this chapter shall be construed to allow any conduct or activity relating to cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or State law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Yolo County District Attorney's office, the Attorney General of the State of California, or of the United States of America.
C. Planning Commission and City Council Review.
1. The Planning Commission shall review all Conditional Use Permit applications (see § 17.100.100, Conditional Use Permit) submitted pursuant to this section and provide a recommendation regarding approval to City Council.
2. The City Council is authorized to approve up to a maximum of six ten total Conditional Use Permits for cannabis businesses pursuant to this section.
3. In evaluating whether to recommend approval or approve a Conditional Use Permit application (see § 17.100.100, Conditional Use Permit) for a commercial cannabis business, the Planning Commission and City Council shall consider the following factors, in addition to all other requirements provided this section:
a. The type of proposed use by the applicant;
b. Whether the proposed use will be detrimental to the health, safety, and welfare of the community;
c. Whether the use would enhance the economic viability of the area in which it is proposed to be located, including adjacent and surrounding properties; d. Whether the applicant has adequately addressed potential community benefits of the use to offset potential adverse impacts;
e. The extent of support or opposition to the proposed use and location from members of the community, and applicant's plans to ensure strong community relations and compatibility with the surrounding neighborhood;
f. The number of cannabis uses located or proposed to be located within 1,000 feet of the proposed location;
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g. The extent to which the proposed use would cause a further overconcentration of that particular type of use in the area;
h. The background and the history of the applicant, including the experience and qualifications of the applicant and those persons involved in the management, oversight and day to day operations of the proposed use, the professional training and certifications of the applicant and/or persons involved in the management, oversight and day to day operations of the proposed use, and the nature and extent of problems on any premises where the applicant has operated a cannabis business in the past; i. Whether there is a history of police or crime -related problems in the area of the proposed location which may be exacerbated by establishment of the proposed cannabis use; and j. Whether the proposed license would enhance recreational or entertainment opportunities in the area.
4. The City Council is authorized to approve up to a maximum of six total Conditional Use Permits for commercial cannabis manufacturing, distribution and/or testing businesses pursuant to this chapter. The City Council is authorized to approve up to a maximum of four total Conditional Use Permits for cannabis retailers pursuant to this chapter.
5. The Director is authorized to administer reasonable guidelines and policies, including appropriate application periods for accepting requests for zoning approvals and use permits for cannabis retailers, consistent with this section, and evaluation and scoring criteria that may be used for the selection of cannabis retailers, in the event that the City receives more applications than the number of available Conditional Use Permits. The Director may use such evaluation and scoring criteria for making recommendations to the Planning Commission and City Council on the proposed uses.
6. The Director or City Council may address additional development and operational standards through conditions on the Conditional Use Permit (see § 17.100.100, Conditional Use Permit) as it determines necessary or appropriate for the cannabis retailer Conditional Use Permit under consideration, provided that any such conditions shall not conflict with operating requirements that may be applicable pursuant to other provisions of this Zoning Code.
D. General Conditions.
1. No cannabis business may operate in any zone in the City except as expressly permitted by and in conformance with the provisions of this section. No cannabis business may engage in the retail sales of cannabis unless expressly permitted or conditionally permitted pursuant to this section. No temporary cannabis events shall be permitted or conditionally permitted.
2. Any cannabis business permitted by this section must, prior to operating a cannabis business, obtain and maintain at all times a valid license issued by the State of California, as may be applicable, and any other local or regulatory licenses required by this Zoning Code. Any cannabis business operating without a valid license from the State of California shall cease operations until a valid state license is obtained, in addition to any other state and local requirements that may apply.
3. Pursuant to California Business and Professions Code § 26054(b), as may be amended, no cannabis business may be located within a 600 -foot radius of a school providing K through 12 instruction, a day care center or a youth center in existence at the time the license is issued.
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Additionally, no cannabis business may be located within a 600-foot radius of a public park. a. The City Council may make an exception if there is clear evidence based on considerations such as the separation of sensitive uses by a significant physical barrier, no expressed evidence of public concern, and the potential revitalization of an existing blighted condition, that there will be no public health, safety, or nuisance issues due to closer proximity of cannabis retail uses to an identified sensitive use.
E. Cannabis Manufacturing. Cannabis manufacturing may be permitted, subject to the requirements of this Zoning Code, including all applicable performance standards, and the granting of a Conditional Use Permit as provided for in the use tables of Chapters 17.24 through 17.48 and in § 17.100.100, Conditional Use Permits.
F. Cannabis Laboratories and Research. Cannabis laboratories and research facilities may be permitted, subject to the requirements of this Zoning Code, including all applicable performance standards, and the granting of a Conditional Use Permit as provided for as provided for in the use tables of Chapters 17.24 through 17.48 and in § 17.100.100, Conditional Use Permits. Cannabis laboratories and research facilities are prohibited from engaging in commercial cultivation, manufacturing, distribution, and sales of cannabis.
G. Cannabis Distribution Facilities. Cannabis distribution facilities may be permitted, subject to the requirements of this Zoning Code, including all applicable performance standards, and the granting of a Conditional Use Permit as provided for in the use tables of Chapters 17.24 through 17.48 and in § 17.100.100, Conditional Use Permits.
H. Cannabis Cultivation. Cannabis cultivation is prohibited.
I. Cannabis Retailers. Cannabis retailers are prohibited.
1. Cannabis retailers may be permitted, subject to the requirements of this Zoning Code including all applicable performance standards, and granting of a Conditional Use Permit as provided in § 17.100.100, Conditional Use Permit, and subsection C, Planning Commission and City Council Review, of this section, in the Corridor Mixed -Use-West Main (CMU-WM), Corridor Mixed-Use-East (CMU -E), Corridor Mixed -Use-Kentucky (CMU -K), Corridor Mixed -Use- Armfield (CMU -A), Corridor Mixed -Use-Gateway (CMU -G); Corridor Mixed -Use-Flex (CMU-F), Community Commercial Mixed -Use (CCMU), Neighborhood Mixed -Use (NMU), and Regional Commercial-Flex (RC-F), and cannabis retailers are prohibited in all other zones of the City.
2. Delivery services. In addition to the requirements established in this Chapter for Cannabis Retailers, the delivery of Cannabis and Cannabis Products shall be subject to the following requirements:
a. Commercial delivery to patients at locations outside a permitted Cannabis Retail facility shall only be permitted in conjunction with a permitted Cannabis Retail facility that has a physical location and a retail storefront open to the public. b. A Cannabis Retail facility shall not conduct sales exclusively by delivery. c. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this Chapter and State law.
2. Cannabis retailers that will not be open to the public and that perform sales exclusively by delivery are prohibited.
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3. Cannabis retailers may include a cannabis distribution facility as an accessory use to serve the on-site business pursuant to this chapter and shall be subject to the following:
a. The distribution facility shall be appurtenant and incidental to the retail use, both in terms of size and use and shall only be used to support the retail facility that is the primary use on site and, if applicable, other retail facilities owned and operated by the applicant. The distribution facility shall not be used for distribution of cannabis or cannabis products to other cannabis retailers.
b. The distribution facility shall not be predominantly visible to the public from the street frontage adjacent to the cannabis retailer or if the distribution facility is located within a commercial center, the distribution facility shall not be a specific and identifiable use apart from the cannabis retailer.
c. There shall be adequate parking and loading on site to serve both the cannabis retailer and the distribution facility, and spaces for loading associated with the distribution facility shall be located in the rear of the applicable property, outside of view from the street frontage or frontage of the commercial center. Only smaller vehicles, vans, or sprinter vans shall be used for delivery vehicles. Larger trucks, such as CA legal "semi-trucks" or "18-wheelers," and any trucks over five tons are prohibited from delivering cannabis product on site. The location and storage of all vehicles used for the cannabis business shall be provided in a safe and secure manner and meet all security requirements of the City Police Chief and applicable State requirements.
d. Accessory distribution facilities shall comply with all provisions applicable to cannabis distribution facilities as a primary land use.
4. Public notice of a commercial cannabis retail Conditional Use Permit application (see § 17.100.100, Conditional Use Permit) shall be provided to all properties within a minimum 600-foot radius 10 days prior to any scheduled public hearing date, and the site shall be posted with a highly visible notice.
a. The highly visible notice shall be a minimum of four feet wide by eight feet deep in size mounted on a freestanding sign or posted on the building frontage. b. The applicant shall be responsible for posting the site consistent with a format provided by the City and shall provide verification of the posting.
5. Cannabis retailers shall be no closer than 500 feet to each other, and no more than two cannabis retailers shall be located within a 1,000 -foot radius, except that the City Council may make an exception to this subsection if there is clear evidence based on considerations such as the separation of cannabis retail uses by a significant physical barrier, no expressed evidence of public concern, and potential economic revitalization to the proximate area, that there will be no public health, safety, or nuisance issues resulting from the closer proximity of one cannabis retail use to another.
J. Additional Regulatory Requirements. In addition to complying with all applicable requirements in this section and obtaining a state license for commercial cannabis activities, no commercial cannabis use may operate in the City without first obtaining a cannabis business permit.
§ 17.84.130. Community Gardens.
Community gardens shall be located, developed, and operated in compliance with the following.
Community gardens do not include cannabis, which is separately regulated pursuant to § 17.84.120, Commercial Cannabis Businesses.
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A. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners and property owner(s) and the City.
B. Hours of Operation. Gardens shall only be tended between dawn and dusk.
C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoop houses, or farm stands are allowed and shall comply with the property development standards of the zone.
D. Equipment. Only household garden tools and equipment, applicators, and products may be used.
This includes, but is not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, and harvesting. Pull-behind equipment is prohibited.
E. Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations.
F. Maintenance.
1. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, and other similar materials in a timely manner.
2. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.
G. Sale of Produce. Incidental sales of items grown on site are permitted.
H. Composting. Composting is limited to materials generated on site and shall be used on site.
I. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
J. Restrooms. If proposed, restrooms shall be connected to public utilities. Portable restrooms are not permitted.
§ 17.84.140. Crematorium.
A crematorium shall provide adequate analysis to verify that the use meets all standards of the air quality management district, meets the City's Climate Action Plan goals and policies, and will not create harmful odor, particulate, or other environmental impacts to adjacent uses.
§ 17.84.150. Day Care Centers, Family Day Cares, and Residential Care Facilities.
Day care centers, family day cares and residential care facilities shall be located, developed, and operated in compliance with the following standards:
A. License. The Operator shall secure and maintain all requireda licenses, including licensing from the State of California Department of Social Services.
A.B. Safety. The use shall be subject to applicable building and fire/life safety requirements for the appropriate occupancy type. Conversions of an existing home or building may require improvements.
B.C. Location. Day care centers, family day cares, or residential care facilities shall be located at least 300 feet from any other day care center, family day care, or residential care facility, unless specifically allowed pursuant to a use permit.
C.D. Pick Up and Drop Off Plan. A plan and schedule for the pick uppickup and drop off of children ,
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residents, or clients shall be provided for approval by the Director, for day care centers, large family day cares and large residential care facilities. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets.
The plan shall address:
1. Scheduled pick up and drop off times with allowances for emergencies; and
2. Prohibitions of double parking, blocking driveways of neighboring properties, or using driveways of neighboring properties.
E. Screening and Landscaping. A minimum six-foot-high solid wall or fence shall be provided for purposes of screening and securing outdoor recreational areas. Chain metal fencing and barbed wire are prohibited. All other provisions of Chapter 18.18, Landscaping, shall apply.
D.F. No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.
E.G. Additional Requirements for Child Day Care Centers.
1. Outdoor Space.
a. Child day care centers for children shall provide a minimum of 75 square feet of outdoor space for each child over two years old. This area must be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners.
b. Outdoor use area and play equipment and structures shall not be located in any required front or street side setback.
2. Hours of Operation. Drop off and pick up shall only be within the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday. Additional hours may be allowed subject to approval of a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit).
3. Noise. Outdoor activities shall not occur before 9:00 a.m. and 6:00 p.m. Review of activities outside the specified time period may be allowed subject to approval of a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit).
H. Additional Requirements for Large Residential Care Facilities.
1. Large residential care facilities in Residential Low (R -L), Neighborhood Preservation (N -P), and Residential Low-Medium (R-LM) zones shall be limited to a maximum of 12 residents.
2. Large residential care facility buildings in Residential Low (R -L), Neighborhood Preservation (N-P), and Residential Low -Medium (R -LM) zones shall comply with Section 17.56.020, Single-Family and Duplex Design Standa rds. The building scale and design must be compatible with the surrounding neighborhood.
3. Large residential care facilities with greater than 12 residents may be allowed in Residential Medium (R -M), Residential High (R -H), Downtown Civic (DX -2), Downtown Transitional (DX-3), Corridor Mixed -Use-West Main (CMU -WM), Corridor Mixed -Use-East (CMU -E), Corridor Mixed -Use-Kentucky (CMU -K), Corridor Mixed -Use-Armfield (CMU -A) Corridor Mixed-Use-Flex (CMU -F), C ommunity Commercial Mixed -Use (CCMU), Neighborhood Mixed Use (NMU), and Corridor Mixed-Use-Gateway (CMU-G) zones.
4. Parking spaces must be provided as specified in Table 17.88.030.C -1, Required Parking in the Residential and Non-Residential zones. For large residential care facilities in Residential Low
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(R-L), Neighborhood Preservation (N -P), and Residential Low -Medium (R-LM) zones where more than four parking spaces are required, parking spaces beyond four shall be required to be in a garage or screened from public view.
5. Each bedroom shall be limited to a maximum of two residents. Each resident must have access to full bathroom facilities on the same floor as their bedroom.
6. Total common area shall be provided in an amount equal to 50 square feet per resident or 300 square feet, whicheve r is greater, excluding janitorial storage, laundry facilities, kitchen, and common hallways. Common areas must be usable for gathering and resident activities.
7. Security and safety features shall be included, such as lighting, security cameras, fencing, and defensible space.
3.8. The owner must maintain the property , including litter control, recycling programs, upkeep of landscaping and shared spaces, and use of durable materials.
F.A. Screening and Landscaping. A minimum six -foot-high solid wall or fence shall be provided for purposes of screening and securing outdoor recreational areas. Chain metal fencing and barbed wire are prohibited. All other provisions of Chapter 18.18, Landscaping, shall apply.
G.A. No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.
§ 17.84.160. Drive-Through Establishments.
A. Purpose. The purpose of this section is to ensure that establishments with drive -through facilities provide adequate on-site maneuvering and circulation, that vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts.
B. Applicability. This section applies to:
1. All new uses that include drive-through facilities; and
2. The addition of, or relocation of, drive-through facilities in existing developments.
C. Location.
1. With the exception of the Corridor Mixed -Use-Gateway (CMU -G) zone, Aany new drive - through fast food/restaurant in a Mixed-Use zone must be located within 600 feet of a highway or interstate off-ramp or highway.
2. With the exception of the Corridor Mixed-Use-Gateway (CMU -G) zone, a A new drive-through may not be located within 500 feet of any existing drive-through facility.
3. Drive through windows may not front directly onto Main Street. Drive-through windows shall be located to the side or rear of the building.
4. Drive in and drive -through entrances and exits shall be a minimum of one hundred (100) feet from any intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property. Shorter distances from road
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intersections may be approved if the City Engineer determines that public safety and/or the efficiency of traffic circulation are not being compromised.
5. Drive-through stacking lanes shall be a minimum 100 feet from any residential lot. The Review Authority may modify or waive this requirement if the property is located in a mixed -use zone and if it determines that the impacts to nearby residences will be minimal.
D. Drive-Through Lane Design and Stacking Requirements.
1. Parts of a Drive-Through Facility. A drive-through facility includes the following parts:
a. Stacking lanes, which are the spaces occupied by vehicles queuing for the service to be provided; and
b. Service areas, which are areas where the point of service occurs. These include menu boards, service windows, gas pumps, and air compressors.
2. Circulation Plan. A pedestrian and vehicular circulation plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive -up facilities in a manner that will not impede traffic flow on any public right-of-way.
3. Stacking Lane Design and Layout.
a. Stacking lanes must be designed so they do not interfere with on -site parking and vehicle circulation.
b. Stacking spaces must be 11 feet wide by 22 feet long. c. Stacking lanes must be clearly identified through such means as striping, landscaping, pavement design.
d. Drive through aisles shall not exit directly into a public right -of-way. Aisles shall be integrated with the on-site circulation and shall merge with the driveway. e. Overflow from a stacking lane shall not spill out onto public streets or major aisles of any parking lot.
f. Drive through lanes shall not be located adjacent to patios and other pedestrian use areas, other than walkways to minimize emissions impact.
g. Drive through aisles shall not intersect pedestrian walkways unless no alternative exists.
In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.
h. The following are minimum required stacking spaces for -uses:
i. Drive-in bank: five spaces.
ii. Drive-in beverage, food sales: 12 spaces with a minimum of six spaces behind the menu board.
iii. Pharmacies: five spaces.
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iv. Automatic car wash: three spaces per service position. v. Gate (house) residential: Under 50 units, one space per 10 units; greater than 50 units, five spaces.
vi. Exceptions or variations may be evaluated based on a drive-through queue analysis, or if requested by the Director to evaluate potential stacking concerns, including multiple lanes.
i. A minimum nine-foot wide escape lane must be designed as part of the drive-through.
4. Speakers for drive -through lanes shall not be audible from adjacent residential uses. Sound attenuation walls, landscaping, or other mitigation measures may be required, as necessary.
5. Entrances to an aisle and the direction of flow shall be clearly designated by signs or pavement markings or raised curbs outside of the public right-of-way.
E. Landscaping and Screening.
1. Each drive -through aisle shall be screened with a combination of decorative walls, trellis structures, or other similar features, and landscape to a height of 36 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.
2. Drive through lanes and wash stall areas shall be screened from public view.
§ 17.84.170. Emergency Shelters, Daytime Service Facilities, and Low Barrier Navigation Centers.
A. Purpose. This section establishes use and development regulations for emergency shelter facilities in accordance with State law and the City's adopted housing element. In accordance with State law, local communities have a responsibility to provide adequate sites for emergency shelters that serve homeless individuals and families. The goal of emergency shelters is to address acute needs of individuals and families by providing basic residential facilities and may include programs that help residents find available social services. Consistent with the findings of the State Legislature, the City recognizes the need for, and the benefit of, temporary housing and services for homeless persons and families. This section is intended to allow for the development of emergency shelter facilities in specific zones, subject to development and operational standards that minimize potential adverse impacts on nearby properties and the community as a whole.
B. Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them in this section:
"Daytime service facility" means a place or building in which less than 24 -hour per day nonmedical care and supervision are provided including the provision of services to meet basic needs and connection to services to assist with housing, counseling, medical care, and other needs. "Emergency shelter" means any facility whose primary purpose is to provide temporary shelter with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelter shall include other interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative facilities. Emergency shelters do not include evacuation shelters during emergencies.
"Homeless person" means:
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1. People who are living in a place not meant for human habitation, in emergency shelter, in transitional housing, or are exiting an institution where they temporarily resided if they were in shelter or a place not meant for human habitation before entering the institution.
2. People who are losing their primary nighttime residence, which may include a motel or hotel or a doubled up situation, within 14 days and lack resources or support networks to remain in housing.
3. Families with children or unaccompanied youth who are unstably housed and likely to continue in that state.
4. People who are fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening situations related to violence; have no other residence; and lack the resources or support networks to obtain other permanent housing.
"Low barrier navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
C. Location of Emergency Shelters. Emergency shelters shall be located a minimum of 300 feet apart from one another. Programs may have multiple buildings on the same parcel.
D. Standards. Emergency shelters, daytime service facilities, and low barrier navigation centers shall comply with the standards of this section.
1. Property Development Standards. Emergency shelters shall conform to all property development standards of the zone in which it is located except as modified by these development standards.
a. The design of the shelter shall comply with the design standards of the base district. b. Shelter facilities shall comply with all other State and local laws, rules, and regulations that apply including Building and Fire Codes and shall be subject to inspection prior to commencement of operation.
2. Maximum Number of Persons/Beds. The maximum number of beds permitted shall be based on the carrying capacity of the property, up to a maximum of 30 pursuant to Fire/Building Code capacity. Facilities over 30 beds or clients may be considered with a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). New emergency shelters in the Industrial (I) zone may be considered with a Conditional Use Permit (see § 17.100.100, Conditional Use Permit).
Any pre-existing emergency shelter that was approved and or constructed prior to the effective date of the ordinance codified in this Code, shall be considered an allowed use. However, should the existing shelter propose a modification or expansion, a Conditional Use Permit will be required.
3. Minimum Off-Street Parking Requirements. Parking shall be sufficient to accommodate all staff working at the emergency shelter, provided the standards do not require more parking than for other residential or commercial uses within the zone. At minimum, parking shall be provided in the ratio of one space for each staff member. Staff member may include paid employees, volunteers, and needed service providers. Parking shall be off-street and on-site.
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4. Bicycle Parking. The shelter shall provide bicycle parking per § 17.68.070, Bicycle Parking.
5. Size and Location of Exterior and Interior On -Site Waiting and Client Intake Areas.
Emergency shelters shall provide 10 square feet of interior waiting and client intake space per bed. In addition, there shall be two offices or cubicles for shelters with fewer than 20 beds. For every additional bed, there shall be an additional 0.1 office, rounded up. At least 25% of the offices, rounded up, shall be private. Waiting and intake areas may be used for other purposes as needed during operations of the shelter.
a. At least one enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not blocked or used as queuing or waiting area.
b. Any exterior waiting area shall provide consideration for shade, seating, and cover for rain.
6. Provisions of On-Site Management and Safety.
a. On-site management shall be present at all times that the emergency shelter is in operation. b. The facility shall have on-site security during all hours when the shelter is in operation. c. Facilities shall provide secure areas for personal property, which shall be screened from public view.
d. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established. e. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who cannot be served by the establishment. f. Service providers shall establish affirmative measures to discourage loitering at the facility and surrounding properties.
g. Service providers shall provide the City with 24/7 contact information for an individual with the authority to address operational or emergency issues. Staff must be on hand and clearly identifiable in the event that response is needed by Public Safety personnel. h. Staff members shall be clearly identifiable to the public, clients, and emergency personnel through the use of badges, uniforms, or other identifying measures. i. Prior to the operation of the emergency shelter and annually thereafter, the shelter shall prepare and file a management plan with the Community Development Department that discusses operational rules and standards, including, but not limited to, standards governing client supervision, client services, food services, and maintenance of surrounding property, and outline all security measures to be taken on site. The plan shall also include a floor plan that demonstrates compliance with the physical standards required by this section.
7. Length of Client Stay. Temporary shelter shall be available to residents for no more than six months (180 days) in any consecutive 12-month period.
8. Lighting. Adequate external lighting shall be provided on pedestrian pathways and parking lot areas for security purposes. The lighting shall be stationary, directed away from adjacent
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properties and public rights-of-way, and of intensity compatible with the neighborhood.
9. Overnight Service Facilities. In addition to the standards in Subsections D.1 through 8 above, all emergency shelters and facilities that provide overnight service are also subject to the following:
a. Hours of Operation. A curfew no later than 10:00 p.m. shall be established and strictly enforced. Clients shall not be admitted after curfew, with exceptions allowed for client work schedules, special event attendance, and after hours' admittance of clients by organizations or public officials.
b. Screening. Any outdoor storage, including, but not limited to, items brought on -site by clients for overnight stays, shall be screened from public view in accordance with the requirements of the zone in which the facility is located. All structures and fences shall be consistent with the standards of this Zoning Code.
c. On-Site Management. The following are considerations for overnight emergency shelter management:
i. A minimum of one staff member shall be awake and on -duty, plus one additional staff or volunteer, on-premises when the facility is open. Facility staff shall be trained in operating procedures and safety plans. The facility shall not employ persons who are required to register as a sex registrant under California Penal Code § 290. ii. Service providers will continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, staff shall make information available to the client of alternative programs and locations where they may seek similar service.
iii. Service providers shall address when, where, and how often food services, laundry facilities, and access to transportation will be provided to clients.
10. Optional Common Facilities. The shelter may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:
a. Recreation room.
b. Counseling center.
c. Child care facilities.
d. Other support services.
11. Low Barrier Navigation Centers. A Low Barrier Navigation Center (LBNC) is a use allowed by right in areas zoned for Mixed-Use and Nonresidential Zones permitting multifamily uses if it meets the following requirements. Applicants applying for consideration as a LBNC shall provide documentation verifying qualification for the designation. a. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
b. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide
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services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Federal Regulations § 576.400(d) or § 578.7(a)(8), as applicable, of Title 24 as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
c. Code Compliant. It complies with Welfare and Institutions Code Chapter 6.5 (commencing with § 8255) of Division 8.
d. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Title 24 of the Federal Regulations Code § 578.3.
e. In addition to the standards in subsection A, Purpose, and subsection D, Standards that apply to all emergency shelters, facilities that are qualified as low barrier navigation centers are also subject to the following:
i. In accordance with California Government Code § 65943, action on an application shall be taken within 60 days of a complete application being filed. ii. As a low barrier facility, the following shall not present barriers to entry to a facility:
(A) The presence of partners if it is not a population specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (B) Pets. Applies to small animals (dog/cat) that are manageable and do not pose a public safety hazard to clients, staff, or other public. (C) The storage of possessions.
(D) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
12. The design of the shelter shall comply with the City's community design standards.
§ 17.84.180. Firearms Sales.
A. Applicability. This section applies to all uses that conduct retail sale, manufacture, or repair of firearms.
B. Location. All uses that conduct retail sales, manufacture or repair of firearms shall be:
1. Located a minimum of 1,000 feet from another firearm sales use.
2. Located a minimum of 500 feet from all of the following uses:
a. Schools;
b. Parks and recreation facilities;
c. Community centers;
d. Libraries;
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e. Youth organizations; and
f. Day care centers.
C. Design Standards.
1. Exterior areas shall be well lit and include video surveillance;
2. Bars on windows are prohibited; and
3. Advertising and signage on clear windows and doors shall be placed so that law enforcement personnel have clear and unobstructed view of the interior.
D. Operational Requirements.
1. All establishments shall hold and maintain all applicable licenses and permits with the State Department of Justice; and
2. A security plan shall be provided for review and approval by the Director and Chief of Police.
§ 17.84.190. Hazardous Waste Management Facilities.
All hazardous waste management facilities, except household hazardous waste collection centers authorized by the City and the Yolo County Health Department, shall be located, developed, and operated in compliance with applicable Federal and State laws and regulations, as well as the following:
A. Application Content. Applications for hazardous waste management facilities shall include the following:
1. Site Plan. A detailed site plan depicting all buildings, land uses, storage areas, parking areas, driveways, internal and surrounding traffic circulation. Occupancy type and rating for each building or structure shall be identified.
2. Best Management Practices. Demonstrate and certify that they are minimizing the generation of hazardous waste through the use of the best available technology within their manufacturing, and/or product development processes. Applicants shall also demonstrate and certify that facilities will be using the best available control technology in minimizing air emissions and processing hazardous waste. Such demonstration and certification shall be provided prior to the issuance of any Building Permit (see § 17.100.130, Building Permit) or other land use entitlement.
3. Waste Characteristics and Capacity. Identify the amounts (in tons) and types of hazardous waste to be treated and stored; the duration of stored waste on the facility site and the ultimate destination of the waste. The owner -operator shall make this information available on a yearly basis to the City of Woodland. If the application is for a transfer station the applicant shall identify the capacity of the facility to store each type of waste stream, service area(s) of the facility and ultimate disposition of the waste.
4. Air Quality Analysis. An analysis of all anticipated air quality impacts and proposed mitigation measures. The hazardous waste facility shall comply with all applicable State and Federal laws as well as all rules and regulations of the Yolo-Solano Air Quality Management District.
5. Risk Assessment. A risk assessment which analyzes in detail all probabilities of accidents or
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spills at the site, including transportation related, or accidents from the point of origin to the facility, and any other risk assessment requested by either the City Manager, Director, Fire Chief, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to and from the facility.
6. Emergency Response Plan. An Emergency Response Plan that indicates at a minimum:
a. That the proposed plan is consistent with any and all applicable County and regional Emergency Response Plans and all City, County, State, and Federal regulatory requirements regarding Emergency Response Procedure.
b. Detailed procedures to be employed at the time of emergency for each type of chemical substances utilized including contingency procedures.
c. Anticipated impacts on local fire, police, and medical services. d. Names, home, and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.
B. Flooding Information. An analysis of the potential of flooding on the site. Note residual repositories are prohibited in areas of special flood hazards as depicted by FEMA Flood Hazard Maps.
C. Traffic Analysis. Applicants shall submit a traffic analysis which addresses, at a minimum, vehicle- truck trips, effects on nearby intersections, and any special characteristics of the project site.
Applicants shall also identify the most likely transportation routes within the City and the County.
D. Closure Plan. The owner or operator of a hazardous waste facility shall, prior to any local land use decision, submit a written Closure Plan to the Yolo County Health Department. The Closure Plan shall be approved the Yolo County Health Department. All revisions to such Closure Plans shall also be submitted to the Yolo County Health Department.
E. Safety. The owner/operator shall demonstrate that the separation between the hazardous waste facility and residential areas is adequate to protect the health, safety, welfare, and property values of residents.
F. Monitoring. At minimum, hazardous waste facilities are subject to the following monitoring requirements:
1. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City Officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.
2. The owner or operator of a facility shall report yearly to the Yolo County Department of Health, Environmental Division the amount, type, and disposition of all wastes processed by the facility.
Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on site.
3. The owner or operator of a hazardous waste facility shall immediately send copies of all
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complaints as to facility operations and copies of all inspection reports made by other local, State, or Federal agencies to the Fire Chief and City Engineer.
4. Owners/Operators of all facilities shall prepare and submit an Annual Emergency Response Preparedness Report to the Fire Department and all other local emergency response agencies.
Such report shall be signed by all management personnel at the facility and each person at the facility who has emergency response responsibilities.
5. Owners/Operators of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.
G. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) shall be approved by the Fire Chief and City Engineer before such modifications occur at the facility.
H. Contingency Plan. Every hazardous waste facility shall have a contingency operation plan approved by the California Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the Police Department, Fire Department, Engineering Division, and the County Department of Environmental Health.
I. Financial Assurance. Prior to issuance of an "Occupancy Permit" to begin the use of a hazardous waste facility, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other Federal or State agency.
J. Indemnification. The applicant agrees to indemnify, defend, and render harmless the City, and its City Council and all officers, employees, and agents of the City against and from all claims, actions, and liabilities relating to the land use decision or arising out of the operation of the facility.
K. Enforcement. All costs of compliance with this Zoning Code shall be borne by the facility owner/ operator. The City shall employ any and all methods permitted by law to enforce this Zoning Code.
L. Maintenance. The owner/operator shall keep all equipment and buildings in good repair and shall employ technological advances as may be required by the California Department of Health Services, Yolo-Solano Air Quality Management District, or U.S. Environmental Protection Agency.
M. Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:
1. The project is consistent with the General Plan;
2. The project will not be detrimental to the health, safety, general welfare, or property values of the community or nearby residents;
3. The project will not significantly reduce incentives for waste minimization by hazardous waste generators;
4. There are adequate City services available to service the project;
5. The project has met or exceeded each requirement of this Zoning Code; and
6. Any potential impacts identified in the CEQA analysis may be adequately mitigated.
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§ 17.84.200. Home Occupations and Cottage Food Operations.
A. Purpose. Home occupations and cottage food operations (CFOs) provide the following benefits:
1. Permit home occupations as an accessory use in a dwelling unit;
2. Allow residents to operate small businesses in their homes, under certain specified standards, conditions, and criteria;
3. Act as "incubators" for small business, which leads to increased commercial activity as businesses grow;
4. Encourage telecommuting, and reduced vehicle use;
5. Ensure that occupations are compatible with, and do not have an adverse effect on, adjacent and nearby residential properties and uses; and
6. Ensure the liability of residential areas and the general welfare of the community.
B. Applicability. This section applies to all residential units and properties in the City regardless of their zoning designation. It does not apply to family day cares, which are regulated separately in § 17.84.150, Day Care Centers, Family Day Cares and Residential Care Facilities.
C. Zoning Clearance Required, Not Transferable. A Zoning Clearance is required for each home occupation, pursuant to § 17.100.030, Zoning Clearance. A Zoning Clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new Zoning Clearance must be obtained for each new home occupation.
D. Operational and Performance Standards.
1. Deviation from Standards. Requested deviation from Operational and/or Performance Standards requires a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) and/or a Development Review Tier 3 Permit (see § 17.100.070, Development Review Tier 3).
2. Accessory Use Only. The use of the dwelling for home occupation shall be clearly incidental and subordinate to its use for residential purposes.
3. Residential Appearance. There shall be no outward appearance of the home occupation. The residential appearance of the unit within which the home occupation is conducted shall be maintained.
4. Location. All home occupation activities shall be conducted entirely within the residential unit, or within a garage that is reserved for the residential unit. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces.
5. Maximum Size Per Residence. The home occupation may be conducted in the principal dwelling or accessory structures on the subject property; provided, that the area does not exceed 25% of the total livable area or 500 square feet (including inside storage areas), whichever is less.
6. Structural or Design Modifications. There shall be no external alteration of appearance to the dwelling or accessory structure in which a home occupation is conducted which would indicate
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a business use. Garage conversions for purposes of the home occupation are prohibited.
7. Number of Home Occupations. In no case shall more than two home occupations be conducted on a single site, and where there are two permitted, the standards of this section apply to each residence and not separately to each home occupation (e.g., only one vehicle related to the home occupations will be permitted on site and the maximum size per residence shall not be increased).
8. Owner Approval. Renters must obtain written approval of the property owner prior to operating a home occupation. This written approval shall be submitted with the business license application. The home occupation business shall terminate upon withdrawal of said approval by the property owner.
9. Employees. A home occupation may employ one full -time equivalent employee other than the residents of the dwelling. All work conducted by employees shall be conducted completely within the home or garage.
10. Clients/Patrons. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring). The combined number of clients/patrons that can attend the residence is limited to no more than one per hour, with a maximum of eight per day. There may be no more than three clients/students at any one time. Clients/students' hours of arrival and/or departure shall be staggered so as to not disrupt the surrounding properties.
11. Hours of Operation. Home occupation businesses may only be conducted between the hours of 8:00 a.m. to 8:00 p.m., seven days per week. No patrons shall be received outside of these hours.
12. Number of Vehicles. Only one vehicle, owned by the operator of the home occupation, and not to exceed one ton in capacity, may be used by the operator in conjunction with the home occupation.
13. Commercial Vehicles and Attachments. One commercial vehicle (one ton or less) may be parked on site. No attachments of equipment, machinery, or trailers used for business purposes shall be permitted either on the vehicle or on the site is within public view from the public right- of-way of neighboring properties.
14. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, Internet, or other mode of electronic communication, unless permitted per Cottage Food Preparation as provided in subsection F, Cottage Food Operations.
15. Advertising on Vehicles. Not more than one vehicle advertising a home occupation shall be permitted.
16. Deliveries. Deliveries other than standard parcel services are prohibited.
17. Signs. Signs association with home occupations are prohibited, as established in Chapter 17.72, Signs.
18. Storage. Storage of materials, goods, supplies, or equipment related to the operation of a home occupation shall not be visible. Storage must be enclosed within a building. Storage must comply with the current edition of the Uniform Building Code and Uniform Fire Code.
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19. Showrooms. Showrooms or other display arrangements shall be prohibited.
20. Equipment. No mechanical equipment shall be used that creates visible or audible interference outside the dwelling unit or that creates noise, odor, glare, smoke, dust, or hazardous conditions not normally associated with residential uses.
21. Health Hazards. No home occupation shall be detrimental to the public health, safety, or welfare. Such prohibited uses include those which involve the use of hazardous materials and uses which entail the harboring, training, or raising of animals beyond the standards of § 17.84.080, Animal Keeping.
22. Nuisances. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odor, electrical interference, or visual blight, and/or which constitutes a nuisance as defined by the City's nuisance ordinance.
23. Access for Inspection Purposes. The City may, at all reasonable times during regular business hours, enter the premises for the purpose of inspection to determine whether the home occupation is in compliance with the conditions of this section.
24. Other Applicable Regulations. Home occupations shall comply with provisions of health code requirements, relevant Uniform Building Codes, applicable regulations of the Alcohol, Tobacco, and Firearms Division of the Federal Department of Treasury, and all other applicable Federal, State, or local regulations.
E. Prohibited Uses. A home shall not be used for the following:
1. The use of hazardous materials of a type or quantity not normally associated with residential uses;
2. Automobile related activities, including auto repair except for personal vehicles;
3. Small engine repair, including lawn mowers and chainsaws. Woodworking and other similar uses shall be confined to noncommercial, hobby-type related activities;
4. Adult businesses;
5. Animal boarding, care, training, breeding, raising, or grooming, or veterinary services;
6. Automotive/vehicle sales with any on-site storage or sale of vehicles;
7. Barber, beauty, nail salon, with multiple stations, with the exception that a single station is permitted with visits made by appointment for a technician who is certified by the State of California and meets all applicable licensing requirements;
8. Commercial food preparation, food handling, processing, or packaging, other than cottage food preparation;
9. Contractors' storage yards;
10. Firearms manufacture, sales, or repair;
11. Carpentry and cabinet making business;
12. Hotel/motel;
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13. Junkyards;
14. Marijuana distribution;
15. Massage establishments, except for a massage technician who is certified by the State of California and meets all other applicable requirements and holds a valid permit issued under Woodland Municipal Code Chapter 5.20, Massage Establishments;
16. Medical and dental offices, clinic, and laboratories;
17. Mini-storage;
18. Mortuaries;
19. Pharmacies;
20. Print shops/copy centers;
21. Restaurant;
22. Retail sales;
23. Tanning salon;
24. Tattoo studios;
25. Towing service;
26. Welding, metal working and machining businesses;
27. Yoga/spa retreat center; and
28. Other uses the Director determines to be similar to those listed above, or which by operation or nature are not incidental to or compatible with residential activities.
F. Cottage Food Operations. A cottage food operation shall obtain an annual registration or annual permit to operate through Yolo County Environmental Health Services prior to commencing operations. Yolo County Environmental Health Services shall review for compliance with the provision of State law related to cottage food operations as described below and as subject to periodic amendment by the State:
1. A "Class A" cottage food operation is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in subsection F.2, below.
2. A "Class B" cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues (see Direct Sale in Chapter 17.136, Definitions of Terms), from off -site events, or from a third -party retail food facility described as an indirect sale (see Indirect Sale in Chapter 17.136, Definitions of Terms).
G. Exemptions. Day care facilities for 12 or fewer persons shall be exempt from this section.
H. Fees. Applicants for new or renewed home occupations/business licenses shall pay all appropriate fees pursuant to the City fee schedule.