Woodland City Council
September 16, 2025

City of Woodland, CA
§ 17.84.200 ZONING § 17.84.230
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I. Penalties. Any violation of the provisions of this section shall be subject to enforcement under the applicable provisions of the City's nuisance ordinance.

§ 17.84.210. Hookah Lounges.

Hookah lounges shall be located a minimum 1,000 feet from any other such establishment, public park, child day care, or school and a minimum 500 feet from any residential zone.

§ 17.84.220. Indoor Warehousing, Distribution.

A. Purpose. Warehousing functions to allow the safe storage of goods within a building. The primary function is storage rather than the delivery or distribution of materials, except on a limited basis.

B. Establishment. Indoor warehousing shall be allowed as accessory to a primary use such as manufacturing or to allow storage of pre-packaged agricultural products.

§ 17.84.230. Live/Work.

A. Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, as allowed in the base zone district.

B. Design. Live/work units are flexible in their use and configuration. Four typical models of live/work units are described below:

1. The live -within type has a workplace and living area completely overlapping, such that the demarcation line can be adjusted continuously and on a daily cycle. This is suitable as a business incubator, with double functioning spaces.

2. The live-above type has the workplace below the residential quarters. The separation between the two functions is complete, allowing the commercial section to be independently leased out for limited use.

3. The live-behind type has the workplace in front of the residential quarters, thereby liberating the rear part of the lot for a conventional house. The demarcation between the two uses is complete, allowing the workspace to be leased to a separate entity for limited use.

4. The live-in-front type is a single-family house where the workplace is typically behind the living quarters, along a rear alley. The house is intended to be fully compatible with a conventional house, with freestanding work quarters suitable for restricted uses. The demarcation between the two uses is adjustable to changes in the family life.

C. Uses.

1. The commercial component of live/work units are intended for use by the following, or similar, occupations: accountants, architects, artists and artisans, attorneys, computer software and multimedia related professionals, consultants, engineers, fashion, hair stylists, home -based office, one-on-one instructions. The Director may authorize other uses that may be permitted or conditionally permitted in the base district, using reasonable discretion, as long as such other uses are not precluded by law.

City of Woodland, CA
§ 17.84.230 WOODLAND CODE § 17.84.230
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2. In order to protect the health and safety of persons who reside in a live/work unit or in a building which contains one or more live/work units, no work activity shall be permitted nor shall any live/work unit be established on any site that contains those uses which the Director finds would, by virtue of size, intensity, hours of operation, number of employees or the nature of the operation, have the potential to adversely affect others living or working in or nearby the live/ work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes.

3. The uses as designated and approved on a floor plan shall remain and may not be converted (commercial may not be converted to residential and residential may not be converted to commercial).

4. All work must be conducted inside the building, and the commercial activity may not be conducted in the yard with the exception of meetings or other low intensity uses that do not negatively impact adjacent residential properties.

5. Signage intended to promote on-site commercial uses shall be restricted to two square foot signs permanently affixed to door or wall of the business component.

6. Signage shall be developed in accordance with a master sign plan for the overall development site.

D. Location and Size.

1. A live work unit is typically a single unit, (e.g., studio, loft, one bedroom) consisting of both a commercial/office and residential component. Adequate and clearly defined working space constituting no less than 40% of the gross floor area of the live/work unit is required. a. The working space must be reserved for and regularly used by one or more live/work unit residents.
b. At least 40 square feet of usable open space shall be provided for each live/work unit. With the exception of in the Downtown zones, where none is required.

2. Residential units are permitted above the commercial component, to the side or in back of the business component, provided that there is internal access between the residential and commercial space.

3. For sites that are designated or developed as high density residential, non -residential uses may occupy up to one-third of the square footage of the building or buildings as long as residential use occupies two thirds or more of the site.

E. Performance Considerations.

1. The commercial use shall not generate vehicular traffic, in excess of normal residential traffic, which will interfere with residential traffic circulation or shall not cause more than three vehicles including vehicles used by customers, vendors, or delivery services to visit the premises per day.

2. The live/work unit shall be required to provide parking in accordance with Chapter 17.76, Performance Standards.

3. No more than one employee (excluding residents of the dwelling unit) shall work or report to

City of Woodland, CA
§ 17.84.230 ZONING § 17.84.240
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work on the premises, and the employment of any persons who do not reside in the live/work unit shall comply with all applicable Building Code requirements.

4. The commercial use shall not generate external noise, odor, glare, vibration, or electrical interference detectable to the normal sensory perception by adjacent neighbors.

5. No explosive, toxic, combustible, or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

6. The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the dwelling units.

F. Business License. At least one resident in each live/work unit shall maintain at all times a valid City Business License and Zoning Clearance (see § 17.100.030, Zoning Clearance) for a business on the premises.

G. Unit Sale. No portion of a live/work unit may be separately sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

§ 17.84.240. Manufactured Home Parks, RV/Trailer Parks, and Manufactured Buildings.

A. Manufactured Home Parks. Manufactured (mobile) home parks shall be located, developed, and operated in compliance with the following standards, in addition to the requirements of Title 25 California Code of Regulations, Division 1 Housing and Community Development, Chapter 2, Mobile Home Parks and Installations:

1. Permit Required. A Conditional Use Permit is required. See § 17.100.100, Conditional Use Permit.

2. Site Size. The minimum size area for a manufactured home park shall be five acres.

3. Density. The minimum number of manufactured homes within a manufactured home park shall be 50. The maximum density of a manufactured home park is established by zone regulations.

4. Minimum Setbacks. All manufactured homes within a manufactured home park development shall be setback from perimeter property lines consistent with the required setbacks of the underlying base zone.

5. Landscaping. Landscaping pursuant to § 17.64.040, Landscaping, shall be provided.

6. Fencing and Perimeter Walls. A manufactured home park shall be enclosed by a solid decorative masonry wall, erected, and maintained in the following areas:
a. Along the property side of the streetscape setback;
b. Along all interior property lines, except the area within the required street side setback and any area used for pedestrian or vehicle access; and
c. Along all property lines adjoining another private property.

7. Pedestrian and Bicycle Internal Circulation. A manufactured home park shall be designed such that there is an internal pedestrian walkway from the homes to any open space, club house,

City of Woodland, CA
§ 17.84.240 WOODLAND CODE § 17.84.240
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and project entry and exits. Safe bicycle access shall be provided throughout the site.

8. Internal Roadways. A manufactured home park shall be designed such that access to public roads is provided to the satisfaction of the Community Development Department, and consistent with applicable standards in Chapter 17.68, Parking and Loading. a. Minimum Width. All roadways shall have a minimum width of 24 feet from curb to curb. b. Paving. All access roads, defined here as all roadways between points of ingress and egress to and from the manufactured home park to public roads, shall be paved. c. Design. Roadways shall be designed so that each living unit lot shall front upon a roadway within the development and provide convenient and reasonable traffic circulation. All circulation roads within a manufactured home park shall comply with the following standards.
i. Roads shall be suitable for all utility, fire, and service vehicles; ii. Roads shall be graded so there will be no depressions in which surface water will accumulate and remain;
iii. Roads shall be sloped to provide proper storm drainage run -off by means of surface or subsurface drainage facility; and
iv. Roads shall be maintained to avoid excessive dust.

9. Off Street Parking.
a. One-Way, One Lane Roadways.
i. Parking shall be prohibited on one-way, one-lane roadways less than 24 feet in width. ii. Where parking is permitted on one side of the roadway, the roadway shall be a minimum of 24 feet in width.
iii. Where parking is permitted on both sides of the roadway, the roadway shall be at least 34 feet in width.
b. Two-Way, Two Lane Roadways.
i. Parking shall be prohibited on two-way, two-lane roadways less than 34 feet in width.
ii. Where parking is permitted on one side of the roadway, the roadway shall be a minimum of 34 feet in width.
iii. Where parking is permitted on both sides of the roadway, the roadway shall be at least 44 feet in width.

10. Improvement of Existing Manufactured Home Parks. Upon the receipt of an application for the enlargement or extension of a manufacture home park in existence prior to adoption of this Code, the Planning Commission may modify the requirements of this section to the extent otherwise consistent with applicable law provided that doing so will result in an overall improvement in the design standards of the existing park.

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§ 17.84.240 ZONING § 17.84.240
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B. RV/Travel Trailer Parks.

1. Minimum Setbacks. All parking or camp spaces shall be setback from perimeter property lines consistent with the required setbacks of the underlying base zone.

2. Landscaping. Landscaping pursuant to § 17.64.040, Landscaping, shall be provided.

3. Fencing and Perimeter Walls. An RV/travel trailer park shall be enclosed by a solid decorative masonry wall, erected and maintained in the following areas:
a. Along the property side of the streetscape setback;
b. Along all interior property lines, except the area within the required street side setback and any area used for pedestrian or vehicle access; and
c. Along all property lines adjoining another private property.

4. Pedestrian and Bicycle Internal Circulation. An RV/travel trailer park shall be designed such that there is an internal pedestrian walkway from the homes to any open space, club house, and project entry and exits. Safe bicycle access shall be provided throughout the site.

5. Internal Roadways. An RV/travel trailer park shall be designed such that access to public roads is provided to the satisfaction of the Community Development Department, and consistent with applicable standards in Chapter 17.68, Parking and Loading. The requirements provided in subsection A.8, Internal Roadways shall apply.

6. Parking. The requirements provided in subsection A.9, Off Street Parking shall apply.

7. Toilets and lavatories for the exclusive use of the occupants shall be provided on the basis of one toilet for each sex, for each 15 spaces or fraction thereof.

8. A recreational vehicle shall not be located closer than three feet from a property line or lot line.

9. Each space in a travel trailer park shall have direct access to a roadway.

10. All travel trailer parks shall conform to the provisions of the Manufactured Home Parks Act, Title 25, California Administrative Code.

11. A Conditional Use Permit is required. See § 17.100.100, Conditional Use Permit.

C. Manufactured or Modular Homes in Residential Zones.

1. Standards. A manufactured or modular home shall be allowed provided it:
a. Is to be occupied only for residential purposes;
b. Conforms to all of the residential use development standards for single -family structures applicable to the zone including, but not limited to, building height, access, setbacks, open space, and parking; and
c. Is certified under the National Manufactured Housing Constructed and Safety Standards Act of 1974 and has been constructed after June 15, 1976.

2. Compatibility. A manufactured or modular home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

City of Woodland, CA
§ 17.84.240 WOODLAND CODE § 17.84.240
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a. A manufactured or modular home shall be built on a permanent foundation system approved by the Building Official.
b. Each manufactured home shall have been manufactured within 10 years of the date of issuance of a permit to install the manufactured home and shall be certified under the National Manufactured Home Construction Safety Act of 1974. c. It is a double-wide or larger multi-sectional unit with a minimum width of 20 feet. d. It is covered with an exterior material commonly found on new conventionally -built residential structures in the surrounding area such as stucco, wood, brick, or stone. Metal siding if used, shall be non-reflective and horizontally lapping. e. The exterior covering material shall extend to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.
f. The roofing material is composition shingles or other materials commonly found on conventionally-built residential structures in the surrounding area. g. The roof has a pitch of not less than two inches of vertical rise for each 12 inches of horizontal run or what is commonly found on conventionally-built residential structures in the surrounding area.
h. The roof has eaves and gable overhangs of not less than one foot measured from the vertical side of the mobile home or what is commonly found on commonly found on conventionally built residential structures in the surrounding area. The overhang requirement may be waived at the point of connection where an accessory structure is attached to the manufactured home.
i. It has an enclosed garage or a carport if either is commonly found with new conventionally-built structures in the surrounding area. Otherwise a minimum of two paved off-street parking spaces located behind the building setback line is required. j. The finish floor is a maximum of 24 inches above the exterior finish grade of the lot measured at the foundation.
k. Residential fire sprinklers shall be designed and installed per NFPA 13D, as described in the Woodland Municipal Code, § 8.20.040, Amendments.

D. Commercial Modular Buildings.

1. General Requirements. Commercial modular buildings generally fall under two categories:
permanent modular or temporary modular:
a. Permanent modular buildings are usually considered real property, built to the same codes as conventional buildings.
b. Temporary modular buildings are commonly considered personal property or equipment and are not permanently affixed to real estate. Temporary modular buildings are often used as sales offices, classrooms, or for healthcare services.

2. Government Owned Property. City-owned sites (e.g., parks) and buildings used during construction as either offices or to temporarily house offices are excepted from this Section.

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§ 17.84.240 ZONING § 17.84.250
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3. Underlying Zones. The underlying base zone standards shall apply to modular buildings, including, but not limited to, building height, access, setbacks, open space, parking requirements, etc., or operative plan if applicable.

4. Location.
a. Buildings may be installed on industrial, commercial, and residential districts that are developed with nonresidential districts.
b. Buildings shall not be the primary building on the site. c. Buildings may not be visible from arterial streets.

5. Design Criteria.
a. Permanent modular buildings shall be reviewed similar to buildings that employ conventional building techniques.
b. Temporary modular buildings shall be compatible in design and appearance with structures in the vicinity and shall meet the following standards:
i. Foundation. A building shall be built on a permanent foundation system approved by the Building Official.
ii. Date of Construction. Temporary modular buildings shall have been manufactured within 10 years of the date of issuance of a permit to install the building on the site. iii. Roof Overhang. The roof overhang shall not be less than 12 inches around the entire perimeter of the Temporary Modular building as measured from the vertical side of the home. The overhang requirement may be waived at the point of connection where an accessory structure is attached to the building.
iv. Roof Material. Roof material shall consist of material customarily used for conventional buildings, such as tile or composition shingles. If shingles are used, the pitch of the roof shall be not less than three inches vertical to 12 inches horizontal. v. Siding Material. Siding material shall consist of exterior material customarily used for conventional buildings, such as stucco, wood, brick, stone, or decorative concrete. Metal siding, if utilized, shall be non -reflective and horizontally lapping.

Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the building.
vi. Skirting. The unit's skirting shall extend to the finished grade. vii. Building Orientation. The building, including the primary entrance, shall face the street.
viii. Landscape and Screening. Commercial modular buildings are subject to the standards of Chapter 17.68, Parking and Loading, and Chapter 17.70, Screening Standards.

City of Woodland, CA
§ 17.84.250 WOODLAND CODE § 17.84.250
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§ 17.84.250. Mobile Vending and Food Preparation.

Editor's Note: Ordinance 1731 contains the most current version of this section and not Ordinance 1733.

A. Definitions.
"Commissary" means a food facility that services mobile food facilities, compact mobile food operations, or vending machines where any of the following occur: (1) food, containers, or supplies are stored; (2) food is prepared or prepackaged for sale or service at other locations; (2) utensils are cleaned; (4) liquid and solid wastes are disposed, or potable water is obtained. "Compact mobile food operation" means a vending operation where food is sold mobile food facility that operates from an individual or from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
"Mobile food facility" means any vehicle or trailer used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
"Mobile vending conveyance" means any vehicle, trailer, cart, stand, wagon, or other motorized or nonmotorized, moveable facility used for vending food or non-food merchandise. "Stationary mobile vendor" means a mobile vendor who vends from a fixed location on private property.

B. Permits Required.

1. Stationary mobile vendors operating on private property shall be subject to the provisions of this section, in addition to the requirements of Chapter 5.44 of the City of Woodland Municipal Code, including, but not limited to, the requirement for a Mobile Vendor Permit.

2. The maximum number of Mobile Vendor Permits issued for stationary mobile food facilities or other motorized mobile vending conveyances shall be 13, except as described in subsection C.1. a. Should all 13 permits for stationary mobile food facilities or other motorized mobile vending conveyances be filled, the Director shall place subsequent applicants that meet City requirements on a permit availability list and shall notify the applicant of this decision and provide him or her with general information regarding the permit availability list. In the event a Mobile Vendor Permit becomes available, the Director shall notify the applicant who has been on the permit availability list the longest and allow him or her a reasonable time to provide the Director with any information necessary to ensure the application is current and otherwise complies with this code. If the applicant does so, he or she shall receive the Mobile Vendor Permit. In the event the applicant does not, the Director shall remove that applicant from the permit availability list and repeat the process until a permit has been issued or all the applicants on the permit availability list have been notified.

C. Mobile Food Facilities for Local Brick-and-Mortar Restaurants.

1. Each legally established restaurant located in a brick-and-mortar location may have one mobile vending conveyance that is owned by the restaurant owner(s), under the same business license, and that substantially has the same business name as the restaurant. Such mobile vending facilities will not be subject to the 13 -permit limit on stationary motorized mobile vending facilities allowed in the City jurisdiction.

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§ 17.84.250 ZONING § 17.84.250
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2. Restaurants that wish to serve as a commissary for more than one mobile vendor must obtain approval by the Community Development Department and the Public Works Department. Any additional stationary mobile food facilities affiliated with an existing restaurant beyond one will be subject to the 13-permit limit per subsection B.2.

3. The affiliated restaurant must be approved by Yolo County Environmental Health and the City as the commissary for the mobile food facility.

D. Sale or Transfer of Mobile Vending Conveyance.

1. In the event that a Mobile Vendor Permit holder for a stationary mobile food facility or other motorized vending conveyance subject to the 13 -permit limit sells or otherwise transfers the mobile vendor vehicle to a bona fide purchaser for value, such bona fide purchaser for value may continue to operate the mobile vending conveyance in the same location previously approved through the stationary Mobile Vendor Permit within the City provided the purchaser first complies with all of the provisions and requirements of this section and Chapter 5.44 of the City of Woodland Municipal Code, including having applied for and obtained all required licenses and permits.

2. Within five days of any mobile vendor conveyance sale or transfer, the seller shall notify the City of the sale or transfer and shall provide proof of the sale or transfer as may be required by the City.

3. A bona fide purchaser of a mobile vendor conveyance previously approved through a Mobile Vendor Permit subject to the 13 -permit limit on stationary motorized mobile vendors shall provide all necessary updated application documents and information within 90 days of the original owner ceasing operations. A bona fide purchaser pursuant to this section shall not be placed on the permit availability list when applying for a stationary Mobile Vendor Permit to replace the permit of the previous permittee for the purchased vehicle.

E. Application Requirements. In addition to the Mobile Vendor Permit application requirements outlined in Chapter 5.44 of the Woodland Municipal Code, the following will be required for review for mobile vendors subject to this section:

1. Site plan including the parking location address, existing site conditions, major cross streets, and the proposed operation location.

2. The private property owner's written authorization to operate and vend on the private property.

The written authorization shall describe the approved location and operation schedule.

3. Any other reasonable information regarding time, place, and manner of proposed vending.

F. Permit Expiration and Renewal. Mobile Vendor Permits for stationary mobile vendors subject to this section shall be subject to the following, in addition to Section 5.44.070 of the City of Woodland Municipal Code:

1. Should a Mobile Vendor Permit subject to the 13 -permit limit for stationary mobile vendors expire, the vendor must reapply for a Mobile Vendor Permit. If there are no permits available due to the 13-permit limit for stationary mobile vendors, the vendor will be placed on the permit availability list, as described in subsection B.2.i.

G. Location and Siting Requirements. In addition to the location and siting requirements in Section

5.44.080 of the City of Woodland Municipal Code, the following will be required for mobile vendors

City of Woodland, CA
§ 17.84.250 ZONING § 17.84.260
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subject to this section:

1. Stationary mobile vending facilities may be permitted, subject to the requirements of this code including all applicable operating standards and granting of a Mobile Vendor Permit as provided in Chapter 5.44, in the Corridor Mixed Use-West Main (CMU-WM), Corridor Mixed Use-East (CMU-E), Corridor Mixed Use -Kentucky (CMU -K), Corridor Mixed Use -Flex (CMU -F), Community Commercial Mixed Use (CCMU), Regional Commercial -Flex (RC -F), Regional Commercial (RC), and Industrial Flex (IF) zones. Stationary mobile vending facilities may be permitted in Downtown Zones if they are part of an existing brick -and-mortar restaurant located in a Downtown Zone and the vendor operates on the same parcel as the restaurant or on a proximate site in an approved location.

2. Stationary mobile vendors are prohibited in residential areas in the City and within 100 feet of properties zoned Residential Low (R -L), Residential Low -Medium (R -LM), Residential Medium (R-M), and Residential High (R-H).

3. Stationary mobile vendors must be accessory to a primary permitted use that has a valid business license on the same lot as their approved location.

4. No more than one stationary mobile vendor shall be allowed per lot, except as allowed in Section 17.84.250 or otherwise approved by the Community Development Director.

5. Adequate access, drainage, sanitation, and other necessary facilities must be provided on the proposed site in a safe and secure matter. The City's Traffic Engineer and Fire Marshall shall review and approve each location prior to operation.

6. Shopping centers or buildings must be at least 50% occupied, as measured by square footage, before a stationary mobile food facility vendor may be approved at the address, or before a permit may be renewed.

H. Mobile Vending Conveyance Storage. In addition to the storage requirements detailed in Section

5.44.080(.J) of the City of Woodland Municipal Code, the following shall apply to mobile vendors subject to this section:

1. The approved vending location may be approved as an overnight storage location for stationary mobile vendors, if the permit holder provides verification that the vending conveyance is serviced at the approved commissary daily, subject to the discretion of the Community Development Director.

I. Operating Standards. In addition to the operation requirements detailed in Section 5.44.090 of the City of Woodland Municipal Code, the following will be required for mobile vendors subject to this section:

1. Stationary mobile vendors must have access to approved restroom facilities within 200 feet of the vending site. Restroom facilities must be easily accessible to the food handlers and be supplied with hot water, soap, and towel dispensers. The restroom facility must be listed in the Restroom Agreement on file with the Yolo County Environmental Health Division.

J. Mobile Vending Conveyance Design Standards.

1. Signage must be professional and readable. The use of prohibited or unpermitted signs for mobile vendors is not allowed.

2. No freestanding or banner signs shall be displayed.

3. Mobile vendors shall not have any site furniture, including chairs, tables, shade structures, or

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other structures outside of the mobile vending conveyance, unless otherwise approved by the Director.

4. Mobile vending conveyances must be self -contained, including any signage, fuel, cooking equipment, shading, and heating and cooling equipment.

5. Mobile vending conveyances must be functioning and operable.

K. Food Preparation and Commissary Requirements.

1. Stationary mobile food facilities must have an approved commissary that is located in the City of Woodland jurisdiction.

2. Existing restaurants may act as commissaries for no more than two mobile food facilities or compact mobile food operations at any time, subject to approval by the Community Development Department Director, the Public Works Department, and by the Yolo County Environmental Health Division.

3. A business that is a commissary for mobile food facilities and/or compact mobile food operations must be in a zone where the food preparation use is permitted.

4. No stand -alone food preparation uses shall be allowed in the Downtown Core (DX -1) zone facing Main Street. Any commissary or other food preparation use must be accessory to the primary use, such as a customer facing restaurant.

5. The Public Works Department must approve the commissary location and determine that the site has sufficient capacity to support the mobile vendor prior to permit application approval.

6. The food preparation use may require site upgrades or increased servicing at cost to the business and/or property owner to support multiple mobile food facilities, catering operations, or other food production operations.

7. The commissary must provide facilities for preparation and packaging of food, potable water supply, liquid waste disposal facilities, waste grease removal, refrigerated/frozen food storage, dry food storage, utensil storage, electrical hook -up, ware washing, restrooms, and truck/cart cleaning, as specified by the Yolo County Environmental Health Department Director.

8. Overnight parking for mobile food facilities or compact mobile food operations must be provided by the commissary, unless an alternative location for the parking of each mobile vendor or sidewalk vendor utilizing the commissary is approved by the Community Development Director.

9. Any stationary mobile vendor with a Mobile Vendor Permit previously approved by the City prior to the effective date of the ordinance codified in this section shall be entitled to a 90 day period to find a new commissary if the vendor's existing commissary does not comply with the requirements of this section. At the expiration of the 90 day period, existing vendors shall be subject to the same commissary requirements as new vendors.

L. Permanent Food Truck Hub. A food-court style vendor hub, where multiple stationary mobile food facilities are located may be considered in nonresidential zones, subject to a Zoning Administrator Permit at the discretion of the Community Development Director.

1. Food truck hubs shall require permanent infrastructure including dining areas, restrooms, service areas for the vending vehicles, lighting, and landscaping.

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§ 17.84.260 WOODLAND CODE § 17.84.270
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§ 17.84.260. Nontraditional Financial Institutions.

A. Purpose and Applicability. The purpose of this section is to establish specific site planning, development, and/or operating standards for nontraditional financial institutions such as loan shops and check cashing businesses. The development standards of this section shall apply to all nontraditional financial institutions in the City, unless specified otherwise.

B. Location Standards. All new nontraditional financial institutions shall be located on an arterial or higher classification of right-of-way.

C. Standards. In addition to the development standards of the underlying zone, the following special standards apply to all nontraditional financial institutions (existing and new):

1. Operation of nontraditional financial institutions shall be limited from 7:00 a.m. to 7:00 p.m., daily.

D. Security. A security plan shall be provided for review and approval by the Director and Chief of Police. The plan shall provide for adequate security including partitions, surveillance, and building access considerations. Bars on windows are prohibited.

§ 17.84.270. Outdoor Display, Sales, and Dining.

A. Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with § 17.84.370, Temporary Uses, and § 17.100.080, Temporary Use Permit.

B. Produce Displays. The outdoor display of fresh produce associated with an existing food and beverage retail sales establishment on the same site is allowed, subject to the following standards.

1. The display shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, or required landscaped areas or block pedestrian walkways.

2. All produce shall be removed or enclosed at the close of each business day.

C. Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for automobile/vehicle sales and leasing requires Zoning Administrator Permit approval (see § 17.100.090, Zoning Administrator Permit) and shall comply with the following standards:

1. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

2. Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

3. Display Locations. The displayed merchandise shall occupy a fixed, specifically approved, and defined location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, or required landscaped areas or block pedestrian walkways.

4. Display Appearance. Merchandise displayed outdoors shall be kept in an orderly manner, on racks or shelves intended for the purpose of display and managed throughout the day to ensure displayed items remain neat and orderly. Clothing or other displayed items may not hang

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haphazardly off window trim or other storefront elements no intended for the purpose of displaying such items. Attention getting signage, not otherwise permitted, and posters are not permitted outdoors.

D. Outdoor Vending Machines Prohibited. Outdoor vending machines other than those for the sale of newspapers are prohibited. Director may grant exceptions for specific vending machines such as those that dispense movies/DVDs, water, and/or online purchase pick up stations.

E. Outdoor Dining. Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards:

1. Parking. Where an outdoor dining and seating area occupies less than 500 square feet, additional parking spaces for the associated eating and drinking establishment are not required.

Parking shall be provided according to the required ratio in Chapter 17.68, Parking and Loading, for any outdoor dining and seating area exceeding 500 square feet as determined by Director.

2. Pedestrian Pathway. A four-foot pedestrian pathway shall be maintained and unobstructed. If there is more than a four-foot-wide pathway provided, outdoor dining may be located outside of the required four feet.

3. Accessory Use. 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.

4. Design Standards. Outdoor dining and seating shall comply with all applicable adopted City design standards.

5. Litter. 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.

6. Hours of Operation. 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 is required. See Section 17.100.090, Zoning Administrator Permit.

7. Special Event Permit. Outdoor events would be subject to a City-issued Special Event Permit.

§ 17.84.280. Personal Cultivation of Cannabis.

A. Purpose. The purpose and intent of this section is to regulate the personal cultivation of cannabis in a manner that protects the health, safety, and welfare of the community. This section is not intended to interfere with a patient's right to medical cannabis, as provided for in California Health and Safety Code § 11362.5, as it may be amended, nor does it criminalize medical cannabis possession or cultivation by specifically defined classifications of persons, pursuant to State law. This section is not intended to give any person independent legal authority to grow cannabis; it is intended simply to impose zoning restrictions on the cultivation of cannabis when it is authorized by California law for medical or other purposes.

B. Prohibited Locations.

1. Personal cultivation of cannabis, including by a qualified patient or primary caregiver, is

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prohibited outdoors.

2. No person shall cultivate cannabis indoors in the City, except within a detached, fully-enclosed, and secure secondary structure or primary residential structure that meets the requirements set forth in subsection C, Indoor Cultivation.

C. Indoor Cultivation.

1. Any person within the City may cultivate cannabis inside of any residence or enclosed and secure secondary structure that meets certain requirements specified in this Zoning Code, consistent with State law that permits indoor cultivation of cannabis for medical and nonmedical purposes.

2. All indoor personal cultivation of cannabis shall conform to the following minimum standards:
a. The cannabis is cultivated by either:
i. A qualified patient exclusively for their own personal medical use; ii. A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom they are the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code § 11362.765(c); or
iii. A person 21 years of age or older for that person's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this section and State law, as applicable. b. Indoor grow lights in any structure shall not exceed an aggregate of 1,200 Watts and shall comply with all applicable Building Code regulations. Gas products (including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be used within any structure used for the cultivation of cannabis.
c. Any detached, fully-enclosed, and secure secondary structure or residential structure used for the personal cultivation of cannabis must have a ventilation and filtration system installed that shall mitigate cannabis plant odors from exiting the interior of the structure and that shall comply with all applicable Building Code regulations, including obtaining all required permits and approvals. The ventilation and filtration system must be approved by the City and installed prior to commencing cultivation within the detached, fully - enclosed, and secure structure or residential structure. d. A detached, fully-enclosed and secure secondary structure used for the personal cultivation of cannabis shall be located in the rear yard area of a parcel, maintain a minimum 10-foot setback from the rear yard property line and a side yard setback that is equal to the same side yard setback required for the residential lot on which the home sits, and the area surrounding the structure or yard must be enclosed by a solid fence at least six feet in height.
e. Cannabis cultivation occurring within a residence and/or detached structure shall not exceed more than a cumulative total of six living plants at one time and shall occur in a cumulative area totaling no larger than 50 square feet, regardless of how many persons are

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residing at the premises.
f. Personal cultivation of cannabis shall not inhibit the occupancy of the residence or take place in the kitchen or bathrooms of any structure.
g. Personal cultivation of cannabis shall not take place on any carpeted surface. h. Cannabis cultivation areas, whether in a detached structure or inside a residence, shall not be readily accessible to persons under 21 years of age. i. No exterior evidence of cannabis cultivation occurring at the property shall be visible from the public right-of-way.

D. Public Nuisance. Any violation of this section is declared to be a public nuisance and may be abated by the City pursuant to Woodland Municipal Code, Chapter 9.04, Nuisances.

E. Penalty. A violation of this section shall either be a misdemeanor or an infraction at the discretion of the prosecuting attorney. However, notwithstanding anything in this Zoning Code to the contrary, persons violating this section shall not be subject to criminal liability under this Zoning Code solely to the extent such conduct or condition is immune from criminal liability pursuant to the Compassionate Use Act of 1996 (Health and Safety Code § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code § 11362.7 et seq.) as they may be amended. This section does not prohibit the City from abating violations of this section by any administrative, civil, or other noncriminal means. In such cases, a violation of this section may be considered the civil or administrative equivalent of an infraction or misdemeanor as applicable.

§ 17.84.290. Personal Services.

Personal service establishments shall be located, developed, and operated in compliance with the following standards:

A. Hours of Operation. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., excluding massage establishments, or unless otherwise specified in a use permit.

A.B. Impacts on Adjacent Properties. Additional review through a Zoning Administrator Permit may be required to evaluate impacts on surrounding properties, subject to the discretion of the Director.

B.C. Massage Establishments.

1. Massage establishments shall comply with Woodland Municipal Code Chapter 5.20, Massage Establishments.

2. Noncompliant establishments that offer massage in exchange for compensation, including sole proprietorships, shall be prohibited.

3. No exterior window shall be tinted, covered, or obstructed such that visibility into the business is reduced or eliminated.

3.4. Hours of operation shall be limited to 6:00 am to 8:00 pm.

§ 17.84.300. Personal Storage Facilities.

Prohibition on New Personal Stories Facilities. New personal storage (mini-storage) facilities are not permitted.

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§ 17.84.310. Recycling Facilities.

A. General Requirements. All recycling facilities, including reverse vending machines, recycling collection facilities, and recycling processing facilities, shall be located, developed, and operated in compliance with the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code § 14500) and the following standards:

1. Security. Recycling facilities shall be secured from unauthorized entry or removal of material and have enough capacity to accommodate materials collected and collection schedule.

2. Maintenance. Recycling facilities, including donation areas, shall be maintained in a clean, sanitary, and free of litter and any other undesirable materials.

2.3. State compliance. Recycling facilities must possess applicable state permits and certifications through the California Department of Resources Recycling and Recovery.

B. Reverse Vending Machines and Donation Containers. In addition to the requirements subsection A, General Requirements, reverse vending machines shall be located, developed, and operated in compliance with the following standards.

1. Accessory Use. Reverse vending machines and donation containers may be installed as an accessory use to a permitted or conditionally permitted commercial or public use.

2. Location.
a. Reverse Vending Machines
a.i. Reverse vending machines shall be located within the interior of the same building as the permitted or conditionally permitted commercial or public use on the site.

Machines shall not be located outdoors.
b.ii. Machines shall not be located within 50 feet of a Residential zone or within 1,000 feet of any business that sells alcohol.
c. Machines shall not be located outdoors.
b. Donation Containers
i. Only one donation container is allowed per commercial center or site. Containers open for 24-hour donations may be located outdoors.
ii. Containers in parking areas shall not result in fewer than the minimum number of parking spaces required for the primary uses on site, as required in Section 17.68.030. iii. Donation containers shall all be at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. iv. Containers must be screened from the public right -of-way by landscaping, decorative fencing, and/or solid building elements that are architecturally compatible and complementary with the buildings on site.

3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, the identity and phone number of the operator or person responsible to call if the machine is inoperative, and a notice stating that no material shall be left outside of the reverse vending machine.

4. Signs.

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a. The maximum sign area on a reverse vending machine or donation container is four square feet per machine, not including operating instructions.

4.b. Containers shall be clearly marked to identify the type of acceptable materials, hours of operation, the identi ty and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside the recycling machine or container.

5. Trash Receptacle. Operators shall provide a 40-gallon garbage can for nonrecyclable materials adjacent to the reverse vending machine.

6. Maximum Size. Reverse vending machines and donation containers shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

7. Hours of Operation. Operating hours shall be at least the operating hours of the primary use.

8. Lighting. Reverse vending machinesDonation containers located outdoors shall be illuminated placed in a well -lit area to ensure comfortable and safe operations . if operating hours are between dusk and dawn.

9. Material. Reverse vending machines and donation containers shall be constructed and maintained with durable waterproof and rustproof material. Each machine or container shall be secured from unauthorized removal of material and maintained in good condi tion. Capacity must be sufficient to accommodate materials collected in the collection schedule.

C. Recycling Collection Facilities. In addition to the requirements subsection A, General Requirements, recycling collection facilities shall be located, developed, and operated in compliance with the following standards.

1. Equipment. No power-driven processing equipment may be used.

2. Items Accepted. Recycling collection facilities shall accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with the permission of the County Health Official and City Fire Marshal . Recycling facilities for tires, concrete, and hazardous chemicals and other industrial materials are not permitted.

3. Location.
a. Recycling collection facilities shall only be established in conjunction with a commercial or community service host facility in compliance with applicable building and fire codes. b. Facilities shall not be located within 100 feet of a Residential zone or within 1,000 feet of any business that sells alcohol.
c. Facilities shall comply with the setback requirements of the zone, be at least 200 feet from the edge of any four-way intersection, and not obstruct pedestrian or vehicular circulation. d. Attended recycling collection facilities located within 200 feet of a property zoned or occupied for Residential zone shall operate only during the hours between 9:00 a.m. and 7:00 p.m.
e. Containers for the 24 -hour donation of materials shall all be at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. f.e. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

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4. Containers. Containers shall be constructed of durable waterproof and rustproof material and secured from unauthorized removal of material and maintained in good condition. Capacity must be sufficient to accommodate materials collected in the collection schedule.

5. Signs and Identification. Signs shall comply with the requirements of Chapter 17.72, Signs, in addition to the following standards:
a. The maximum sign area shall be 20% of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The Director may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.
b. Containers The facility shall be clearly marked to identify the type of accepted material, hours of operation, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside the recycling enclosure facilityor containers.

6. Storage.
a. Materials shall not be left outside of containers when attendant is not present. b. All exterior storage shall be in sturdy containers which are covered, secured, and maintained in good condition.
c. Storage containers for flammable material shall be constructed of nonflammable material.

Oil storage must be in containers approved by the Fire Chief. d. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
e. Containers shall be constructed of durable waterproof and rustproof material, shall have enough capacity to accommodate materials.

7. Design and Screening.
a. The Recycling collection facility shall comply with the design standards for the zone, shall not exceed 250 square feet or include more than three parking spaces. b. Screening shall be in compliance with Chapter 17.70, Screening Standards, in addition to the following:
i. In all Commercial zones and the IF zone, all collection and storage of material shall take place within a completely enclosed building.
ii.i. In the Industrial zone, all collection and storage shall be screened from the public right-of-wayow by operating in an enclosed building, or:
(A) Within an area enclosed by an opaque fence at least six feet in height with landscaping;
(B) Located at least 200 feet from a Residential zone or a property occupied by a residential use.

D. Recycling Processing Facilities. In addition to the requirements subsection A above, recycling processing facilities shall be located, developed, and operated in compliance with the following standards.

1. Minimum Lot Size. The minimum lot size for recycling processing facilities is three acres.

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2. Location. Facilities shall not be located within 200 feet of a Residential zone or within 1,000 feet of any business that sells alcohol.

3. Screening. The facility shall be screened from public rights -of-way by a screening wall or be within an enclosed structure.

4. Pavement. The area used for recycling, parking, and/or storage shall be paved and kept clean.

5. Outdoor Storage.
a. Exterior storage of material must be ancillary and shall be in sturdy containers or enclosures that are covered, secured, and maintained in good condition. Storage shall not be visible above the height of the required screen wall.
b. Exterior storage of materials, other than baled material, shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. c.b. Outdoor storage shall be limited and comply with the Fire Code for pile size, fire apparatus access, and fire hydrant protection.

6. Processing. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source -separated recyclable and reusable materials.

Processing must take place within a building.

7. Fluids. A processing facility may accept used motor oil and/or used oil filters for recycling from the generator in accordance with California Health and Safety Code § 25250.11. All storage of used motor oil and/or used oil filters must be within a containment apparatus capable of containing all stored oil in the event of a spill or leak. No containment apparatus shall exceed a capacity greater than 55 gallons. All used motor oil and/or used oil filter storage containers shall be located on an approved surface.

8. Batteries. A processing facility may accept used lead -acid batteries in accordance with the California Health and Safety Code § 25215.1. All batteries must be stored inside an enclosed building.

9. Hours of Operation. If the facility is within 500 feet of a Residential District, or an existing home, it may not operate between the hours of 7:00 p.m. and 7:00 a.m.

10. Personnel. The facility shall be administered by on-site personnel during the hours the facility is open.

E. Enforcement.

1. All uses or changes in the use of the land, and the establishment, installation, operation, and maintenance of any improvement of the land, shall comply with the provisions of this Code and the applicable regulations of all agencies and departments having jurisdiction.

2. This section applies to the establishment and continued use of all recycling facilities. All facilities in existence prior to the effective date of this Code shall comply with the terms of this Code within 120 days from its effective date. Any such use not in conformance after this 120-day period shall be deemed to be a violation of this Code and subject to enforcement in accordance with Chapter 17.128, Enforcement.

3. Should the actual construction deviate from the plan as approved, the Certificate of Occupancy shall be withheld until the construction is in conformance with the approved plan.

§ 17.84.320. Residential Limited Retail.

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A. Purpose. The purpose of this section is to allow for the development of small -scale, neighborhood- serving commercial establishments that can provide convenient, walkable access to important amenities and that can increase the sense of community and value to the surrounding neighborhood.

Limited residential use allows for the sensitive conversion of residential space to a compatible nonresidential use.

B. Permitted Types. As provided in the use table in the R-L, R-LM, NP, and R-M Residential districts, limited retail uses include counter -service cafes and coffee shops; delicatessens; bakeries; flower shops; and bike shops and bike repair services, and other similar uses as determined by the Director.

C. Location. Residential limited retail is allowed only on corner lots where facing rights-of-way that are classified as collectors.

D. Permit Required. A Zoning Administrator Permit is required in all Residential zones. See Section

17.100.090, Zoning Administrator Permit.

E. Design Standards. Limited retail uses are subject to the following standards in addition to those of the underlying base zone:

1. The commercial use must be easily recognizable from the front façade through the use of large windows or an active outdoor use such as produce stands or café seating.

2. Outdoor seating is allowed, but, where abutting an existing residential use, must meet the rear setback and be minimum 10 feet from interior side setbacks. a. Any outdoor use shall be oriented to minimize impacts on adjacent residences. b. Noise attenuation shall be provided in the form of fountains or other features that mask or block noise.
c. In a rear or side yard landscaping or architectural landscape features shall be used when needed to screen outdoor areas from adjacent residential uses.

3. Fencing adequate to screen views into adjacent residential properties shall be provided on the subject property.

4. Landscaping shall be installed in addition to fencing to screen and soften impacts on adjacent residential properties.

5. Window coverings or obscured glass shall be provided where a window is visible from an adjacent residential use.

6. The commercial area shall be limited to the ground floor of a residential unit.

7. Drive-throughs are prohibited.

F. Operational Standards.

1. Alcohol sales may be considered through a Conditional Use Permit review process (see § 17.100.100, Conditional Use Permit).

2. Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

3. Amplified music is not permitted outdoors.

4. Lighting shall be shielded to reduce impact to adjacent residential uses.

5. Any outdoor storage of materials or refuse must be enclosed and fully screened from public view.

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6. No off-street parking spaces required, in compliance with Table 17.68.030.B-1: Required Parking in the Downtown and Mixed-Use Zones.

7. Large delivery trucks are prohibited and no double parking.

G. Findings. The following findings shall be met prior to issuance of the permit required by the base zone:

1. The use must be oriented to serve the immediate neighborhood, promoting health, and facilitating a sense of community between neighbors.

2. The use must complement the residential character of the neighborhood and will not adversely impact adjacent properties.

§ 17.84.330. Short-Term Rental.

A. Purpose. The City Council finds that unregulated transient occupancy uses in residential zones present a threat to the public welfare. The purposes of this section are to:

1. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the City;

2. Ensure the collection and payment of transient occupancy taxes;

3. Minimize the negative secondary effects of short -term rental use on surrounding residential neighborhoods;

4. Retain the character of the neighborhoods in which short-term rentals occur;

5. This section is not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals; and

6. This section is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short -term rental purposes as defined in this section.

B. Permit Required. A Zoning Administratorive Permit is required.

C. Permitted Locations. Short-term rentals must be permitted in accordance with the provisions established in each zone and as provided in this section.

D. Restrictions and Standards. Short-term rentals are subject to the following restrictions and standards:

1. The short-term rental use is permitted in no more than one unit single-family dwelling per lot, except for multifamily developments with 15 or more units in which a maximum of 10% of the units may be used for short-term rentals.

2. The Zoning Administratorive Permit authorizing the short-term rental use must be in the name of the owner-applicant, who must be an owner of the real property upon which the short -term rental use is to be permitted. One person may hold no more than one short -term rental permit.

The permit is not transferable.

3. Short-term rental uses are limited to single -family dwellings existing and constructed as of the date of application for the short-term rental permit.

4. The maximum number of bedrooms used for short -term rental use in the short -term rental

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dwelling must be no greater than three. The total number of guests staying in the short -term rental dwelling at any one time must be no greater than the number of bedrooms plus two persons, up to a maximum of five persons.

5. Short-term rental dwellings must meet all applicable building, health, fire, and related safety Codes at all times and shall be inspected by the Fire Department before any short -term rental activity can occur.

6. A minimum of two on -site parking spaces must be provided for use by the short -term rental occupants.

7. The owner-applicant must keep on file with the City the name, telephone number, cell phone number, and e-mail address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information must be posted in a conspicuous location within the short-term rental dwelling. The local contact person shall be available 24 hours a day to accept telephone calls and respond physically to the short - term rental within a reasonable amount of time when the short -term rental is rented and occupied. The City shall post the name and contact information of the local contact person associated with each short-term rental on the City's webpage.

8. The owner-applicant must post "house policies" within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and must be enforced by the owner-applicant or the owner-applicant's designated contact person. The house policies at a minimum must include the following provisions:
a. Quiet hours must be maintained from 10:00 p.m. to 7:00 a.m., during which noise within or outside the short -term rental dwelling must not disturb anyone on a neighboring property.
b. Outdoor amplified sound is prohibited.
c. Vehicles must be parked in designated on -site parking spaces and must not be parked on the street overnight.
d. Parties or group gatherings which exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited from occurring at the short -term rental property, as a component of short-term rental activities.
e. Guests must not leave any waste or trash outside the house. All trash containers shall be stored behind a fence and shall not be visible.

9. Weddings, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited.

10. The owner-applicant must ensure that the occupants and/or guests of the short -term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs or be subject to fines and penalties levied by the City up to and including revocation of the Zoning Administratorive Permit (see §

17.96.150, Revocation of Permit) for the short-term rental use.

11. The owner-applicant, upon notification that occupants and/or guests of his or her short -term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or State law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, must prevent a recurrence of such conduct by those occupants or guests or be subject to fines and penalties levied by the City up to and

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including revocation of the Zoning Administrat orive Permit (see § 17.96.150, Revocation of Permit) for the short-term rental use.

12. All advertising for any short -term rental, including electronic advertising on short -term rental websites, must include the number of the Zoning Administratorive Permit for the short-term rental use granted to the owner-applicant.

13. The owner-applicant must maintain City business licenses and pay all transient occupancy taxes in accordance with Woodland Municipal Code Chapter 3.12, Transient Occupancy Tax as required.

14. Preference for the review and issuance of a new Zoning Administrat orive Permit for a short - term rental must be given to current residents of Woodland over nonresident applicants.

Applicants whose primary residence is within the City must be reviewed and acted on ahead of other nonresident applications to implement the local preference policy for the Zoning Administratorive Permit for short-term rental uses.

15. Applicants for short-term rental permits are required to have owned their homes for a minimum of two years prior to applying for and being issued a Zoning Administrat orive Permit for a short- term rental use.

§ 17.84.340. Single Room Occupancy Units.

Single room occupancy (SRO) units us e s, i n cl udin g c on v e rsi on s of e xi st in g b uil di ng s i nt o SR O ho us in g, s h all b e su bj e ct to D es ig n Re v i e w T i er 2 a nd shall be located, developed, and operated in compliance with the following standards:

A. Maximum Occupancy. Each SRO tenant space living unit shall be designed to accommodate no more than a maximum of two persons.

B. Minimum Size. An SRO tenant space living unit shall have at least 100 square feet for a single occupant or 150 square feet of floor area for two occupants , excluding a kitchen, closet, and bathroom. No individual unit may exceed 400 square feet.

C. Minimum Width. Each An SRO tenant space of one room shall not be less than 12 feet in width.

D. Entrances. All SRO tenant spaces units shall be independently accessible from a single main entry, excluding emergency and other service support exits.

E. Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO tenant spaces units with any type of cooking facility shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a small refrigerator; and cabinets for storage.

F. Bathroom. An SRO tenant space unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided within the SRO tenant space , common bathroom facilities shall be provided in accordance with the Building Code for congregate residences with at least one full bathroom per floor.

G. Closet. Each SRO tenant space unit shall have a separate closet.

H. Common Area. Common area shall be provided in an amount equal to 50 10 square feet per tenant or 300 square feet, whichever is greater.living unit shall be provided, excluding Common area shall exclude janitorial storage, laundry facilities and common hallways. At least 200 square feet in area

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of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

I. Tenancy. SRO tenant space cannot be used for short-term rental and each tenancy must be for 30 days or more. Tenancy of SRO units shall be limited to 30 or more days.

I.J. Responsible Party. The property owner or owner’s agent/master leasing agent is responsible for the coordination and maintenance of the SRO. Tenants shall enter a rental agree ment with the owner or owner’s agent.

K. Large Single Room Occupancy Housing . Large SROs have seven or more tenants . Along with meeting the general SRO requirements, large SRO housing must meet the following criteria through the Conditional Use Permit process:

J.1. Facility Management. An SRO Facility with seven 10 or more units tenants shall provide full-time on -site management. An SRO Facility with less than 10 units shall provide a management office on-site.

2. Tenant Entry Space . At least 100 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and information.

K.3. Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan shall include the following:

1.a. Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2.b. Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;

3.c. Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

4.d. Staffing and Services. Information regarding all support services, such as job referral and social programs; and

5.e. Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

§ 17.84.350. Smoke Shops.

A. Purpose. The purpose of this section is to establish specific standards for smoke shops, to ensure that smoke shops are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

B. Location. All new smoke shops shall be located consistent with the following standards:

1. Located a minimum of 1,000 feet from another smoke shop.

2. Located a minimum of 500 feet from all of the following uses:
a. Schools;
b. City Facilities:
i. Parks and recreation facilities;

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ii. Community centers;
iii. Libraries;
c. Youth organizations or facilities used primarily for youth events; and d. Day care centers.

3. Located a minimum of 250 feet from any business involving an on -premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

4. Located a minimum of 500 feet (250 feet if separated by a major street or arterial) from any residential zone.

C. Advertising and Display of Tobacco Products. Tobacco retailers shall comply with local, State and/ or Federal laws regarding sales, advertising, or display of tobacco products, including posting a sign prominently near the cash register or other point of sale, the legal age to buy tobacco products and checking the identification of all purchasers to ensure they are of legal age.

D. Access to Merchandise. Products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

E. Exchange of Tobacco Products.

1. No minor person may sell or exchange tobacco products.

2. No minor person shall be given or sold tobacco products.

F. Standards. In addition to any conditions imposed by the Review Authority, retail sales of tobacco products, smoking products, and vaping supplies that require a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) shall comply with the following development standards:

1. All smoke shops shall be consistent with Woodland Municipal Code § 9.28.230, Smoking, and Woodland Municipal Code § 9.28.240, Limitations to tobacco products and e -cigarettes, Woodland Municipal Code § 9.28.250, Tobacco-free and e -cigarette-free zones at City parks and recreation facilities, and Woodland Municipal Code § 9.28.260, Adoption of the Yolo County Code relating to tobacco retail permits, of the Woodland Municipal Code.

2. Smoke shops shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products, smoking products, and vaping supplies. This includes, but is not limited to, the requirements of Woodland Municipal Code § 9.28.240, Limitations to access to tobacco products and e -cigarettes, and § 9.28.260 Adoption of Yolo County Code relating to tobacco retail permits.

3. Only store employees shall have immediate access to the tobacco products, smoking products, vaping supplies, and tobacco/smoking paraphernalia. It is unlawful for any person, business, or smoke shop to sell, permit to be sold, offer for sale, or display for sale any tobacco product, smoking product, or vaping supply by means of self -service display or by means other than vendor-assisted sales.

4. Smoke shops shall not sell or transfer a tobacco product, smoking product, vaping supply, or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law, to purchase and possess the tobacco product, smoking product, vaping supply, or tobacco/smoking paraphernalia.

5. Smoke shops shall not permit any person who is younger than the minimum age established by

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State law for the purchase or possession of tobacco products, smoking products, vaping supplies, or tobacco/smoking paraphernalia, and to engage or participate in the sale of tobacco products, smoking products, vaping supplies, or tobacco/smoking paraphernalia.

6. No person, business, smoke shop, or other establishment shall sell or offer for sale cigarettes, vaping supplies, or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

7. No permit may be issued to authorize tobacco retailing at a location that is licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an "on sale" license issued by the California Department of Alcoholic Beverage Control) and no license may be issued to authorize tobacco retailing at any location offering food for sale for consumption by guests on the premises.

8. Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

9. The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.

10. Loitering in the public right -of-way, parking area, and in front of the property and adjacent properties shall be prohibited.

11. The establishment shall conspicuously post the following interior sign stating: "We ID everyone under 27 years of age for tobacco sales." The dimensions of this sign shall be at least eight inches by 11 inches. If the predominant language of the establishment's clientele is not English, then a sign shall also be posted in that language.

G. Training Requirements.

1. Each person who sells tobacco products, smoking products, vaping supplies, or tobacco/ smoking paraphernalia shall successfully complete a responsible tobacco retailing training. The program shall be completed within 60 days of assuming the position that involves sale of tobacco products, smoking products, vaping supplies, and/or tobacco/smoking paraphernalia and shall be periodically completed again not less than once every three years.

2. Records of successful completion of responsible tobacco retailing training shall be maintained on the premises and shall be presented to City and Yolo County Sheriff's Department representatives upon request.

H. Existing Tobacco/Smoking/Vaping Product Retailers. Any smoke shop legally established prior to the effective date of this Zoning Code shall not be required to obtain a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) and shall not be considered a legal nonconforming use subject to abatement, unless a modification of the approval for the use is sought and the modification is not considered minor subject to § 17.100.110, Minor Modification. Any existing smoke shop that has been discontinued for a period of 180 days or more shall require a Conditional Use Permit, prior to reestablishing retailing of tobacco/smoking products. See Section 17.100.100, Conditional Use Permit.

§ 17.84.360. Telecommunication Facilities.

A. Overview. The following outlines the development permitting process as it applies to facilities described in this Zoning Code. Wireless telecommunications facilities which are generally considered to have minimal impacts or which are exempt from local review by state or Federal statutes have been classified as exempt under this section and are not regulated when in compliance with the

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development standards set forth in this Zoning Code. Other wireless telecommunications facilities which have the potential to create impacts have been categorized to allow for additional review.

Unless listed below as exempt or prohibited, no wireless telecommunications facility shall be constructed without first undergoing the specific review process and obtaining the prescribed approval as set forth below.

1. Prohibited Telecommunications Facilities. The following telecommunications facilities shall be prohibited:
a. Public carrier telecommunications facilities located within designated habitat areas and habitat restoration areas. The City shall make available for public review a map identifying any such areas.
b. More than one monopole or tower within 1,000 feet of any other existing monopole or lattice tower(s), unless visual impacts are negligible and the applicant can demonstrate that the site is a technical necessity to meet demands of the geographic service area and the applicant's Citywide network.
c. Telecommunications facilities where the combined electromagnetic frequency radiation (EMF) exceeds the State or Federal standard.
d. Telecommunication facilities within urban reserve areas or undesignated planning areas or within areas zoned or designated on the General Plan land use map for residential uses or on sites containing existing or planned public or private school facilities; or within 500 feet of areas so designated or zoned, except as follows:
i. Areas zoned commercial, subject to Conditional Use Permit review procedures (see § 17.100.100, Conditional Use Permit) and a determination that all aspects of the proposed facility, including support facilities, are completely concealed (i.e., completely incorporated into the site architecture or designed in a manner that is not identifiable as a wireless facility by the casual observer; this exception does not provide for mono-pines or similarly "stealth" facilities) from view and remain at least 100 feet from areas zoned or designated on the General Plan land use map for residential uses or on sites containing existing or planned public or private school facilities.
ii. Telecommunications facilities located on public or private school sites, supported and/or initiated by the applicable school district or governing entity, subject to the review procedures as set forth in subsection A.3, Director Review, or subsection A.5, Conditional Use Permit, are satisfied and provided the facilities meet the location and design standards set forth in this section, except historic properties and sensitive habitat areas.
iii. Telecommunications facilities within the public right -of-way (PROW) or on City - owned property (including parks), provided the applicant procedures set forth in subsection A.3, Director Review, or subsection A.5, Conditional Use Permit, are satisfied and provided the facilities meet the location and design standards set forth in this section, except historic properties and sensitive habitat areas.

2. Compliance Review. The following facilities are exempt from discretionary review under this section, subject to minor design review Design Review Tier 1 to ensure compliance with development requirements set forth below:
a. Interior and exterior facilities accessory to the residential use of the site including television antennas, satellite dishes, and amateur radio facilities meeting all requirements set forth below:

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i. No more than one satellite dish exceeding 36 inches in diameter per parcel. ii. Satellite dishes shall not extend above the peak of the roof or parapet. iii. Antennas shall meet applicable height requirements. iv. Antennas and dishes shall meet applicable setback requirements. b. Flush-mounted panel antennas in employment zones which meet the following standards:
i. The lowest part of the panel shall be at least 20 feet above grade. ii. The panel and connections shall not project out more than 18 inches from the building surface it is mounted to.
iii. Panels, connections, and supports shall be treated to match the color scheme of the building.
iv. Panels and connections shall not project above the mounting façade. v. The structure is not a historic site or a potentially historic resource. vi. Ground-mounted support equipment cabinets or buildings shall be screened. The specific design is subject to City review based on a visual analysis of the particular site and may require fencing, walls, landscaping, or both. vii. Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.
viii. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. c. Telecommunications facilities, including support facilities, concealed from public view (i.e., not visible) or fully integrated into the site architecture of nonresidential structures to be constructed or renovated.
i. The structure is not a historic site or a potentially historic resource. ii. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. d. Public safety facilities include transmitters, repeaters, and remote cameras. Public safety facilities are to be located, preferably, on existing public structures such as buildings, towers, bridges, and light poles and shall be treated to match the supporting structure. e. Telecommunications facilities accessory to other public equipment for data acquisition such as irrigation controls, well monitoring, and traffic signal controls. f. Facilities erected and operated for emergency situations. Emergency facilities shall be removed at the conclusion of the emergency or shall be replaced by public safety facilities. g. Mobile facilities when placed on a site for less than 24 consecutive hours. h. Facilities specifically exempted under Federal or State law including work subject to Pub.L.

No. 112-96 § 6409, as follows:
i. The modification of an existing wireless tower or base station for the co -location of

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new transmission equipment or removal or replacement of existing transmission equipment, provided that such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the existing use permit for such tower or base station. ii. For purposes of this subsection, "substantially change the physical dimensions " ” shall be defined in Title 47 Code of Federal Regulations (CFR) Section

1.6100(b)(7) and any subsequent rulings and interpretations by the Federal communications Commission (FCC). means any of the following, and refers This shall refer to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the initial approval for the tower or base station, unless otherwise specified by the FCC. that cumulatively have any of the effects described below:
(A) Changing any physical dimension of the wireless tower or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless tower, or in any other manner.
(B) Changing the physical dimension of a stealth wireless tower, where the changes would be inconsistent with the design of the stealth wireless tower, or make the wireless tower more visible.
(C) Changing the physical dimensions would require work that would intrude upon the public right-of-way, or any environmentally sensitive area. (D) Increasing by more than 10% any of the following: the height or width in any direction of the wireless tower, or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the City's regulations. (E) Increasing by more than 10% any of: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes.
(F) Increasing any of an existing antenna array's depth, circumference, or horizontal radius from the wireless tower in any direction by more than 10%. (G) Adding more than two antenna arrays to an existing wireless tower, or adding antenna arrays that, if the array were an existing array, would be of such depth, circumference, or radius as to fall outside of subsection A.2.h.ii.F, unless such arrays were approved under subsection A.3.a or subsection A.3.e. (H) The mounting of the new or replacement transmission equipment would involve installing new equipment cabinet(s) not permitted under the initial approval and that will not fit within the existing enclosure for the wireless tower or base station or would require installation of a new cabinet or enclosure, excluding new equipment and cabinets that will be installed underground. iii. Additional application information. Any application for a wireless telecommunications facility under this subsection A.2.h, shall include:
(A) A signed statement by a certified engineer, licensed and qualified in California, attesting that the work that will be performed will not trigger discretionary review under this subsection. Such statement shall be submitted in addition to all other application information required under this section.

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(B) A detailed description of the proposed modifications to the existing facility. (C) A photograph or description of the wireless tower or base station as originally constructed, if available, and a photograph of the existing wireless tower or base station, and a graphic depiction of the wireless tower or base station after modification, showing all relevant dimensions.
(D) A description of all construction that will be performed in connection with the proposed modification.

Nothing in this section prevents the City from imposing such other conditions on the grant of the permit consistent with obligations imposed with respect to the initial installation or with respect to facilities similar to those proposed by application. Any facility installed under this subsection shall require a development permit.

3. Director Review. The following telecommunications facilities shall be subject to review by the Director, including design and site plan review Design Review Tier 2 , provided they meet the development requirements set forth below and meet the location and design standards set forth in subsection B, Location and Design Standards for Nonexempt Facilities. Facilities that fail to meet the development requirements as set forth below shall be elevated to the review procedures as set forth in subsection A.4, Zoning Administrator Review, or, at the discretion of the Director, may be elevated to the review procedures as set forth in subsection A.5, Conditional Use Permit.
a. Modification of an existing wireless tower or base station for the co -location of new transmission equipment or removal or replacement of existing transmission equipment provided the following standards are complied with:
i. The telecommunications facility has been constructed and is operating in accordance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. ii. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. iii. The new array does not increase, by more than 15% any of the following: height or width in any direction of the wireless tower, or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the City's regulations. iv. The new array does not increase, by more than 15% any of the following: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes.
v. The new array does not increase, by more than 15%, the existing antenna array's depth, circumference, or horizontal radius from the wireless tower in any direction. vi. The panel array is the second or third grouping on the structure containing the existing telecommunications facility.
vii. A microwave dish greater than 36 inches in diameter is not being proposed as part of the array.
viii. The combined EMF for all arrays does not exceed applicable state or Federal standards.

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ix. The new array will meet the conditions of any existing use permit. x. The new array does not require major modifications to the structure containing the existing telecommunications facility.
xi. Ground-mounted equipment shall be screened from public view. The specific design is subject to City review based on a visual analysis of the particular site and may require fencing, landscaping, or both.
xii. The telecommunications facility is not subject to Pub. L. No. 112-96 § 6409. b. Any mobile antenna when placed on a site for more than 24 hours but less than 30 days, which meets the following standards:
i. Antenna vehicle/trailer shall be located only on an improved surface. ii. Parking and access for support personnel shall be on an improved surface. iii. Day and night safety marking shall be provided.
iv. The antenna vehicle/trailer and support parking shall not be located within a public right-of-way.
c. Roof-mounted facilities on nonresidential structures that are not entirely concealed from public view, which meet the following standards:
i. The facility and related equipment shall be screened from view or architecturally integrated into the building design so that only support brackets and panels are visible from the opposite side of the right-of-way in front of the building. ii. Panels shall match the color scheme of the building façade. iii. Ground-mounted equipment cabinets/buildings shall be screened from public view.

The specific design is subject to City review based on a visual analysis of the particular site and may require fencing, landscaping, or both. iv. Shall not exceed the allowable height limit for the zone. v. The structure is not a designated historic site or a potentially historic resource. vi. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. d. Flush-mounted antennas in commercial zones, which meet the following standards:
i. Placement of the panel shall not interfere with or encroach upon vehicular or pedestrian accessways.
ii. The panel and connections shall not project out more than 18 inches from the building surface it is mounted to.

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iii. Panels, connections, and supports shall be treated to match the color scheme of the building.
iv. The structure is not a designated historic site or a potentially historic resource. v. Ground-mounted support equipment cabinets or buildings shall be adequately screened. The specific design is subject to City review based on a visual analysis of the particular site and may require fencing, landscaping, or both. vi. Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.
vii. Panels shall not protrude above the roofline.
viii. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. e. Antenna arrays mounted on existing billboards, water towers and other similarly scaled structures.
i. Placement of the new array shall not exceed applicable height requirements. ii. The proposed array fits within the three dimensionalthree-dimensional envelope of the existing structure to with the array will be attached. iii. The new array does not require substantial modifications to the existing structure to which the array will be attached.
iv. The original structure was erected and is operated in accordance with the conditions of the original use permit.
v. The co -location request does not include microwave transmitters exceeding 36 inches in diameter.
vi. The combined EMR for all arrays does not exceed state or Federal standards. vii. May be subject to annual review as provided for in this Zoning Code. f. Telecommunications facilities, excluding towers, on publicly owned or publicly utilized lands (including City-owned land such as parks, general facilities, and utility apparatus) or on existing utility, signal or lighting structures within the public right -of-way, easement, or City-owned land which meet the following standards:
i. Facilities shall meet the requirements of subsection B, Location and Design Standards for Nonexempt Facilities, except as follows:
(A) Low power facilities to meet the needs of the immediate neighborhood may be proposed on existing light towers in public parks.
ii. Antennas placed on signal or street light poles shall not exceed two feet in length or six inches in diameter.
iii. Permits for telecommunication facilities proposed in the PROW shall be issued in a manner consistent with applicable law regarding the physical use and occupation of

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the PROW and only to applicants who have met all the conditions and requirements of this section and who establish a right to enter the PROW. The applicant must state the basis for its claimed right to enter the PROW, subject to independent confirmation by the City. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN. If the applicant is asserting a right to enter the PROW to close a significant gap in coverage, it shall provide evidence of the coverage gap and evidence that the site selected is the least intrusive means of closing that gap. iv. Antennas and all support equipment shall be treated to match the supporting structure.
v. Telecommunication facility installations located above the surface grade in the PROW, including, but not limited to, those on streetlights, traffic signal standards, or joint utility poles, shall consist of small equipment components that are compatible in scale and proportion to the structures they are mounted on and compatible with the neighborhood in which they are located. Antennas should generally be located on existing structures, such as street light poles or joint utility poles, and be visually compatible with the existing structure and surroundings. All equipment, including antennas, shall be the smallest and least visually intrusive equipment feasible.

Equipment shall be painted or otherwise coated to be visually compatible with the support structure and shall be subject to the issuance of a license or other special form or written agreement with the City.
vi. Proposals for telecommunication facilities shall not exceed 40 feet in height. This standard may be modified upon finding that cumulative visual impacts are not significant and that the telecommunication facility is necessary to provide services not possible with location on an existing tower or structure in the service area.

Independent review of the request, at the applicant's cost, may be required by the Director.
vii. Accessory equipment, excluding required electrical meters, shall be placed in an underground vault or entirely within the proposed pole. However, applications proposing to place accessory equipment within the pole, instead of underground vaults, shall be subject to design review and approval. If it is determined that the proposed telecommunication facility with accessory equipment in the pole is not acceptable, accessory equipment shall be placed in an underground vault. Factors that may be considered in evaluating whether to permit placement of accessory equipment within the pole instead of in an underground vault are aesthetics, such as whether placing equipment in the pole would result in a larger, more visually obtrusive telecommunication facility, and public safety, such as whether the proposed facility would visually obstruct pedestrian, bicycle, or vehicular traffic. An applicant contesting undergrounding bears the burden of establishing that undergrounding is not feasible. If it is determined that undergrounding is not feasible, such accessory equipment shall comply with all applicable laws and regulations and shall be visually screened or camouflaged. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings. viii. Telecommunication facilities in the PROW or on City -owned property in or within 500 feet of residential, school, or mixed-use zones shall be subject to the review

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procedures as set forth in subsection A.5, Conditional Use Permit. ix. The City retains the right to deny an application for this type of telecommunication facility based on aesthetic or land use impacts.

4. Zoning Administrator Review. The following telecommunications facilities shall be reviewed in accordance with § 17.92.020.D, Zoning Administrator, provided they meet the development requirements set forth below and meet the location and design standards set forth in subsection B, Location and Design Standards for Nonexempt Facilities. Facilities that fail to meet the development requirements as set forth below shall be elevated to the review procedures as set forth in subsection A.5, Conditional Use Permit.
a. Replacement of previously approved towers not authorized under the provisions of the existing permit, provided that such modification does not substantially change (by more than 10%) the physical dimensions of such tower or base station from the dimensions approved as part of the existing use permit for such tower or base station consistent with subsection A.2.h.ii definition of "substantial change" (unless otherwise exempt from discretionary review pursuant to subsection A.2.h, Work, subject to Pub. L. No. 112-96 § 6409.
i. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. b. Additions and/or expansions of legal nonconforming uses, including co -locations, which do not meet the criteria for exempt facilities under subsection A.2.h, Work, subject to Pub.

L. No. 112-96 § 6409. At the discretion of the Zoning Administrator, such applications may be elevated to the Planning Commission for review and approval. i. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit.

5. Conditional Use Permit. The following telecommunications facilities shall be reviewed in accordance with § 17.100.100, Conditional Use Permit, provided they meet the development requirements set forth below and meet the location and design standards set forth in subsection B, Location and Design Standards for Nonexempt Facilities. a. Telecommunications facilities within historic districts, on sites or buildings designated historic or potentially historic resources.
i. A site specificsite-specific historic evaluation may be required by the City and shall be paid for by the applicant if the proposed project site or building is over 50 years old.
ii. The facility must comply with the applicable development regulations of the land use zone and all other applicable regulations pertaining to the preservation of historical sites.
iii. Construction of the facility must not result in a reduction in required parking provided on the site.
iv. The facility must be concealed from public view or integrated into the site architecture so as not to be noticed or identified as a telecommunication facility by

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the casual observer.
v. Must be reviewed by applicable historical preservation commission prior to final action by City.
vi. Limited to building mounted facilities.
b. Wireless telecommunications facilities on publicly owned lands not otherwise subject to local land use zoning, but lying within the local jurisdiction, when the wireless telecommunications facility is not solely maintained or operated for the primary public use of the site.
c. Monopole facilities, single carrier wireless towers, and lattice tower in any nonresidentially zoned area, subject to the following standards:
i. Shall be subject to periodic review as identified in this Zoning Code. ii. Monopoles and lattice towers shall be located and designed to minimize visual impacts. Towers located in high visibility locations shall incorporate "stealth" design techniques to camouflage the tower to the maximum extent feasible as art/sculpture, clock tower, flag pole, tree or any other appropriate and compatible visual form. iii. Monopoles and lattice towers shall be located on the rear half of the parcel, unless aesthetic benefit is achieved through an alternative location, as determined by the Planning Commission.
iv. New private monopoles and lattice towers shall not be located in any land developed or zoned for any residential and/or school zone/use, pursuant to subsection A.1, Prohibited Telecommunication Facilities.
v. Monopoles and lattice towers shall generally not be permitted within 1,000 feet of an existing tower or facility. This standard may be modified upon finding by the Planning Commission that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. Independent review of the request, at the applicant's cost, may be required by the Planning Commission. vi. Monopoles and lattice towers shall be designed at the minimum functional height.

Tower height shall generally not exceed the maximum height for buildings in the zone in which it is located by more than 12 feet. This standard may be modified upon a finding by the Planning Commission that cumulative visual impacts are not significant and that the height is necessary to provide services not possible with a tower meeting the height standard. Independent review of the request, at the applicant's cost, may be required by the Director. If no maximum building height is established in this Zoning Code, the height of the tower shall be reviewed for the visual impact on the surrounding land uses and the community. vii. As a condition of approval for all monopoles and lattice towers, the applicant shall provide the City with a written commitment that it will allow other service providers to co -locate antennas on towers where technically and economically feasible.

Support structures and site area for telecommunication facilities shall be designed and of adequate size to allow at least one additional service provider to co -locate on the structure, including sufficient area available for ground mounted equipment.

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viii. Ground-mounted equipment shall be under ground or screened from public view, including, but not limited to, decorative fencing and/or landscaping. If the Planning Commission determines that screening is not adequate, it may require that equipment be placed underground.
ix. Parking and access shall be on an improved surface, subject to review and approval by the Planning Commission.
x. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. d. Towers located on property owned, leased, or otherwise controlled by the City (or wireless facilities on publicly/City-owned property or PROW within 500 feet of residential/school buffer) provided prior written acknowledgement and pre-authorization for such antenna or tower is approved by the City.
i. Shall be subject to development requirements as set forth in subsection A.3.f, Facilities, excluding towers, on publicly owned or publicly utilized lands, and subject to subsection A.5.c, Monopole facilities, single carrier wireless towers, and lattice tower in any nonresidentially zoned area.
e. Other telecommunications facilities not listed as exempt, permitted, or prohibited shall comply with the following minimum physical standards and other requirements as deemed appropriate by the Planning Commission:
i. Adequate access shall be provided.
ii. Facility shall be concealed or designed as a stealth facility to the satisfaction of the Planning Commission.
iii. No reduction in parking below that required by this Zoning Code. iv. Concurrent review and approval by the City and the County.

B. Location and Design Standards for Nonexempt Facilities.

1. The following standards are applicable to all telecommunication facilities except exempt facilities identified in subsection A.2.h:
a. If technological improvements or developments occur that allow the use of materially smaller or less visually obtrusive equipment, the service provider may be required to replace or upgrade an approved telecommunication facility upon application for a new permit in order to minimize the facility's adverse impacts on land use compatibility and aesthetics. This provision would only apply to the specific site where the application for modification is requested.
b. All telecommunication facilities shall be installed and maintained in compliance with the requirements of the California Building Standards Code, the Americans with Disabilities Act, as well as other restrictions specified in this section and other applicable provisions of this Zoning Code.
c. Design Standards. All telecommunication facilities shall:

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i. Utilize state of the art stealth technology as appropriate to the site and type of facility.

Specifically, all telecommunication facilities shall employ and maintain camouflage design techniques to minimize visual impacts and provide appropriate screening.

Such techniques shall be employed to make the installation, operation, and appearance of the facility as visually inconspicuous as possible and to hide the installation from predominant views from surrounding properties. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application.
ii. Antennae and support structures, where utilized, must be monopole type. Monopole support structures shall not exceed four feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary. iii. In the case of existing structures, telecommunication facilities shall be located in a manner so as to minimize visual impacts from surrounding properties and public rights-of-way.
iv. All flush -mounted antenna(s) and support structures shall be painted to be architecturally compatible with the building on which it is located or painted to minimize the visual impacts where the structures extend above the roof line and minimize visual impacts from surrounding properties. The specific color is subject to City review based on a visual analysis of the particular site. v. Accessory equipment must be designed and screened from public view. The specific design is subject to City review based on a visual analysis of the particular site and may include decorative fencing and/or landscaping. If landscaping is required, landscape plans shall be prepared by a licensed landscape architect. vi. Support structures and site area for telecommunication facilities shall be designed and of adequate size to allow at least one additional service provider to co-locate on the structure, including sufficient area available for ground mounted equipment, subject to the specific design standards and aesthetic considerations of the specific telecommunication facility location and Conditional Use Permit requirements in subsection A.5, Conditional Use Permit.
vii. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit and/or allow for removal of graffiti.
viii. Placement of ground mounted equipment shall not substantially hinder the future development potential of any property.
d. Height. All telecommunication facilities shall be designed to meet the minimum functional height required.
i. Unless this section imposes a more restrictive height limitation on a specific type of facility, facility height shall not extend more than 12 feet beyond the maximum allowable building height for the zone, except as otherwise allowed in this section. If a maximum building height has not been established in this Zoning Code, the height of the facility shall be reviewed for the visual impact on the surrounding land uses

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and the community.
ii. If the facility is not attached to a building, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community. iii. The height of a telecommunication tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.
e. Setbacks. The following setback requirements shall apply to all telecommunication facilities except facilities in the public right-of-way and on City-owned property:
i. All facilities shall comply with the required building setbacks for the zone in which the site is located. However, in no instance shall the facility (including antenna equipment) be located closer than five feet of any property line. Additional setback requirements may be established in conjunction with a Conditional Use Permit for those antennae exceeding the height limit for the zone. ii. Facilities shall not be located within the required front yard area of any parcel, unless specifically approved by the Planning Commission.
iii. The Planning Commission may reduce setbacks through the Conditional Use Permit process (see § 17.100.100, Conditional Use Permit) upon determination that aesthetic impacts would be reduced and/or open space improved.
f. Landscaping.
i. Landscaping, wherever appropriate, shall be used as screening to reduce visual impacts of telecommunication facilities. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity.
ii. Existing landscaping in the vicinity of a proposed telecommunication facility shall be protected from damage during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement. iii. Off-site landscaping may be required to mitigate off -site impacts, subject to willing property owners. Additional landscaping may also be required in public rights -of- way to obscure visibility of facilities from passing motorists, bicyclists, and pedestrians.
iv. When required, a landscape and irrigation plan prepared by a licensed landscape architect shall be submitted at the Building Permit stage for review and approval by the Community Development Department.
g. Signage. A permanent, weather-proof identification sign must be placed on the gate of the fence surrounding the telecommunication facility or base shelter or, if there is no fence, on the facility itself. The sign must identify the facility operator(s), type of use, provide the operator's address, and specify a 24 -hour telephone number at which the operator can be reached so as to facilitate emergency services.
h. Access. Parking and access to and for the maintenance of telecommunication facilities shall be on an improved surface and no required parking for the primary use shall be lost

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due to placement of the pole and support facilities unless otherwise permitted by the Planning Commission. A minimum of one parking space shall be provided and calculated separately from the required parking for the primary use, for maintenance of the telecommunication facility. Required fire access shall be maintained. i. Lighting and Placement. Facility lighting shall comply with the local requirements of the City. Towers shall not be artificially lighted, unless required by the FAA or other applicable public safety authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
j. Noise. In general, noise levels shall comply with the applicable State and local guidelines.

In no instance shall noise levels produced by the facility or appurtenant equipment exceed 65 dBA as measured at the site property line. Back -up generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between 8:30 a.m. and 4:30 p.m.

2. Management.
a. Periodic Review. The City may conduct a periodic review of the telecommunications facility to consider whether or not the facility is conforming with the (including the co - location) conditions of its discretionary approval or appropriate permits. The City shall consider whether or not the facility is conflicting with emerging land uses approved under the applicable master or Specific Plan. If the City concludes that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the carriers shall work with the City to develop a plan for achieving these mitigating goals. The City may impose a condition limiting the duration of any permit for a telecommunications facility located on property zoned other than industrial only after making findings of fact that such a condition is warranted. As part of such condition, the City shall specify the development threshold which could trigger termination of the permit following a duly noticed public hearing. b. Abandonment. If any telecommunications facility is not operated for a continuous period of six months, the service provider shall notify the Zoning Administrator. A telecommunications facility shall be considered abandoned and shall be removed by the facility owner within the next six months and the site restored back to its original setting.

The City may, at its discretion, require the posting of a performance surety to cover the cost of the removal of abandoned facilities.
c. Public Health and Safety (EMF and RF). No telecommunications facility or combination of facilities shall generate, at any time, EMF, or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.

3. All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the Federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Any violation of this subsection shall constitute grounds for revocation of any permits and/or approvals granted under this section (see § 17.96.150, Revocation of Permits). Such violations shall also constitute grounds for abatement and removal of the telecommunications facility by the City at the property

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owner's expense.

4. If it is found that wireless telecommunications facilities are or will be detrimental to the health, safety, or welfare of persons working or residing near such facilities, then the service provider(s) shall be solely responsible for the removal, adjustment, or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety, or welfare. A facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility so long as it meets all then current standards established by the FCC, or other Federal agency having jurisdiction.

C. Findings for Approval for Telecommunications Facility Applications.

1. The proposal meets or exceeds the criteria of this Zoning Code and is consistent with the General Plan and applicable land use designations.

2. That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and required provisions of this Zoning Code.

3. The proposal for the telecommunications facility is in its design and appearance is consistent or compatible with the development and design of the surrounding structures and neighborhood.

4. That the proposed use will be organized, designed, constructed, operated, and maintained so as to be compatible with the character of the area as intended in the General Plan or any Specific Plan.

5. That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles.

D. Appeals. Any person dissatisfied with the decision to either approve or deny a development permit for the construction or modification of a wireless telecommunications permit, excluding exempt facilities, may file an appeal in accordance with the procedures set forth in Division II: Administration and Procedures, as applicable. Staff decisions regarding exempt facilities may be appealed in the same manner as a decision of the Zoning Administrator as set forth in § 17.92.020.D, Zoning Administrator.

§ 17.84.370. Temporary Uses.

This section establishes standards for uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A. Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit (see § 17.100.080, Temporary Use Permit). Other permits, such as Building Permits, may be required (see § 17.100.130, Building Permit)

1. Yard Sales. Sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.
a. No more than two garage/yard sales shall be conducted on a site in any calendar year. b. No single sale event shall be conducted for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event. c. Yard sales shall be conducted between the hours of 8:00 a.m. to 7:00 p.m.

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d. Personal property sold at a sale must not include secondhand goods obtained for purposes of resale.
e. Only temporary signs conforming to the standards in Chapter 17.72, Signs are permitted.

The temporary signs shall not be posted earlier than one day prior to the sale event. f. The display of property for sale shall be located at least five feet from the property line.

2. Non-Profit Fund Raising. Fund raising sales for up to three days per event is permitted on a site by a non-profit organization, not to be conducted more frequently than three times per year per site.

3. Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the Director.

4. Sales Office and Model Homes. Model homes with sales offices and temporary information/ sales offices in new residential developments are subject to the following requirements. a. Time Limits.
i. Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of development, whichever occurs first. ii. Model Homes. Model homes established and operation for a term period of four years or until completion of the sale of the lots or units, whichever comes first. b. Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.

5. Live Music. Temporary live music performances that do not require a Temporary Use Permit (see § 17.100.080, Temporary Use Permit) include:
a. Non-amplified music performances, indoor or outdoor. b. Indoor amplified music performances accessory to a commercial use, provided the temporary use complies with the Performance Standards of Chapter 17.76, Performance Standards.

6. Mobile Vendor Services. Mobile vendor services as described in § 17.84.240, Manufactured Home Parks, RV/Trailer Parks, and Manufactured Buildings are exempt from the requirements of this section.

7. Special Events Exempt. Special events, as defined and regulated by Woodland Municipal Code § 12.40.010, Special Events, are exempt from the requirements of this section.

B. Temporary Uses Requiring a Temporary Use Permit. The following temporary uses may be permitted pursuant to § 17.100.080, Temporary Use Permit, subject to the following standards.

Additional or more stringent requirements may be established through the Temporary Use Permit process.

1. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards:

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a. Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31.
b. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.
c. The property shall not be used in such a manner as to create a nuisance due to noise, dust, litter, or other factors.
d. The City reserves the right to shut down a temporary seasonal sales operation if the operation is posing safety concerns, has become a nuisance, or has violated any requirements of this subsection. All costs associated with the removal and/or abatement shall be paid for by the property owner.

2. Construction Uses. Temporary structures and uses incidental to the construction of a building or a group of buildings, including, but not limited to, construction staging of materials and equipment that is not located on the approved development site.

3. Promotional Sales and Other Events. These are events that do not qualify as a Special Event requiring review by the Special Events Committee pursuant to Woodland Municipal Code Chapter 12.40, Special Events. Temporary short term special events shall not exceed a total of seven days in any one calendar year may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential zones. b. Number of Events. No more than four events at one site shall be allowed within any 12-month period.
c. Parking. The available parking shall not be reduced to less than 66% of the minimum number of spaces required by Chapter 17.68, Parking and Loading. d. Time Limit. When located adjacent to a Residential zone, the hours of operation shall be limited to 9:00 a.m. to 8:00 p.m.
e. Temporary Outdoor Sales. Temporary outdoor sales, including, but not limited to, grand opening events, and other special sales events, are also subject to the following standards:
i. Temporary outdoor sales shall be part of an existing business on the same site. ii. Outdoor display and sales shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated.
iii. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle of pedestrian traffic.

4. Temporary Prefabricated Storage, Shipping or Cargo Containers. Containers may be allowed on a temporary basis in nonresidential areas for longer than 96 hours, but no longer than 90 days, for construction related purposes subject to Development Review Tier 1 (see

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§ 17.100.050, Development Review Tier 1: Minor), for review of placement, and a Temporary Use Permit (see § 17.100.080, Temporary Use Permit), subject to the following provisions. a. Containers must be removed upon the project completion. b. Anticipated time frame for removal of the containers must be provided and approved by Director. An extension of duration may be permitted by the Director subject to conditions of approval.
c. No stacking of containers is allowed.
d. Containers must be placed on private property and shall in no way obstruct the public right-of-way or visibility.
e. Containers shall be accessible for periodic fire/life safety inspection. Each container requires additional ground area in the parcel, adjacent to the container, equal or greater than one-half the area of corresponding container.
f. Containers must comply with the Building Code.

5. Temporary Uses Related to Recycling. In Commercial and Mixed-Use zones, temporary uses related to recycling, including donation boxes, require approval of the Director. Recycling uses are also subject to the requirements of § 17.84.310, Recycling Facilities.

6. Temporary and Transitional Container Uses. Uses such as coffee kiosks, shipping container eateries/beer gardens, and other low barrier entry, transitional and temporary uses may be considered subject to a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) and a Development Review Tier 3 Permit (see § 17.100.070, Development Review Tier 3). The Director may elevate the application to the Planning Commission if the Director finds the proposal warrants public review.
a. Such uses are intended to activate underutilized parcels as more permanent projects are completed over time.
b. Such uses are subject to the standards of § 17.84.240.D, Commercial Modular Buildings. c. Transitional temporary uses must adhere to all development and design standards of the base zone and all Building, Fire and Health Code requirements.

7. Temporary Uses Requiring a Zoning Administrator Permit. The Zoning Administrator may consider uses on a temporary basis that are not specifically listed in the use table. Other temporary uses may be allowed with the approval of a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) provided they are not intended to extend longer than six months and they are determined to not impact neighboring uses or otherwise create significant impact. The Director may elevate any temporary use application to the Planning Commission if the Director finds the proposal warrants public review.

C. Performance and Review Standards. The following apply to all temporary uses:

1. Approval of a business license, Zoning Clearance (see § 17.100.030, Zoning Clearance), and any permits as required by this or any other section of this Zoning Code.

2. Written permission of the owner and/or operator of the property.

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3. Time frame for the temporary use, event start, hours of operation, and event end.

4. Submittal of a site plan to identify the location of the proposed temporary use and any activities or storage or display of goods, parking, access.

5. Signage proposed in compliance with Chapter 17.72, Signs.

6. The temporary use shall not interfere with driveways, corner sight requirements or sidewalk access.

7. Goods shall be displayed in a neat and orderly fashion.

8. Temporary uses shall not create a nuisance, excessive noise, glare, odor, particulates, or impacts to public health and safety that would negatively affect adjacent properties and uses.

9. Evidence of the temporary use shall be cleaned and removed by close of business on the last day the approved license is valid.

10. Conditions of Approval as necessary related to size, location, hours of operation, etc., to ensure that a temporary use will not conflict with General Plan policies.

§ 17.84.380. Two-Unit Projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with California Government Code § 65852.21.

B. Definition.
"Two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for a two -unit project must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Zoning Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two -unit project is approved or denied ministerially, by the Director, without discretionary review.

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2. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone which includes:
a. R-L, N-P and R -LM zones; the R -3, R-4, and R-5 single-family residential zones in the Spring Lake Specific Plan; and the R-4 and R-5 single-family zones in the Southeast Area Specific Plan.

3. Lot Location.
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards. d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards. f. Within a 100-year flood hazard area, unless the site has either:
i. Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. g. Within a regulatory floodway, unless all development on the site has received a no -rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

5. No Impact on Protected Housing. The two -unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity's valid

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exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application. d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two -unit project is sought must provide a notarized statement as to this fact with the application for the parcel map.

6. Quantity.
a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of the Zoning Code, an ADU, or a JADU.
b. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under State law and the City's ADU ordinance.
c. In no case shall there be more than four total units of any kind in total provided as a result of an urban lot split or on a lot that is not created by an urban lot split.

7. Unit Size.
a. Each primary dwelling built that is developed under this section is limited to 800 square feet of floor area.
b. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two- unit project.
c. A primary dwelling that was legally established prior to the two -unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
d. Exception. One or both primary dwelling units may be expanded if able to meet lot coverage and setback requirements as established in Chapter 17.24, Residential Zones, inclusive of all units and accessory structures on the property.

8. Height Restrictions.
a. On a lot that is larger than 2,000 square feet, a new primary dwelling may be 30 feet in height if the rear setback is 20 feet or the side setback is five feet, otherwise, no new primary dwelling unit may exceed 16 feet in height, measured from grade to peak, or tallest point, of the structure.
b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds 16 feet in height as measured from grade to peak or tallest point, must be stepped back by an additional seven feet; no balcony deck or other portion of the second story may project into the step-back.

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c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

9. Demolition Cap. The two-unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

10. Lot Coverage. Structures shall not cover more than 50% of the total lot area. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

11. Open Space. A minimum of 30% of the required rear yard shall be open space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

12. Setbacks.
a. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
b. Dwellings must be at least four feet from the interior side and rear property lines. c. Dwellings must be at least 15 feet from a corner street side setback. d. A front yard setback of at least 25 feet shall be maintained from the front of a new or existing dwelling unit to the required rear yard area of another dwelling unit. e. Dwellings must be at least 25 feet from the front property lines. Exceptions are as follows:
i. Front yard setbacks of 20 feet are permitted for houses where garages or carports are set back 25 feet. Front yard setbacks of 20 feet are allowed for garages equipped with roll up doors or carports.
f. The front setback area must:
i. Provide adequate line of sight visibility from driveways, corners, and intersections; ii. Be at least 50% landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and iii. Allow for vehicular and fire-safety access to the front structure.

13. Parking. Each new primary dwelling unit must have at least one off -street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either:
i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours;
ii. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods; or iii. A site that contains:

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(A) An existing rail or bus rapid transit station, or
(B) A ferry terminal served by either a bus or rail transit service. b. The site is located within one block of a permanent car -share pick up or drop off vehicle location.

14. Accessibility. All dwellings and structures built or substantially remodeled on the lot must be ADA accessible. "Substantially remodeled" means that more than 10% of the existing floor area is the subject of a Building Permit (see § 17.100.130, Building Permit) or that the existing floor area, including non -livable space, increases by more than 10%. Pedestrians shall have a clear path of travel a minimum of four feet wide and ADA compliant from the principal building entrances to the street.

15. Architecture. See § 17.56.020, Single-Family and Duplex Design Standards,

16. Landscaping.
a. All required street front and street-facing side setbacks, except areas used for parking, exit and entry, shall be landscaped.
i. Required landscape areas shall be planted with a combination of ground covers, shrubs, vines, and trees. No more than 25% of the required landscaped area may be turf and shall not be used in areas less than 10 feet wide. ii. Required landscape areas may include paved, gravel, or bark surfaces, provided they do not cover more than 30% of the required landscape area. iii. Garden area and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.
b. To the extent possible, existing mature trees on the site shall be preserved whenever it is possible and practical to do so. The project shall comply with the City's Tree Preservation Ordinance.
c. A landscape plan shall be provided with each submittal and shall at minimum include:
i. Property lines and public utility easements; structures, streetlights, transformers, trash enclosures, utilities.
ii. Grading, including finished planter elevations, grade differentials with adjacent properties, retaining walls, on-site drainage features. iii. Proposed planting list including:including botanical and common names, quantities of each species, container sizes, spread and height of plant at maturity, rate of growth (fast, moderate, slow).
iv. Distance of trees to all structures. Large trees (40 feet to 90 feet in height at maturity) shall not be planted closer than 15-feet to any structure. Medium sized trees (30 feet to 40 feet in height at maturity) shall not be planted closer than 10 feet to any structure.
d. All landscaping must be drought -tolerant tolerant and shall be suitable for the local climate. All new landscaping shall comply with the City's Water Conservation Ordinance,

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California Model Water Efficient Landscape Ordinance, and the CalGreen Code. e. Automated irrigation system shall be installed to provide coverage of all irrigated landscaped areas and shall have automatic rain shut-off valves. f. Deciduous shade trees are permitted around the east, west, and south sides of residences to help reduce cooling loads during summer and allow solar gain during the winter months. g. Landscaping and/or architectural treatments shall be provided to screen views of service elements that include storage areas, trash enclosures, mechanical equipment transformers, HVAC, and other similar elements. Screening shall either be landscaping a minimum of three feet high or architectural screens designed to match building features. h. Pedestrian walkways and paths of travel shall not be combined with, or be part of driveways unless textures, patterns, and colors are provided to designate separate pedestrian paths.
i. There shall be a clear transition between the City sidewalk or public property, and the development property. This is to be achieved through changes in pavement textures, landscaping, and front fencing.
i. Fencing in the required front setback, or five feet from the corner side yard setback, shall not exceed three feet six inches, in compliance with § 17.64.030, Fences, Walls, and Hedges. Chain-link fencing is prohibited.
j. When next to a side or rear property line of an adjacent property, a solid six -foot-high wood or masonry fence shall be provided on the property line as a buffer. k. Landscaping that is required to help achieve screening of views into an adjacent property shall be planted along the rear or side property line to achieve a 75% summer opacity and 60% winter opacity within three years of planting. At minimum, four medium to large size shrubs at maturity shall be planted per 50 linear feet of buffer. Shrubs shall be a minimum five gallon in size.
l. All landscaping shall be installed prior to issuance of a Certificate of Occupancy.

17. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected, consistent with § 17.80.040, Nonconforming Uses.

18. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

19. Building and Safety. All structures built on the lot must comply with all local Building Code requirements.

20. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all

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individual property owners.

21. Regulation of Uses.
a. Residential Only. No nonresidential use is permitted on the lot. b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

22. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two -unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

23. Notice of Construction.
a. At least 30 business days before starting any construction of a two -unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i. Notice that construction has been authorized;
ii. The anticipated start and end dates for construction; iii. The hours of construction;
iv. Contact information for the project manager (for construction -related complaints); and
v. Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

24. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential use of the lot. c. Expressly requires the individual property owners to state that they intend to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile for at least three years from the date of approval by the City.

25. Specific Adverse Impacts.
a. Notwithstanding anything else in this section, the City may deny an application for a two- unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

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§ 17.84.380 ZONING § 17.84.380

b. "Specific adverse impact" has the same meaning as in Government Code § 65589.5(d)(2):
"a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (i) inconsistency with this Zoning Code or General Plan land use designation; or (ii) the eligibility to claim a welfare exemption under Revenue and Taxation Code § 214(g).
c. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

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CHAPTER 17.88

FLOOD MANAGEMENT

§ 17.88.010. Purpose.

The purpose of this chapter is to provide protection against flood damage for uses and service facilities in designated flood-prone areas by requiring proper design at the time of initial construction.

§ 17.88.020. Floodplain Area Map.

The Floodplain Area Map, provided in Chapter 17.16, Maps, identifies areas of the City subject to flooding.

§ 17.88.030. Flood Protection.

The flood protection required by this section is based on sound engineering principles. The floodplain hazard areas are subject to flooding (one percent chance in any one year) which may result in flood losses by uses which are inadequately elevated or otherwise protected from flood damage. The regulatory provisions that follow reflect a reasonable attempt to analyze the flood hazard for specific lands. This does not imply, however, that all areas outside those designated as "FP" floodplain overlay zones will be free from flooding or flood damage.

§ 17.88.040. Requirements.

The following requirements shall apply in the floodplain area:

A. No Building Permit (see § 17.100.130, Building Permit) or other entitlement shall be issued nor shall any structure be erected unless certification is provided to the Director from a registered professional engineer that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood zone more than one foot at any point within the community.

B. Residential structures shall have the lowest floor, including a basement, elevated to or above the base flood elevation as specified on the FIRM and Flood Insurance Study for the City.

C. Nonresidential structures shall meet the requirements set forth in subsection B or be adequately flood proofed below the base flood elevation. If floodproofing is proposed, a professional engineer shall provide to the Director calculations certifying that the hydrostatic forces, velocities, uplift, and the like, have been designed for.

D. No Building Permit (see § 17.100.130, Building Permit) shall be issued unless satisfactory evidence has been provided to the City Engineer that new or replacement public and on -site utilities and facilities are located and constructed to minimize or eliminate flood damage and infiltration.

E. No Building Permit (see § 17.100.130, Building Permit) shall be issued unless satisfactory evidence is provided to the Director that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law.

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Division IV
Administration And Procedures

CHAPTER 17.92

PLANNING AUTHORITIES

§ 17.92.010. Purpose.

This chapter identifies the bodies, officials, and administrators (i.e., Review Authorities) with designated responsibilities under various chapters of the Zoning Code. Subsequent chapters provide detailed information on procedures, application and permits. When carrying out their assigned duties and responsibilities, all bodies, officials, and administrators shall interpret and apply the provisions of this Zoning Code as minimum requirements adopted to implement the policies, and achieve the objectives, of the General Plan.

§ 17.92.020. Review Authorities.

A. City Council. The City Council is established in accordance with the Woodland Municipal Code Chapter 2.04, City Council. The powers and duties of the City Council under this Zoning Code include, but are not limited to, the following:

1. Consider and adopt, reject, or modify amendments to the General Plan map and text pursuant to provisions of Chapter 17.104, Amendments to the General Plan, and of the California Government Code, following a public hearing and recommended action by the Planning Commission.

2. Consider and adopt, reject, or modify amendments to the Zoning Map and text of this Zoning Code pursuant to the provisions of Chapter 17.108, Amendments to the Zoning Map and Text, and the California Government Code, following a public hearing and a recommendation from the Planning Commission.

3. Hear and decide applications for Development Agreements, pursuant to § 17.100.180, Development Agreements.

4. Hear and decide on proposals to revoke permits, pursuant to Chapter 17.96.150, Revocation of Permits.

5. Make environmental determinations on any approvals for which it has authority to grant that are subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to State law.

6. Hear and decide appeals from decisions of the Planning Commission pursuant to § 17.96.160, Appeals.

7. Establish by resolution, a Planning Application Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Zoning Code.

B. Planning Commission. The powers and duties of the Planning Commission are established in the Woodland Municipal Code Section 2.28.020, Planning Commission. The Planning Commission shall be the approval authority for planning permits identified in Table 17.100.020 -1: Planning/Processes Permits and Review Authority. All discretionary decisions of the Planning Commission may be

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appealed to the City Council, in compliance § 17.96.160, Appeals. The Planning Commission shall make recommendations on all legislative entitlement requests to the City Council. The powers and duties of the Planning Commission under this Zoning Code include, but are not limited to the following:

1. Conduct hearings and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 17.104, Amendments to General Plan.

2. Conduct hearings and make recommendations to the City Council on proposed amendments to the Zoning Map and text of this Zoning Code, pursuant to Chapter 17.108, Amendments to Zoning Map and Text, and the California Government Code.

3. Conduct hearings and make recommendations to the City Council on proposed Development Agreements, pursuant to § 17.100.180, Development Agreements.

4. Approve, conditionally approve, modify, or deny Conditional Use Permits and Variances, pursuant to § 17.100.100, Conditional Use Permit and § 17.100.120, Variance.

5. Hear and decide on modifications to approved Conditional Use Permits and Variances, pursuant to § 17.96.140, Modifications to an approved Permit.

6. Hear and decide on proposals to revoke permits, pursuant to § 17.96.150, Revocation of Permits.

7. Hear and decide appeals from decisions of the Director or Zoning Administrator on decisions, determinations, or interpretations made in the enforcement of this Zoning Code and any other decisions that are subject to appeal, pursuant to § 17.96.160, Appeals.

8. Make environmental determinations on any approvals it grants that are subject to environmental review under CEQA pursuant to State law.

9. Review of the annual capital improvement program budget for conformity with the General Plan in compliance with California Government Code § 65401.

10. Conduct development review on any approvals it grants that are subject to development review pursuant to § 17.100.040, Development Review Process.

11. Undertake a comprehensive historic resources inventory and maintain a historic register.

12. Establish various criteria, guidelines, and standards to carry out the intent of the Woodland Municipal Code Chapter 15.24, Historical Landmarks, Districts and Resources.

13. Recommend to the City Council the designation of historical landmarks and historical districts.

14. Participate in administrating regulations pertaining to historical landmarks and historical districts.

15. Recommend to the City Council ways to fund and to otherwise make financially feasible the protection of historical landmarks and historical districts in the City.

16. Recommend to the City Council the means to implement the historic preservation element of the General Plan and the Woodland Municipal Code Chapter 15.24, Historical Landmarks, Districts and Resources, by developing information and programs to increase awareness of, preservation of, and use of historical landmarks and historical districts in the City.

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17. Other duties and powers as assigned or directed by the City Council.

C. Community Development Director. The powers and duties of the Community Development Director (the "Director") under this Zoning Code include, but are not limited to, the following:

1. Prepare the annual report related to the implementation of the General Plan in compliance with California Government Code § 65400.

2. Maintain and administer the Zoning Code, including processing of applications, abatements, and other enforcement actions.

3. Interpret the Zoning Code to members of the public and other City departments.

4. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business (e.g., scheduling, rules of procedure, and recordkeeping).

5. Issue administrative regulations for the submission and review of applications subject to the requirements of this Zoning Code and California Government Code § 65950, time periods for effective approval or disapproval of a project.

6. Review applications for permits and licenses for conformance with this Zoning Code and issue a Zoning Clearance when the proposed use, activity, or building is allowed by right and conforms to all applicable development and use standards pursuant to § 17.100.030, Zoning Clearance.

7. Review applications for administrative/ministerial permits and approvals to ensure compliance with all applicable development and use standards established in this Zoning Code.

8. Review applications for discretionary permits and approvals to determine whether the application is subject to review under the CEQA and notify the applicant if any additional information is necessary to conduct the review.

9. Make recommendations to the Planning Commission and City Council on all applications, amendments, appeals, and other matters upon which the Planning Commission and City Council have the authority and duty to act under this Zoning Code.

10. Conduct development review pursuant to § 17.100.040, Development Review Process.

11. Approve, modify, or deny requests for reasonable accommodation for land use projects, pursuant to § 17.100.160, Reasonable Accommodation for Persons with Disabilities.

12. Serve as staff to the Planning Commission.

13. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures.

14. Delegate administrative and discretionary functions to members of the Planning Division as deemed necessary.

15. Provide required notice of public hearings.

16. Serve as or designate a member of the Planning Division staff to serve as Zoning Administrator pursuant to § 17.100.090, Zoning Administrator Permit.

17. Review and make determinations regarding nonconforming uses.

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18. Decide requests for minor modifications to approved permits, pursuant to § 17.96.140, Modification to an Approved Permit.

19. Make determinations on lot line adjustments and Certificates of Compliance.

20. Refer items to the Planning Commission where, in the Director's opinion, the public interest would be better served by a Planning Commission public hearing and action.

21. Other duties and powers as assigned by the City Council or established by legislation.

D. Zoning Administrator. The Zoning Administrator is a City staff member appointed by the Director with the following powers and duties.

1. Approve, modify, or deny applications for Zoning Administrator Permits and Variances, pursuant to § 17.100.090, Zoning Administrator Permit and § 17.100.120, Variance, including holding administrative public hearings.

2. Decide requests for modifications to an approved permit, pursuant to § 17.96.140, Modifications to an Approved Permit.

3. Approve, modify, or deny requests for extensions for land use projects, pursuant to § 17.96.130, Expiration and Extension.

4. Refer items to the Planning Commission where in the Zoning Administrator's opinion, the public interest would be better served by a Planning Commission public hearing or action.

5. Provide required notice and conduct public hearings.

6. Other duties and powers as assigned by the Director.

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CHAPTER 17.96

COMMON PROCEDURES

§ 17.96.010. Purpose.

This chapter establishes procedures that are common to the processing of all permits and approvals provided for in this Zoning Code, unless superseded by specific requirement of this Zoning Code or State law.

§ 17.96.020. Application Forms and Fees.

A. Applicant.

1. A development application may be submitted by the owner of the property or the owner's authorized agent. If an application is submitted by someone other than the owner or the owner's agent, written proof, satisfactory to the Director, of the right to act as the owner's agent or to use and possess the property as applied for, shall accompany the application.

2. Written proof of authorization (Letter of Agency) must be signed, dated, and notarized by the property owner and expressly state what the agent is authorized to do on behalf of the owner.

B. Planning Application Forms and Materials.

1. Planning Application Forms. The Director shall prepare and have on file with the Department the planning application forms and checklists that specify the information required to be submitted with all planning applications.

2. Supporting Materials and Information. The Director may require the submission of supporting materials and information as part of a planning application submittal, including, but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other items necessary to describe existing conditions and the proposed project, to determine the level of environmental review pursuant to CEQA, and clearance as required pursuant to the Yolo Habitat Conservation/Natural Community Conservation Plan.

3. Availability of Application Materials. All application materials submitted to the City shall become the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine a planning application and materials submitted in support of, or in opposition to, an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C. Multiple Applications.

1. Concurrent Filing. Unless otherwise approved by the Director, an applicant for a project which requires more than one planning permit (e.g., a Conditional Use Permit and Development Review) and/or legislative entitlement (e.g., a General Plan amendment or an amendment to the Zoning Map or Code text) shall file all related applications concurrently together with all application fees.

2. Concurrent Processing. Multiple planning permits and or legislative entitlements for the same project shall be processed concurrently and shall be approved by the highest Review Authority for any of the permits or legislative entitlements, with the lower Review Authority making a

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§ 17.96.020 WOODLAND CODE § 17.96.040

recommendation.

D. Application Fees.

1. Fee Schedule. The City Council shall establish by resolution a Planning Application Permit Fee Schedule that establishes fees for planning permits, informational materials, penalties, copying, and other customary services. The City shall also establish the ability for payment of fees through an advanced funding deposit cost recovery method for those projects that may be more complex, involve outside consultant work, or require additional staff or City Attorney time. The initial deposit and minimum balance will be based upon anticipated work and/or estimated consultant costs.

2. Fee Payment. No application or covenant shall be accepted as complete and processed without payment in full of the required application fees or deposits.

3. Multiple Applications. The City's processing fees are cumulative. For example, if an application for a Conditional Use Permit also includes a Development Review, both fees shall be charged.

Cost savings may be incurred due to similar documents being prepared for a single project, such as CEQA review, should applications be filed simultaneously.

4. Refund of Fees. Application fees are nonrefundable unless otherwise provided for in the Woodland Municipal Code, per funding agreement, or as determined by the Director with good cause. Once an application has been accepted and a review initiated, a partial refund may be considered, and is dependent upon the amount of staff time or work on the application.

§ 17.96.030. Pre-Application Review.

Pre-application review is an optional review process to be conducted prior to submittal of a planning application that is intended to provide information on relevant policies, zoning regulations, and procedures.

A. Exemption from Permit Streamlining Act. Pre-application review shall not be considered completeness review and is not subject to the requirements of the California Permit Streamlining Act § 65920.

B. Review Procedures. A prospective applicant may submit a pre -application submittal, including a preliminary project description, preliminary plans, and designs to the department. The department shall conduct pre -application review and inform the applicant of applicable City requirements, provide a preliminary list of issues for consideration, and may suggest possible alternatives or modifications to the project prior to formal application submittal. The Director may consult with or request review by other City departments or agencies that may have interest in the application. The initial review is a courtesy review; however, the Director may charge for additional iterations or reviews.

C. Recommendations are Advisory. Neither the pre -application review nor the provision of information and/or pertinent policies shall be construed as being either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.

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§ 17.96.040. Determination of Similar Use.

Each zone establishes a list of primary uses and accessory uses which are permitted, permitted with a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), or permitted with a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). Occasionally, uses may be proposed which are not specifically listed in the Use Tables of Division II, Zone Regulations. This section provides procedures that shall be observed when an unlisted use is proposed in a zone. A use determined to be similar shall apply to the zone uniformly regardless of location.

A. Director. The Director may administratively determine that the proposed uses are similar to those of the appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purposes of the zone and General Plan. The Director's determination of similar use may be appealed to the Planning Commission pursuant to the provisions of § 17.96.160, Appeals.

B. Planning Commission. The Planning Commission's determination of similar use may be appealed to the City Council pursuant to the provisions of § 17.96.160, Appeals.

§ 17.96.050. Review of Planning Applications.

A. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. The requirements below shall apply unless otherwise required by law.

B. Incomplete Application.

1. If an application is deemed incomplete, the Director shall provide a written notification to the applicant with a listing of information necessary to complete the application. The listing shall be exhaustive and based upon a City checklist.

2. Upon submittal of additional requested materials, the Director shall make a new determination and notify the applicant in writing as to whether the application is complete within 30 days of the date the additional materials are received by the City.

3. The applicant shall provide the requested information within 180 days of the letter of notification stating that an application is determined to be incomplete. The Director may, upon written request, and for good cause, grant one extension of up to 90 calendar days for review of applications imposed by this Zoning Code.

C. Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the proposed project includes the correction of the violations or the violation is a legal nonconformity as described in Chapter 17.80, Nonconforming Provisions.

D. Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director.

E. Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of § 17.96.160, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.

F. Expiration of Application. If an applicant fails to correct the specified deficiencies and/or submit the information identified on the written notification of an application that is determined to be

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incomplete within the specified time limit, the application shall expire and be deemed withdrawn.

After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees. Partial refund of fees may be allowed based on the extent of the work conducted as described in § 17.96.020.D.4, Refund of Fees.

G. Complete Application. In compliance with the California Permit Streamlining Act § 65920, when a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application.

1. Once an application has been accepted as complete, the City may request that the applicant clarify, amplify, correct, or otherwise supplement the information required for the application.

2. This shall not limit the City's ability to request and obtain information which may be needed in order to comply with the California Public Resources Code pertaining to the CEQA.

H. Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code, State or Federal law, any application filed in compliance with this Zoning Code may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed land use project for review and comment on the application.

§ 17.96.060. Environmental Review.

All projects must be reviewed for compliance with the CEQA. Environmental review will be conducted pursuant to the California Code of Regulations, Title 14, Division 6, Guidelines for the Implementation of the California Environmental Quality Act. If Title 14 of the California Code of Regulations is amended, the amendments will govern City procedures.

§ 17.96.070. Neighborhood Meeting.

A. Purpose. The purpose of the neighborhood meeting is to acquaint the neighborhood with the proposed project application and to receive public comments and is particularly helpful when there may be potential controversy.

B. Timing. The Director may require the applicant to hold a neighborhood meeting after submittal of an application if it is determined during the course of project review that there may be issues or considerations that would be best discussed with the neighborhood.

C. Notice. Notice of the meeting shall be mailed by first class mail, a minimum of 10 days prior to the meeting date, to every owner whose name and address appears on the last equalized County Assessment Roll for any property within 300 feet of the exterior boundaries of the subject property.

The Director may increase the notice radius requirement depending on the nature and type of project proposal.

D. Posting. Depending on the nature and type of the project, the Director may require the applicant to post notice of the neighborhood meeting on the site. The notice shall be at least 11 inches wide by 17 inches high in size, in a form acceptable to the City.

E. Meeting Location, Date and Time. The meeting shall be held at a location acceptable to the Director. The meeting shall not be held on a Friday or Sunday or on any holiday, or other days of celebration as determined by the Director. The meeting time shall be at a generally acceptable time

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when the majority of neighbors are able to attend, typically in the evening after 6:00 p.m.

§ 17.96.080. Public Notice.

Unless otherwise specified, whenever public notice is required, the City shall provide notice in compliance with State law.

A. Mailed Notice. At least 10 days before the date of a scheduled public hearing the Director (or the City Clerk for City Council meetings) shall provide notice by First Class mail delivery to the following:

1. The applicant, the owner, and any occupant of the subject property;

2. All property owners of record within a minimum 300 -foot radius of the subject property as shown on the latest available assessment role, or a larger radius if deemed necessary by the Director in order to provide adequate public notification;

3. All neighborhood groups and community organizations that have previously filed a written request for public hearing notices for projects in the area where the site is located; and

4. Any person or group who has filed a written request for notice regarding the specific application.

B. Alternative Method for Large Mailings. If the number of owners to whom public hearing notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide public notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing.

C. Posted Notice.

1. At the discretion of the Director, or as otherwise may be required in this Zoning Code or State law, a notice shall be posted in a format approved by the department. The applicant shall post a public notice on the subject property in compliance with the following requirements:
a. The public notice shall be posted at least 10 days prior to the public hearing or action; b. At least Oone notice per street shall be displayed on each pu blic street frontage shall be posted or affixed to the property in question in a visible locationof the subject property; c. The City shall prepare the notice;
d. The applicant shall submit a signed letter stating that they posted or caused the notice to be posted along with photographic verification;
e. The notice shall contain the information as required in subsection E, Contents of Public NoticeF, Failure to Notify Individual Properties; and f. The notice shall be a minimum of 11 inches wide by 17 inches high and laminated (or another size as may be required for a specific permit or by the Director). f.g. The notice shall be removed within 15 days after the public hearing.

D. Newspaper Public Notice. At least 10 days before the date of the public hearing the Director (or the City Clerk for City Council meetings) shall publish a notice in at least one newspaper of general

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circulation in the City.

E. Contents of Public Notice. Public hearing notices shall include the following information:

1. Project location, when the application is proposed on real property;

2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing, or the date of when action will occur if a public hearing is not required;

4. The Review Authority;

5. The name(s) of the project applicant and the property owner;

6. The location and availability of the project application and materials for review by the public;

7. A statement that any interested person or authorized agent may appear at the hearing and be heard;

8. A statement describing how to submit written comments; and

9. For City Council hearings, the Planning Commission's recommendation.

F. Failure to Notify Individual Properties. The validity of the proceedings will not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

G. Optional Notice Methods. The Director may require additional noticing of public hearings. Projects that may be considered for optional public noticing methods include those that may result in major policy changes, affect large neighborhoods or districts, or that may have strong public interest.

1. Internet Postings. Social media platforms available on the Internet may be used to augment traditional forms of public noticing.
a. Notice shall be given on the City’s webpage.
b. Alternative online postings including, but not limited to social media are encouraged at the discretion of the Director.

2. Supplemental Large Sign Notice. A supplemental large sign may be used to notice neighbors in the affected area and the community early in the review process. If determined appropriate by the Director, the applicant shall install the sign as directed. a. The sign must be at least four feet by eight feet in size. b. The sign shall be located in a position most visible to the public, but shall not block the visibility triangle. The location for the sign shall be determined by the Director. c. All signs shall be kept adequately maintained and remain in place until the final determination on the application has been made, or the application is withdrawn. c.d. The sign shall be removed within 15 days after the public hearing.

§ 17.96.090. Conduct of Public Hearing.

Whenever the provisions of this Zoning Code require a public hearing, the hearing must be conducted in compliance with the requirements of State law, and as follows:

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A. Generally. Public hearings must be conducted pursuant to procedures adopted by the hearing body.

Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

B. Scheduling. Public hearings before the City Council must be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.

C. Presentation. An applicant or an applicant's representative may make a presentation on a proposed project.

D. Public Hearing Testimony. Any person may appear at a public hearing and submit oral and/or written testimony, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E. Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F. Continuance of Public Hearing. The hearing body may by motion continue the public hearing to a fixed date, time, and place, or may continue the item to an undetermined date.

G. Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the Review Authority.

H. Decision. The public hearing shall be closed before a decision is made by the hearing body.

§ 17.96.100. Findings and Decision.

When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Zoning Code, the Review Authority shall issue a Notice of Action and make findings of fact as required in this Zoning Code.

A. Notice of Action. After a final decision is made by the Review Authority, to approve, modify, or deny an application, the Director shall issue a Notice of Action or Resolution. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The notice shall be documented in writing and sent to the applicant within 10 days at the mailing or email address stated in the application and to any other person or entity requesting the notification in writing. The notification shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision.

B. Findings. Findings, when required by State law or this Zoning Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

§ 17.96.110. Scope of Approvals.

A. Scope. An approval permits only those uses and activities actually proposed in the application and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

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§ 17.96.110 WOODLAND CODE § 17.96.130

B. Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed to be conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with permit's plans and conditions in all respects.

C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Zoning Code or require additional permits, then resubmittal of a new application is required.

D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

§ 17.96.120. Authority to Apply Conditions of Approval.

In considering an application for a permit or other discretionary approval authorized by this Zoning Code, final Review Authorities may require changes to applications and impose conditions of approval in order to effect the policies of the General Plan and the purpose of this Zoning Code. Conditions of approval, which may include dedication of land, installation of specific improvements, size, design and placement of buildings or structures, landscaping, and limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the permit or other discretionary approval is requested.

§ 17.96.130. Expiration and Extension.

A. Expiration. A final decision on an application for any approval subject to appeal will become effective after the expiration of the appeal period as stipulated in § 17.96.160, Appeals, following the date of action, unless an appeal is filed in compliance with § 17.96.160, Appeals. Permits and project approvals will lapse and become void one year after the approval date unless the entitlement/permit is exercised or a greater time period is granted by the Review Authority, or unless any of the following occurs:

1. Extension for a Permit with no Tentative Map. A time extension of one year beyond the initial approval period may be requested by applying to the Director at least 30 days prior to the expiration date of the permit. In no case shall the expiration date extend more than four years from the date of final approval. After that time, a new application shall be required. In order to grant the extension the Director shall find that:
a. The permit holder has clearly documented that they have made a good faith effort to commence work upon the use;
b. It is in the best interests of the City to extend the permit; and c. There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the CEQA.

2. Extension for a Permit Granted in Conjunction with a Tentative Map. The time limits for any

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§ 17.96.130 ZONING § 17.96.150

permit granted in conjunction with an approved Tentative Map shall be automatically extended to be the same as the term of the map.

B. Exercise of a Use Permit. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site in accordance with applicable conditions of approval.

C. Exercise of a Building Permit. A Building Permit is exercised when a valid City grading or Building Permit is secured and physical construction lawfully commenced, in accordance with applicable conditions of approval and all required habitat or biological requirements have been met. See § 17.100.130, Building Permit.

D. Expiration of Grading or Building Permit. If, upon expiration of the permit or approval, construction is not diligently pursued to completion, the permits and approvals will expire. A time extension based on circumstances beyond the applicant's control may be considered. Should a Grading Permit or Building Permit expire, a new entitlement shall be required. See § 17.100.130, Building Permit.

§ 17.96.140. Modifications to an Approved Permit.

No modifications in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised in compliance with this chapter.

A. Minor Revisions. The Director may approve minor revisions to approved plans, permits, and conditions of approval if the requested changes will not substantially expand the approved floor area, and/or intensify any potentially detrimental effects of the project and the resulting revisions are substantially consistent with the original findings and intent of the approved design, use or permit.

B. Major Revisions. A request for revisions to approved plans, conditions of approval of a discretionary permit, and/or revisions to an approved site plan or building plan that would intensify a use or potential negative impact of the project, must be treated as a new application, and shall be decided on by the same Review Authority as the original approved permit.

§ 17.96.150. Revocation of Permits.

Any permit granted under this chapter may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, Director, or Zoning Administrator.

B. Public Hearing Notice, Hearings, and Action. A public hearing notice of a revocation preceding shall be noticed in accordance with § 17.96.080, Public Notice. After conducting a public hearing, the Planning Commission, or City Council where they were the original approval authority, must act on the proposed revocation.

C. Required Findings. The Planning Commission or City Council may revoke or modify the permit if it makes any of the following findings:

1. a. The approval was obtained by means of fraud or misrepresentation of a material fact;

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§ 17.96.150 WOODLAND CODE § 17.96.160

b. The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or substantially changed in character; c. The use has ceased to exist or has been suspended for one year; d. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this chapter, or any applicable local or State law or regulation; or
e. The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.

2. Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Director must issue a Notice of Action within 10 days. The Notice of Action must describe the Planning Commission's or City Council's action and findings. The Director must mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

§ 17.96.160. Appeals.

A. Applicability. This section allows for appeal of discretionary actions by the Planning Commission, Zoning Administrator, or Director in the administration or enforcement of the provisions of the Zoning Code.

B. Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director.

C. Decisions of the Zoning Administrator. The Planning Commission is the appeal body for decisions of the Zoning Administrator.

D. Decisions of the Planning Commission. The City Council is the appeal body for decisions of the Planning Commission.

E. Rights of Appeal. Appeals may be filed by an applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of this chapter.

F. Time Limits. Unless otherwise specified in state or Federal law, all appeals shall be filed in writing within 10 calendar days of the date when the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

G. Standards of Review. When reviewing any decision on appeal, the appeal body shall consider the appeal de novo and must use the same standards for decision -making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

H. Procedures. The appeal filing must identify the decision being appealed and must clearly and concisely state the reasons for the appeal. The appeal must be accompanied by the required fee. The Director may waive fees for appeals filed by members of the City Council and the Planning Commission, the City Manager.

I. Proceedings Stayed by Appeal. The timely filing of an appeal stays all proceedings in the matter appealed, including the issuance of City Building Permits (see § 17.100.130, Building Permit) and

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§ 17.96.160 ZONING § 17.96.170

business licenses.

J. Transmission of Record.

1. Decisions of the Director and of the Zoning Administrator. The Director must schedule the appeal for consideration by the Planning Commission within 45 days of the date the appeal is filed. The Director must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the Planning Commission. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

2. Decisions of the Planning Commission. The City Clerk must schedule the appeal for consideration by the City Council within 45 days of the date the appeal is filed. The City Clerk must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the City Council. The Director must also prepare a staff report with a Continuation of Appeal section that responds to the issues raised by the appeal and may include a recommendation for action.

3. Public Hearing Notice and Hearing. A public hearing notice must be provided pursuant to § 17.96.080, Public Notice, and a public hearing must be conducted pursuant to § 17.96.090, Conduct of Public Hearing. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice.

4. Action. An action to grant an appeal requires a majority vote of the members of the appeal. A tie vote will have the effect of denying the appeal.

§ 17.96.170. Certificates of Occupancy.

A. Purpose. This section establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land complies with all applicable building and health laws and ordinances and with the requirements of this Zoning Code.

B. Certificate of Occupancy Required. No structure erected, moved, altered, or enlarged after the effective date of this Zoning Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official.

C. Application. Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

D. Issuance. The Building Official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection; provided, that the structure or site and the intended use conform with all applicable building and health laws and ordinances and with the requirements of this Zoning Code.

City of Woodland, CA
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CHAPTER 17.100

PLANNING PERMITS AND APPROVALS

§ 17.100.010. Purpose.

This chapter establishes the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements regulated by this Zoning Code.

§ 17.100.020. Planning Permits and Approvals.

The Director shall coordinate the review for all planning permit applications for new uses and development. Table 17.100.020-1: Planning Processes/Permits and Review Authority, identifies the types of planning permits authorized by this Zoning Code, and the Review Authority responsible for reviewing and making decisions on each type of planning application. For an appeal, public noticing is required if public noticing was required for the initial review. If public noticing was not required for the initial review, public review may be required for the appeal at the discretion of the Director.

Table 17.100.020-1: Planning Processes/Permits and Review Authority

Permit Type

Advisory Body
Review
Authority

Hearing

Public Notice

Appeal Authority
Administrative (Ministerial) Actions
Determination of Public
Convenience or Necessity (PCN)
(See § 17.84.060, Alcoholic
Beverage Sales)
Staff Director
1 No No Planning
Commission
Zoning Clearance Staff Director No No Planning
Commission
Interpretations/Zoning inquiry/
Determinations
Staff Director No No Planning
Commission
Pre-Application Review Staff n/a No No n/a
Temporary Use Permit Staff Director If CEQA required
or referral
If CEQA required
or referral
Planning
Commission
Development Review Tier 1:

Minor
Staff Director No No Planning
Commission
Development Review Tier 2:

Major
Staff Director No No Planning
Commission
Sign Permit, Permanent Sign Staff Director No No Planning Commission
Modification to an Approved
Discretionary or Administrative
Permit, Minor
Staff Director No No Planning
Commission
Minor Modification Staff Director No No Planning
Commission

City of Woodland, CA
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Advisory Body
Review
Authority
Hearing
Public Notice
§ 17.100.020 ZONING § 17.100.020

Table 17.100.020-1: Planning Processes/Permits and Review Authority

Permit Type Appeal Authority

Discretionary Actions
Appeals Director Planning
Commission
Yes Yes Planning
Commission
Conditional Use Permit Director Planning
Commission
Yes Yes Planning
Commission
Development Review Tier 3 Director Zoning
Administrator or
Planning
Commission
If requested Yes Zoning
Administrator or
Planning
Commission
Zoning Administrator Permit Staff Zoning
Administrator
If requested Yes Zoning
Administrator
Modification to an Approved
Discretionary Permit, Major
Director Review Authority
of original permit
Same as original
permit
Same as original
permit
Review Authority
of original permit
Variance Director Zoning
Administrator
Yes Yes Zoning
Administrator
Revocation of Permit Director Review Authority
of Original Permit
Yes Yes Review Authority
of Original Permit
General Plan Text and Map
Amendments
Planning
Commission
City Council Yes Yes City Council
Zoning Text and Map
Amendments
Planning
Commission
City Council Yes Yes City Council
Planned Development Planning
Commission
City Council Yes Yes City Council
Development Agreements Planning
Commission
City Council Yes Yes City Council
Reasonable Accommodation for
Persons with Disabilities
Staff Director No No Director
Master Sign Program Staff Director No No Director
Public Art (See § 17.64.040,
Public Art)
Director Review Authority
of original permit
Same as original
permit
No Review Authority
of original permit
Demolition Permit Subject to
Woodland Municipal Code
Chapter 15.24, Historical
Landmarks, Districts and
Resources
Director Planning
Commission
Yes Yes Planning
Commission

City of Woodland, CA
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Note:

1 Unless a CUP is required, in which case refer to Conditional Use Permit in this table. § 17.100.020 WOODLAND CODE § 17.100.040

§ 17.100.030. Zoning Clearance.

A. Purpose. This section establishes procedures for conducting a zoning or use clearance to verify that each new, modified or expanded use, activity, building, or structure complies with any applicable policies or standards of the General Plan, all of the applicable provisions of this Zoning Code, and any operative plans or conditions of approval the City has granted previously.

B. Applicability. A Zoning Clearance is required for buildings or structures erected, constructed, altered, repaired, or moved, the use of vacant land, changes in the character of the use of land or a building or structure, or for substantial expansions in the use. Zoning Clearance is conducted as part of the Building Permit (see § 17.100.130, Building Permit) or other City application review and is required to confirm that the establishment of a new use is permitted as a matter of right and that no other entitlements are required prior to securing a tax certificate; issuance of a Grading Permit, Building Permit, or Sign Permit; and commencing operations. Zoning Clearance is required for the following actions:

1. All buildings or structures that require a Building Permit;

2. Signs;

3. Business licenses;

4. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and

5. All other City applications that may be subject to the provisions of this Zoning Code, including, but not limited to, tree removal, encroachment, and grading and improvement plans.

C. Zoning Clearance Application. No separate application form is necessary for Zoning Clearance.

D. Review Authority. The Director shall be the designated approving authority for Zoning Clearance.

E. Clearance Determination Requirements. The Director may request that the Zoning Clearance determination request be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed use, development, or alteration of the site complies with all applicable provisions of this Zoning Code. The Director may require attachments of other written or graphic information, including a site plan.

F. Determination. Zoning Clearance shall be granted if the Director determines that the proposed use, building, or structure is allowed as a matter of right by this Zoning Code and conforms to all the applicable development and use standards of this Zoning Code, Development Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied. An approved Zoning Clearance may include attachments or other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Zoning Code.

City of Woodland, CA
§ 17.100.040 ZONING § 17.100.040
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§ 17.100.040. Development Review Process.

A. Purpose. The Development Review procedure is established to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines and is in compliance with applicable provisions of the Zoning Code. The specific purposes of development review are to:

1. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

2. Ensure that new and modified uses and development will be compatible with the existing and potential development in the area;

3. Ensure the preservation of natural landforms and existing vegetation;

4. Protect historic resources and ensure compatibility with historic districts or adjacent resources; and

5. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

B. Applicability. Development Review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or landscaping or parking area except for:

1. Projects where there is no exterior building or site modifications, including openings, or where replacement of exterior materials are with the same materials;

2. Additions, construction, reconstruction, alterations, improvements, and landscaping that are consistent with previously approved entitlement and development review approval; and/or

3. Single family and duplex landscaping unless part of a residential subdivision approval. (See also the Woodland Municipal Code Section 12.48.130, Tree preservation of established trees, heritage oak trees, specimen trees and landmark trees as part of development projects or on vacant/undeveloped commercial and residential property.) C. Assignment of Development Review Responsibilities.

1. The Director is the Review Authority for Development Review Tiers 1 (see § 17.100.050, Development Review Tier 1) and 2 (see § 17.100.060, Development Review Tier 2).

2. The Director may refer Tier 2 applications directly to the Planning Commission when it is determined the public interest would be better served by the Planning Commission conducting the development review.

3. Either the Zoning Administrator or Planning Commission shall have development review authority for those Tier 3 Development Review applications that are combined with projects requiring discretionary entitlement approval by the Zoning Administrator (such as Zoning Administrator Permit or Minor Exception) or Planning Commission (such as Conditional Use Permit, Variance, Planned Development, or projects where Development Review is referred to the Planning Commission for review).

D. Procedures.

City of Woodland, CA
§ 17.100.040 WOODLAND CODE § 17.100.040
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1. Application. A qualified applicant shall submit an application for Development Review on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

2. Design Standards. All projects shall be consistent with the applicable design standards and guidelines, which are intended to promote high -quality design, well -crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

E. Development Review Considerations. Development review shall be based on application of the requirements of this Zoning Code applied to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including, but not limited to:

1. Building proportions, massing, and architectural details;

2. Site design, orientation, location, and architectural design of buildings relative to the public way, existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

3. Size, location, design, development, and arrangement of on-site parking and other paved areas;

4. Pedestrian, bike, and transit connections and facilities;

5. Exterior materials and, except in the case of the review of a single -family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

6. Height, materials, design, fences, walls, and screen plantings;

7. Location and type of landscaping including selection and size of plant materials, and design of hardscape;

8. Size, location, design, color, lighting, and materials of all signs; and

9. Sustainable design, heat resilience, and consistency with the City's Climate Action Plan goals and policies.

F. Findings. The Review Authority must make the following findings in order to approve Development Review for a project subject to administrative or discretionary approval:

1. The project is in conformance with the General Plan and Zoning Code;

2. The project is in conformance with applicable design and development standards;

3. If discretionary, the project is categorically exempt under or consistent with CEQA or other applicable environmental documents have been certified as complete and adequate;

4. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be in place;

5. The project is consistent with or enhances the surrounding neighborhood, existing site improvements, quality, and safety;

6. The project design is appropriate to the function of the project and the project's operating characteristics minimize potential negative impacts and land use conflicts; and

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§ 17.100.040 ZONING § 17.100.060
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7. The project will not be detrimental to the public health, safety, and general welfare.

§ 17.100.050. Development Review Tier 1.

A. Purpose. Development Review Tier 1 provides a staff -level administrative review process.

Development Review Tier 1 is intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms and existing vegetation as identified below.

B. Applicability.

1. Development Review Tier 1 applies to the following uses and improvements; similar uses and improvements; and uses and improvements indicated throughout this Zoning Code as requiring Development Review Tier 1:
a. New single-unit or duplex residential project.
b. Small additions, gates installed in driveways, expanded, or updated landscape areas, remodels, and accessory structures less than 1,200 gross square feet in mixed -use, commercial, or employment zones.
c. Accessory dwelling units over 800 square feet gross floor area up to 1,000 square feet, subject to § 17.84.030.E.3, ADU Permit Review.
d. Accessory structures (not dwelling units) larger than 120 square feet but less than 800 square feet gross floor area or over 12 feet in height in residential zones. e. Façade improvements or site alterations that are not visible from the right -of-way or that are up to 500 square feet in gross floor area. This includes exterior materials and, except in the case of development review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development. f. Exceptions to fence standards as provided in § 17.64.030.D, Fence, Wall and Hedge Height and Placement.
g. Modifications to existing landscaping or parking lots for existing commercial, multifamily, mixed-use, or employment projects that do not disturb existing trees. h. Other development improvements presenting similar impacts as determined by the Director.
i. Nonstructural modifications (e.g., paint, in -kind window replacement, awnings) to buildings within the National Register Historic Downtown District or to designated historical resources outside of the Historic District.
i.j. Stand-alone tree plan review.

2. The Director may waive the requirement for projects subject to Development Review Tier 1 when the project does not involve exterior building or site modifications, and/or when it can be determined that the modifications would be consistent with the previously approved entitlement for the site or use.

§ 17.100.060. Development Review Tier 2.

A. Purpose. Development Review Tier 2 provides a staff level administrative review process for

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City of Woodland, CA
§ 17.100.060 WOODLAND CODE § 17.100.070

projects that are permitted but are more complex or larger in scope and scale than Tier 1 projects, that are visible from public view, or that may significantly change the design of the original structure or landscaping.

B. Applicability.

1. Development Review Tier 2 applies to projects that possess locational, structural, historic, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Zoning Code as requiring Development Review Tier 2:
a. New nonresidential buildings;
b. Exterior modifications or site alterations for nonresidential buildings and structures, visible from the right-of-way and/or over 500 square feet in gross floor area; c. New residential projects over two units, including small lot subdivisions; d. The exterior remodel of multifamily residential buildings or structures; e. New landscaping, or significantly revised (greater than 60%) existing commercial, industrial, or multifamily landscaping, including the potential removal of existing trees; f. Accessory structures (not dwelling units) over 800 gross square feet in floor area or over 12 feet in height in residential zones and accessory structures over 1,200 gross square feet in floor area in mixed-use, commercial, or employment zones; and g. Projects previously reviewed under an entitlement process that requires staff level review of the site and architectural design.

2. The Director may refer a Tier 2 Development Review application to the Planning Commission to act as the approval body (no public notice as required by § 17.96.080, Public Notice) when in their opinion the public interest would be better served by having the Planning Commission conduct the Development Review.

§ 17.100.070. Development Review Tier 3.

A. Purpose. Development Review Tier 3 provides a discretionary review process for those projects that are complex in nature, or that may have a concurrent discretionary entitlement review or impact a potentially significant historic resource. Development Review Tier 3 is also intended to promote attractive, compatible architectural design, protect views, and preserve natural landforms, historic resources, and existing vegetation.

B. Applicability. Development Review Tier 3 applies to those projects that are complex in nature and that may have a concurrent discretionary entitlement review or which impact a potentially significant historic resource as well as projects that possess locational, structural, traffic, or operating characteristics requiring special consideration in order to ensure compatibility with neighboring properties. This includes the following projects; similar projects; and projects indicated throughout this Zoning Code as requiring Development Review Tier 3:

1. Projects referred from the Director which will be reviewed administratively by the Review Authority and not as a discretionary entitlement review;

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City of Woodland, CA
§ 17.100.070 ZONING § 17.100.080

2. Projects where conditions of approval require the Zoning Administrator or Planning Commission to be the Review Authority;

3. Concurrent processing of projects that require a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), Conditional Use Permit (see § 17.100.100, Conditional Use Permit), Variance (see § 17.100.120, Variance), or any other discretionary approval;

4. Accessory dwelling units between 1,000 and 1,200 square feet, subject to § 17.84.030.E.6, ADUs and Discretionary Approval.

5. New buildings, demolitions, or structural modifications to buildings in the National Register Historic District, or modification, alteration, or demolition of a designated historic resource outside of a Historic District.

C. Conditions of Approval. The Approval Authority may approve, approve with conditions, or deny an application for a Development Review Tier 3 Permit.

§ 17.100.080. Temporary Use Permit.

A. Purpose. A Temporary Use Permit (TUP) provides a process for the review and approval of certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses.

B. Applicability.

1. A Temporary Use Permit is required for any temporary uses that are not otherwise permitted in the base zone regulations.

2. A Temporary Use Permit is required for temporary uses as described in § 17.84.370, Temporary Uses.

3. If the Director determines that a temporary use is likely to result in significant environmental impacts the Temporary Use Permit shall be processed as a Zoning Administrator Permit application pursuant to § 17.100.090, Zoning Administrator Permit or a Conditional Use Permit application, pursuant to § 17.100.100, Conditional Use Permit.

C. Review Authority. The Director shall approve, conditionally approve, or deny applications for Temporary Use Permits. The Director may refer a Temporary Use Permit to the Planning Commission if the Director finds that the temporary use may have substantial potential effects that warrant additional public notification and review.

D. Temporary Use Permit Application Requirements. A qualified applicant shall submit an application for a Temporary Use Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. An application must be submitted at least 30 days before the temporary use is intended to begin.

E. Duration of Temporary Use Permit.

1. Time limits for temporary uses are prescribed in § 17.84.370, Temporary Uses.

2. Unless otherwise stipulated in this Zoning Code, the Director shall determine the duration of the temporary use.

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City of Woodland, CA
§ 17.100.080 WOODLAND CODE § 17.100.090

F. Findings. The Director may approve an application for a Temporary Use Permit upon making the following findings.

1. The proposed temporary use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;

2. The proposed temporary use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use; and

3. The proposed temporary use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.

G. Operating Requirements. The Director may approve, approve with operating requirements, or deny an application for a Temporary Use Permit.

§ 17.100.090. Zoning Administrator Permit.

A. Purpose. A Zoning Administrator Permit (ZAP) provides a process for the review of uses that generally meet the purposes of the applicable district but which require special consideration in their design or operation to ensure compatibility with surrounding uses. The Zoning Administrator Permit review is a discretionary action that may require CEQA review and/or other mitigation, habitat mitigation, and the application of critical conditions of approval. The purpose of a Zoning Administrator Permit is also to:

1. Consider the relationship of the use or project to the neighborhood and community as a whole;

2. Determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;

3. Consider the compatibility of the proposed use with the site's characteristics;

4. Evaluate the adequacy of services and facilities for the proposed use;

5. Provide an opportunity for public review and comment on the proposed use when appropriate;

6. Allow for consideration of requested exceptions from required design standards;

7. Ensure State CEQA, biological, cultural, and other critical reviews are conducted as needed; and

8. Identify and apply conditions and requirements necessary to comply with the basic purposes of this Zoning Code, the General Plan, and any applicable plans or regulations.

B. Applicability. A Zoning Administrator Permit applies to the uses and activities identified in Division II, Zone Regulations.

C. Zoning Administrator Permit Application Requirements. A qualified applicant shall submit an application for a Zoning Administrator Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

D. Public Notice and Hearings.

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1. A public notice shall be mailed in compliance with § 17.96.080, Public Notice, and/or the Director may require the site to be posted with a notice consistent with the requirements provided in § 17.96.080.C, Posted Notice.

2. If no significant comments or concerns are received the item will be acted on by the Zoning Administrator. If public comment, concerns, or issues are received, a public hearing shall be scheduled, the Director shall prepare a staff report, and the Zoning Administrator shall hold a public hearing with appropriate public notice, prior to final action on the application.

E. Conditions of Approval. The Zoning Administrator may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.

F. Approval Applies to Land. Any Zoning Administrator Permit approval shall run with the land and shall continue to be valid for the time period specified, whether or not there is a change of ownership of the site or structure to which it applies. Zoning Administrator Permit approval cannot be transferred to another site.

G. Referral to Planning Commission. The Zoning Administrator may refer a Zoning Administrator Permit application to the Planning Commission. Such referral shall be at the discretion of the Zoning Administrator and shall be dependent upon policy implications, unique or unusual circumstances, adjacency to sensitive uses, the magnitude of the project, the need for certification of an environmental document, or other factors determined by the Zoning Administrator to warrant Planning Commission review.

H. Findings. The Zoning Administrator may approve or conditionally approve a Zoning Administrator Permit if the following findings can be made:

1. The proposed use is consistent with the General Plan;

2. The proposed use is consistent with the purposes of the Zoning Code, and the purposes of the applicable zone;

3. The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;

4. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and

6. The proposed project has been reviewed in compliance with CEQA.

§ 17.100.100. Conditional Use Permit.

A. Purpose. A Conditional Use Permit (CUP) provides a public review process for discretionary review of proposed uses and activities that require special consideration by the Planning Commission to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community. This discretionary review process is intended to ensure land use compatibility and mitigate potential impacts or conflicts that could

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otherwise result from the proposed use. A Conditional Use Permit also serves the following purposes:

1. To consider the relationship of the use or project to the neighborhood and community as a whole;

2. To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area;

3. To consider the compatibility of the proposed use with the site's characteristics;

4. To evaluate the adequacy of services and facilities for the proposed use;

5. To provide an opportunity for public review and comment on the proposed use; and

6. To identify conditions and requirements necessary to comply with the basic purposes of this Zoning Code, the General Plan, and any applicable plans or regulations.

B. Applicability. A Conditional Use Permit applies to the uses and activities identified in Division II, Zone Regulations.

C. Conditional Use Permit Application Requirements. A qualified applicant shall submit an application for a Conditional Use Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

D. Public Notice and Hearing. A public hearing notice shall be mailed in compliance with § 17.96.080, Public Notices. The applicant shall be responsible for posting the site consistent with a format provided by the City and shall provide verification of such posting. A public hearing will be scheduled prior to final action on the application.

E. Conditions of Approval. The Planning Commission may apply reasonable conditions of approval to assure compliance with applicable regulations and standards.

F. Approval Applies to Land. Any Conditional Use Permit approval shall run with the land and be valid, whether or not there is a change of ownership of the site or structure to which it applies.

Conditional Use Permit approval cannot be transferred to another site.

G. Modification. A requested modification to an approved Conditional Use Permit may be considered by the Director or final Review Authority consistent with § 17.96.140, Modifications to an Approved Permit.

H. Findings. The Planning Commission may approve or conditionally approve a Conditional Use Permit if the following findings can be made:

1. The proposed use is consistent with the General Plan;

2. The proposed use is consistent with the purposes of the Zoning Code, and the purposes of the applicable zone;

3. The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints;

4. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity including transportation and service facilities;

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5. Granting the Conditional Use Permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and

6. The proposed project has been reviewed in compliance with CEQA.

§ 17.100.110. Minor Modification.

A. Purpose. The purpose for a Minor Modification is to establish a means of granting relief from the requirements of this Zoning Code when doing so would be consistent with the purposes of the Zoning Code. It allows the Director, or appropriate Review Authority if combined with other permit requests, to grant minor modifications to the development standards provided in Table 17.100.110-1: Types of Minor Modifications.

B. Applicability. A Minor Modification applies only to the modifications identified in Table

17.100.110-1: Types of Minor Modifications, from the requirements of this Zoning Code.

Table 17.100.110-1: Types of Minor Modifications
Types of Minor Modifications Maximum Modification
An increase in lot coverage 10%
Lot area, width, or depth 10% (applicable on an individual lot, or to an overall subdivision)
A reduction of a designated setback 15%
An increase in allowable building height 15%
Reduction in required open space on a lot 10%
An increase of the allowed maximum height of a fence or wall located within a designated setback area
10%
Where a majority of lots are developed with single-
family residences with nonconforming setbacks, new
buildings or structures may conform to the pattern
established by the majority of the existing buildings or structures in the same block. This is most likely to occur in older historic neighborhoods
Determined on a case-by-case basis
To encourage the development of housing units for
disabled persons with limited mobility, the Director may allow deviation from the prescribed standards of this
Zoning Code and where necessary to install features that facilitate access and mobility for disabled persons
Determined on a case-by-case basis
Deviation from Building and Site Design Standards for
those situations where a project is requesting exception from objective standards
Determined on a case-by-case basis

C. Calculation of Modification. As an example, assume that the standard will be modified by 10%. If

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a site is 5,000 square feet in total area, and 20% open space of a lot area is required, a total of 1,000 square feet of open space must be provided. A 10% modification of the base standards would equate to a reduction of 100 square feet of open space (e.g., 1,000 x 10% = 100). As a result, only 900 square feet of open space would be required.

D. Minor Modification Application Requirements. A qualified applicant shall submit an application for a Minor Modification on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

E. Precedents. Each Minor Modification application shall be reviewed on an individual case -by-case basis. The approval of a Minor Modification in one situation is not relevant to the City's consideration of the approval of a Minor Modification in a new situation.

F. Procedure. The Director or Review Authority shall make the final determination on the Minor Modification application. The Director may choose to refer any application to the Planning Commission for hearing and decision.

G. Findings. The Director shall approve, with or without conditions, a Minor Modification application only after the following findings are made:

1. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances; or

2. The Minor Modification is the minimum departure from the requirements of this Zoning Code necessary to grant relief to the applicant, and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located; and

3. Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness; and

4. The deviation, as proposed and conditioned, will achieve the general purposes of this Zoning Code or the specific purposes of the zone in which the project is located.

§ 17.100.120. Variance.

A. Purpose. A Variance provides a mechanism for the Zoning Administrator to provide relief from the strict application of this Zoning Code where this will deprive the owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

B. Applicability. A Variance may be granted to vary or modify dimensional and performance standards.

A Variance may not be granted to allow new uses or a modification to the density or intensity requirements of this Zoning Code, or activities that this Zoning Code does not authorize for a specific lot or site.

C. Referral. The Zoning Administrator may refer applications directly to the Planning Commission when in their opinion, the public interest would be better served.

D. Variance Application Requirements. A qualified applicant shall submit an application for a Variance on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. In addition to other application requirements, the application for a Variance shall include data

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or other evidence showing that the requested Variance conforms to the required findings set forth in subsection G, Findings.

E. Precedents. Each Variance application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not relevant to the City's consideration of the approval of a new Variance.

F. Public Notice and Hearing. Noticing for a Variance shall be provided in compliance with § 17.96.080, Public Notice. The Zoning Administrator shall conduct a public hearing on an application for a Variance. Public hearings shall be conducted in compliance with § 17.96.090, Conduct of Public Hearings.

G. Findings. The Zoning Administrator shall approve, with or without conditions, a Variance application only after the following findings are made:

1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;

2. The special circumstances applicable to the property identified in subsection G.1, was not created by any act of the property owner (i.e., a Variance shall not be granted for a self-imposed hardship);

3. Granting the Variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;

4. Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

5. The Variance is consistent with the General Plan and any applicable Specific Plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance; and

6. The Variance is the minimum departure from the requirements of this Zoning Code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.

§ 17.100.130. Building Permit.

A. Purpose. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure or any addition to any structure, including the grading of land and the demolition of a structure, a Building Permit shall be issued by the Department.

B. Conformance with Associated Planning Entitlements. Prior to issuance of a Building Permit, site plans, elevations, construction documents, and other information provided with a Building Permit application shall be determined to substantially conform to the project plans which were approved with a Development Permit, Conditional Use Permit (see § 17.100.100, Conditional Use Permit), Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), or other entitlement for the project by the Director. Substantial inconsistencies between the Building Permit application information and approved plans, as determined by the Director, may be subject to revocation of planning permits (see § 17.96.150, Revocation of Permits) or rejection of the Building Permit application.

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C. Timing.

1. No application for a Building Permit shall be accepted within 30 days of approval of the second reading of an ordinance approving a change of zone, planned land use designation, or Code regulations that would be affected by the proposed changes.

2. Building Permits shall not be considered concurrently with entitlements unless the project has been scheduled for public hearing final action and written authorization is provided by the Director. In such instances, the applicant shall affirm in writing that the concurrent review is being done at the applicant's risk, and if the entitlement is rejected for the project, the Building Permit review shall be halted and shall not resume until all necessary entitlements are granted and new, corresponding building plans are submitted.

D. Demolition. Before any structure is demolished, the City's Historic Preservation Officer shall review the request for potential historic significance.

§ 17.100.140. Sign Permit—Permanent Signs.

A. Purpose. This section establishes the permitting requirements for permanent sign structures described in Chapter 17.72, Signs, to ensure that all permanent signs are in compliance with applicable Code standards.

B. Sign Permit Requirement.

1. It shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign or sign structure without first obtaining approval for a Sign Permit from the Director.

2. § 17.72.030, Sign Permits, describes the types of signs and modifications to signs for which a Sign Permit is not required.

C. Review and Approval.

1. Review and Determination.
a. A qualified applicant shall submit an application for a Sign Permit on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. b. The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 17.72, Signs. The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application. If the Sign Permit application is denied, the reason shall be stated in writing.
c. Where required in Chapter 17.72, Signs, an Encroachment Permit must be submitted for review and approval by the State Department of Transportation or the City Public Works Director (City Engineer) and must be obtained prior to issuance of a Sign Permit.

2. Method of Review. After receipt of a complete Sign Permit application, the Zoning Administrator shall render a decision to approve, approve with modifications, or deny the Sign Permit. This review will ensure that any sign proposal is in conformance with the requirements of Chapter 17.72, Signs, and is consistent with the City's objectives. The Director may grant slight deviations from the designated sign area or location or distance between signs, not to

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exceed 10%, when it is determined no other reasonable method of providing signage is functional.

3. Substitution. Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations they would have had consistent with the original permit.

4. Expiration. A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of the Sign Permit, or if work is suspended or abandoned for a period of 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the Sign Permit has been approved and issued, the application shall be considered withdrawn.

5. Inspections.
a. All signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 17.72, Signs, as well as the following additional inspections, unless waived in writing by the Building Official:
i. Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;
ii. Electrical inspections for all sign structure(s) prior to placement; and iii. Final inspection to establish compliance with provisions of this Zoning Code and other applicable City Codes.
b. Violations. Any work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained (see § 17.72.080, Enforcement).

§ 17.100.150. Sign Permit—Master Sign Program.

A. Purpose. A Master Sign Program provides mixed -use, nonresidential, and multifamily residential uses with flexibility to develop innovative, creative, and effective signage and to improve the aesthetics of the City.

B. Applicability. A Master Sign Program applies to proposed or existing mixed-use, nonresidential, and multifamily residential uses as follows:

1. A Master Sign Program is required for:
a. Projects with five or more nonresidential tenants;
b. Multi-unit developments of 50 or more units;
c. Whenever five or more signs are proposed for a building or site; d. To erect a freeway-oriented sign (refer to Table 17.72.050.D -3: Standards for Freeway - Oriented Signs);

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e. Projects in which flexibility in sign design is sought so that high quality signs may be provided which contribute to the attractiveness and economic viability of their surroundings, but which may not meet the standards otherwise required for the subject location or zone; and
f. Any project proposed as a Planned Development (see Chapter 17.112, Planned Development (PD)).

C. Review.

1. A qualified applicant shall submit an application for a Master Sign Program on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees.

2. At a minimum, all Master Sign Programs shall include the type, number, size, location/ placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any previously approved Master Sign Program shall be made in the same manner as the original approval.

3. All Master Sign Program submittals shall be reviewed for compliance with the requirements of Chapter 17.72, Signs, and the Zoning Administrator shall either approve, conditionally approve, or deny the proposed Master Sign Program. Following approval by the Zoning Administrator, a copy of the approved Master Sign Program will be made available to the applicant.

4. Individual signs authorized by an approved Master Sign Program require the issuance of separate Sign Permits as described in § 17.100.140, Sign Permit—Permanent Signs provided:
a. The signs comply with all applicable conditions of the approved Master Sign Program; b. Sign Permit applications are submitted within a time period specified as part of the conditions of the content or review of the Master Sign Program, where applicable; and c. Sign Permit applications are submitted prior to any subsequent amendment to this chapter which is more restrictive than provisions existing when the Master Sign Program was approved.

5. The Planning Commission shall review all Master Sign Programs which include a request for an increase in allowable sign height and area beyond the limits established in § 17.72.050, Standards for Permanent Signs, for freestanding and building mounted signs for multi -tenant buildings and shopping centers.

D. Supplemental Provisions.

1. Modifications to an approved Master Sign Program shall be reviewed by the Zoning Administrator.

2. No sign identified in this section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Program or designate in writing an authorized representative.

3. A Master Sign Program may be implemented in phases.

§ 17.100.160. Reasonable Accommodation for Persons with Disabilities.

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A. Purpose. This section provides a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) to request reasonable accommodation in the application of the City's land use regulations and to establish relevant criteria to be used when considering such requests.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

3. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing -related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This section allows for minor structural modifications and/or regulatory exceptions. Nothing in this section shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of a reasonable accommodation request. Requests for reasonable accommodation shall be made in the manner prescribed within this section.

C. Review Authority and Procedure.

1. Requests for reasonable accommodation shall be reviewed by the Director if no discretionary approval is sought other than the request for reasonable accommodation. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection E, Criteria for Findings and Decision.

2. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority responsible for reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable modification shall be made in accordance with subsection E, Criteria for Findings and Decision.

D. Application Requirements. A qualified applicant shall submit an application for a reasonable accommodation on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. No noticing or public hearings are required for a reasonable accommodation request.

E. Criteria for Findings and Decision. The Director must consider all of the following factors in order to approve or deny a request for reasonable accommodation;

1. Whether the housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

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3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City; and

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.

F. Conditions of Approval. In granting a request for reasonable accommodation, the Review Authority may impose any conditions approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection E, Criteria for Findings and Decision. Conditions shall also state that the accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property as stated in subsection G.2.

G. Appeals, Expiration, Extensions, and Revisions.

1. Appeals. A decision on reasonable accommodation request may be appealed as provided for in § 17.96.160, Appeals.

2. Expiration, Extensions, and Revisions. A reasonable accommodation approval may only be expired, extended, or revised as provided for in Chapter 17.96, Common Procedures. A reasonable accommodation approval shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

§ 17.100.170. Pre-zoning for Annexation.

A. Purpose. The purpose of pre-zoning property is to determine the zoning that will apply to property upon subsequent annexation to the City.

B. Applicability. The pre-zoning process applies to unincorporated property adjoining the City within the urban limit line that is subject to a pending annexation.

C. Initiation. Pre-zoning shall be initiated by a resolution of intention by the Planning Commission or the City Council.

D. Procedure. Pre-zoning applications shall be processed following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text. Pre-zoning shall become effective at the same time as an annexation becomes effective.

E. Zoning of Annexed Areas. Upon the annexation of property to the City which has not been pre - zoned, the Planning Commission shall initiate proceedings to zone the annexed property to a zoning classification in conformity with the General Plan following the procedures established in Chapter

17.108, Amendments to the Zoning Map and Text.

§ 17.100.180. Development Agreements.

A. Purpose. This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law.

Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and

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protect the environment are achieved.

B. Applicability.

1. The City incorporates by reference the provisions of California Government Code § 65864 to § 65869.5. In the event of any conflict between the statutory provisions and this chapter, the statutes shall control.

2. A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

C. Initiation. An application for a Development Agreement may be initiated by any qualified applicant identified in § 17.96.020, Application Forms and Fees, or by a motion of the City Council or Planning Commission.

D. Review Authority.

1. The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City. The Director may request input from other affected departments, as needed.

2. The City Council has the exclusive authority to approve a Development Agreement. After receiving recommendations from the Planning Commission, the City Council may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this chapter.

E. Procedure.

1. Application Requirements. Applications for Development Agreements shall be filed with the Director in accordance with the following procedures. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence is support of the applicable findings required by subsection H, Required Findings.

2. Concurrent Processing. An application for a Development Agreement will be made and considered simultaneously with the review of other applications, including, but not limited to, rezoning, Planned Development (see Chapter 17.112, Planned Development (PD)), and a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant must comply with all other required procedures for development approval.

3. Contents of Development Agreements.
a. Required Contents. A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and provisions concerning its transferability (assignment). b. Additional Contents. Development Agreements may also include the following:
i. Improvements and Fees. Requirements for construction and maintenance of on -site and off -site improvements or payment of fees in lieu of such dedications or improvements.

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ii. Conditions. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, except that the applicant's responsibility to obtain all required land use approvals is retained.
iii. Environmental Mitigation. Conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any associated environmental document. iv. Phasing. Provisions that the project must be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase be completed within a specified time.
v. Financing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
vi. Indemnity. An indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of the applicant in connection with the application or the development process, including all legal fees and costs.
vii. Performance Obligation. Provisions to guarantee performance of obligations stated in the agreement.
viii. Other Items. Other components and provisions as negotiated by the City and the applicant.

F. Planning Commission Hearing and Recommendation.

1. Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

2. Hearing. The Planning Commission shall conduct a public hearing and make recommendations to the City Council in conformance with the provisions of § 17.96.090, Conduct of Public Hearing.

3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

G. City Council Review and Recommendation.

1. Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

2. Hearing. After receiving the report with the Planning Commission recommendation, the City Council shall hold a public hearing in accordance with § 17.96.090, Conduct of Public Hearing.

The public hearing notice for the hearing shall include a summary of the Planning Commission

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recommendation.

3. Decision. At the conclusion of the hearing, the City Council may approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. If the Council proposes any substantial modification to the Development Agreement, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing.

The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment to the Development Agreement and shall be returned to the City Council for approval.

H. Required Findings. The Planning Commission when making its recommendation on a Development Agreement, and the City Council, must make the finding to approve a Development Agreement that the proposed Development Agreement and its provisions are consistent with the General Plan and any applicable Specific Plan. This requirement may be satisfied by a finding that the provisions of the Development Agreement are consistent with proposed General Plan or Specific Plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.

I. Execution and Recordation. Within 10 days after the ordinance approving the Development Agreement takes effect, the Mayor or their designee shall execute the Development Agreement on behalf of the City, and the City shall record the Development Agreement with the County Recorder.

J. Periodic Review. The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the Director shall review each approved Development Agreement.

1. Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, then no action is required.

2. Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance.

The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification pursuant to this chapter.

3. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council as described in § 17.96.160, Appeals. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

K. Amendment or Cancellation.

1. Mutual Agreement. Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section.

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a. Director Approval. Any amendment to a Development Agreement which is not specific to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvements or construction standards and specifications, may be made by the Director without noticed public hearing.

A Development Agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and Director. b. City Council Approval. The procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a Development Agreement, shall be the same as the procedure for originally entering into a Development Agreement.

2. After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the Development Agreement to the City Council for termination or modification. The City shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than 30 days in advance of public notice of the City Council hearing to consider an amendment or cancellation. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

3. Recordation. If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.

4. Rights of the Parties After Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.

L. Effect of Approved Agreement.

1. Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.

2. Future Rules and Regulations. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. A Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals, unless otherwise specified in the Development Agreement.

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3. State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended pursuant to the procedures specified in the Development Agreement, in order to comply with Federal or State regulations.

M. Enforcement. The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this section and in California Government Code § 65865.4 or any successor statute, are nonexclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.

N. Judicial Review.

1. Any judicial review of the initial approval by the City of a Development Agreement shall be by writ of mandate pursuant to the Zoning Code of Civil Procedure Code § 1085. Any judicial review of any City action taken pursuant to this chapter, other than the initial approval of a Development Agreement, shall be by writ of mandate pursuant to the Zoning Code of Civil Procedure Code § 1094.5. The use of the phrase "substantial evidence" in this chapter with respect to the quantum of proof necessary in conjunction with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.

2. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of decision.

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CHAPTER 17.104

AMENDMENTS TO THE GENERAL PLAN

§ 17.104.010. Purpose and Applicability.

A. Purpose. This chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or Federal law and changes in circumstances or opportunities that were unanticipated at the time of Plan adoption or the last amendment.

B. Applicability. This chapter applies to all proposals to change the text of the General Plan, the land use map(s), and the diagrams that illustrate the application of its provisions.

§ 17.104.020. Initiation of Amendments.

A. Initiation. An amendment to the General Plan may be initiated by any qualified applicant identified in § 17.96.020, Application Forms and Fees, or by a motion of the City Council or Planning Commission.

B. Application. A qualified applicant shall submit an application for a General Plan amendment on a form prescribed by the Director as prescribed in § 17.96.020, Application Forms and Fees. The Planning Commission or City Council may direct that specific information be provided at the time the initial application is submitted.

C. Coordination with Other Applications. Amendments to the General Plan and General Plan Land Use Map may be processed concurrently with other discretionary permits.

§ 17.104.030. Review Procedures and Public Notice.

A. Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a General Plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment will require amendment to other plans that the City Council has adopted, and an environmental document prepared in compliance with the CEQA.

B. Neighborhood Meeting. The Director, at their discretion, may require that the applicant conduct a neighborhood meeting prior to an application being submitted or during the review of an application as put forth in § 17.96.070, Neighborhood Meeting. The meeting may be required when in the opinion of the Director, the project for which the General Plan Amendment is requested may have an impact on a neighborhood, the project is unique, or the project is of such scale or scope that it is likely to generate community interest.

§ 17.104.040. Planning Commission Hearing and Recommendation.

A. Planning Commission Hearing. The Planning Commission shall conduct at least one public hearing on any proposed amendment and make recommendations to the City Council in conformance with the provisions of § 17.96.090, Conduct of Public Hearing.

B. Public Notice. At least 10 days before the date of the public hearing, the Director shall provide notice

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as specified in § 17.96.080, Public Notice. Notice of the hearing shall also be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

C. Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed General Plan amendment to the City Council. The recommendation shall include the reasons for the recommendation, findings related to supporting the recommendation, and the relationship of the proposed amendment to applicable plans. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

§ 17.104.050. City Council Hearing and Action.

A. City Council Hearing. After receiving the report from the Planning Commission, the City Council shall hold a noticed public hearing in conformance with Chapter 17.96.090, Conduct of Public Hearing.

B. Public Notice. At least 10 days before the date of the public hearing, the Director shall provide notice as specified in § 17.96.080, Public Notice. The notice shall include a summary of the Planning Commission's recommendation. Notice of the hearing shall also be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

C. City Council Action. At the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment application. If the Council proposes any substantial modification, such as introducing a new zone district or planned land use designation, not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption.

D. Frequency of Amendments. Pursuant to California Government Code § 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

E. Required Findings. The City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following:

1. The proposed amendment is consistent with the goals, objectives, and policies of the General Plan;

2. That the proposed amendment will promote growth of the City in an orderly manner and will promote and protect the public health, safety, or welfare of the community;

3. That the anticipated land uses on the subject site will be compatible with existing and future surrounding uses;

4. That the City's inventory of residential lands for qualified housing sites has not been reduced; and

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5. That the proposed amendment is consistent with any development related application that is processed and approved concurrently with the amendment application.

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CHAPTER 17.108

AMENDMENTS TO THE ZONING MAP AND TEXT

§ 17.108.010. Purpose and Applicability.

A. Purpose. This chapter establishes the procedures to consider amendments to the Zoning Code text and to the City's official Zoning Map, which may be referred to as a "rezone" or "rezoning," whenever such amendment is in furtherance of public necessity, convenience, and general welfare, reflects changed conditions, and provides greater consistency with the goals and policies of the General Plan.

B. Zoning Code and Zoning Map amendments (zoning amendments) shall not be used in lieu of other planning permit processes to achieve a similar result.

C. Applicability. The procedures in this chapter apply to all proposals to change the text of this Zoning Code or to revise a zone classification or zone boundary line, or add a new zone, shown on the Zoning Map.

§ 17.108.020. Application Requirements.

A. Initiation. An amendment to the Zoning Code text or Zoning Map may be initiated by the any qualified applicant identified in § 17.96.020, Application Forms and Fees, the Director, Planning Commission, or City Council.

B. Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Planning Division accompanied by the required fee as prescribed in § 17.96.020, Application Forms and Fees. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

C. Coordination with Other Applications. Proposed zoning amendments may be processed concurrently with other related entitlement application requests.

§ 17.108.030. Review Procedures and Public Notice.

A. Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a zoning amendment. The report shall include, but not be limited to, a discussion of how the proposed amendment satisfies the criteria and findings in § 17.108.060, Required Findings, for approving a zoning amendment and an environmental document prepared in compliance with CEQA.

B. Neighborhood Meeting. At the discretion of the Director, the applicant may be required to conduct a neighborhood meeting prior to an application being submitted or during the review of an application as set forth in § 17.96.070, Neighborhood Meeting. The meeting may be required when in the opinion of the Director, the zoning amendment may have an impact on a neighborhood, the project is unique, or the project is of such scale or scope that it is likely to generate community interest.

§ 17.108.040. Planning Commission Hearing and Recommendation.

A. Planning Commission Hearing. The Planning Commission shall conduct at least one public hearing on any proposed zoning amendment and make recommendations to the City Council in conformance

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with the provisions of § 17.96.090, Conduct of Public Hearing.

B. Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in § 17.96.080, Public Notice. For amendments that affect permitted uses on real property, the Director shall provide notice at least 20 days before the date of public hearing. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

C. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. The recommendation shall include the reasons for the recommendation, findings related to the criteria for zoning amendments in § 17.108.060, Required Findings, and the relationship of the proposed Code or amendment to other adopted documents and plans. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

§ 17.108.050. City Council Hearing and Action.

A. City Council Hearing. After receiving the report with the Planning Commission's recommendation, the City Council shall hold a public hearing in accordance with § 17.96.090, Conduct of Public Hearings.

B. Public Notice. At least 10 days before the date of public hearing, the Director shall provide notice as specified in § 17.96.080, Public Notice. For amendments that affect permitted uses on real property, the Director shall provide notice at least 20 days before the date of public hearing. The public hearing notice for the hearing shall include a summary of the Planning Commission recommendation. Notice of the hearing also shall be mailed or delivered to any local agencies expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

C. City Council Action. After conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes a substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral, or such longer period as may be designated by the legislative body, shall be deemed a recommendation to approve and the amendment shall be returned to the City Council for adoption.

§ 17.108.060. Required Findings.

The Planning Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following findings:

A. The proposed amendment is consistent with the goals, objectives, and policies of the General Plan; B. That the proposed amendment will promote growth of the City in an orderly manner and will promote and protect the public health, safety, or welfare of the community; C. That the anticipated land uses on the subject site will be compatible with existing and future surrounding uses;
D. That the City's inventory of residential lands for qualified housing sites has not been reduced; and E. That the proposed amendment is consistent with any development related application that is

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processed and approved concurrently with the amendment application.

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CHAPTER 17.112

PLANNED DEVELOPMENT (PD)

§ 17.112.010. Purpose.

Planned Developments (PD) afford maximum flexibility and diversity in site planning and building design and layout while protecting the integrity and character of the residential, commercial, and industrial areas of the City. The design, configuration and impact of the proposed Planned Development project shall be compared to the General Plan, the purpose and standards of the applicable zone and any other applicable standards and design guidelines. The Planned Development zone provides for comprehensive analysis of project-related impacts while allowing for nontraditional or unique site plan design.

§ 17.112.020. Procedure.

Applications for a Planned Development shall be processed following the procedures established in Chapter 17.108, Amendments to the Zoning Map and Text.

§ 17.112.030. Findings.

In addition to the findings for approval of a zone change established in § 17.108.060, Required Findings, each Planned Development application shall be analyzed to ensure that it is consistent with the purpose and intent of this chapter. The City Council may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate project -related adverse impacts and to carry out the purpose and requirements of the Planned Development. The City Council may approve a Planned Development if all of the following findings are made:

A. The site is physically suitable for the type and intensity of the land use being proposed; B. The proposed project would be harmonious and compatible with existing and future developments within the zone and surrounding area;
C. In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no less than, permitted for a similar development within the zone district; D. The approval of the Planned Development for the proposed project complies with CEQA; E. The proposed project is consistent with the General Plan; F. The location, size, design, and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience, or welfare of the community; and G. The proposed project, subject to the proposed integrated Planned Development design, will be superior to development otherwise allowed in the underlying zone and, therefore, justifies the exceptions to the requirements of this chapter.