Cities Index.
Agenda packet

Woodland City Council
October 7, 2025

Document
Agenda packet
Meeting
October 7, 2025
Body
Woodland City Council
Pages
474
Original file
26.0 MB
Text extracted from the city's file for reading and search. Open the original on woodlandca.api.civicclerk.com. That file is the official record.

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City of Woodland, CA
§ 17.72.050 WOODLAND CODE § 17.72.050

City supporting documentation from a licensed engineer or surveyor demonstrating compliance with this provision.
iii. Area. The maximum area of each digital display area shall not exceed 672 square feet per sign face.
iv. No more than one digital billboard sign and one freeway-oriented sign each over 30 feet in height shall be permitted on a single parcel or multiple parcels developed as a single retail, office, or industrial center. One sign shall not directly or substantially impede the view of another sign for any prolonged length of travel time of a passing driver on Interstate 5.
v. Illumination. Digital billboard signs must be limited in brightness to a maximum lighting intensity of 0.3 candela (i.e., foot -candles) over ambient light levels, as measured using a foot-candle meter at 250 feet from the sign face. (A) Each digital display area must have a light sensing device that will adjust the brightness of the sign as ambient light conditions change throughout the day. (B) Digital billboard signs must create minimal glare, maintain contrast between the sign face and the surrounding area, have minimal impact on driver distraction, and create minimal light trespass into residential areas. (C) The applicant must demonstrate through field testing compliance with a 0.3 candela increase, or less, over ambient light at a distance of 250 feet during nighttime conditions upon initial start-up, again at six months of operation and at the request of the City for the life of the sign.
(D) The applicant must fund field testing by a qualified independent contractor or City staff trained in the use of a handheld photometer to demonstrate continued compliance. If increases in ambient light are found to be above the 0.3 candela level, the dimming level shall be adjusted until this level can be demonstrated.

This must be completed and demonstrated through follow -up field testing within 24 hours or the billboard shall not be operated until the lighting levels can be brought into compliance.
vi. Pole Cladding. High -quality decorative pole covering is required for newly constructed digital billboard signs as well as any existing nondigital billboard that is converted to a digital billboard sign.
vii. Message Display. Digital billboard signs shall display static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement in or on any part of the sign structure, design, or pictorial segment of the sign, except that static images may be displayed for a minimum of eight seconds with a transition or blank screen time no longer than one second in duration. No static message shall include flashing or scintillating lighting, or varying light intensity. Digital billboard signs shall be operated with systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction. viii. Community Messaging. The City shall be provided with access to a minimum of five percent of the total available display time to allow the City to present messages of community interest. This access shall also include access for other appropriate

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agencies for the purpose of displaying public safety messages such as "Amber Alert" messages and emergency-disaster communications. The City shall retain sole discretion regarding the content and prioritization of messages displayed on the City's behalf, subject to specific standards of individual sign companies for displayed material.
ix. Traffic Safety. The digital billboard sign shall not create a visibility hazard to traffic on adjacent streets, freeways, or parking areas. The sign shall not reduce required on-site parking availability and shall not interfere with on-site vehicular circulation. x. Future Technologies. There may be alternate, preferred, or superior technology available in the future to illuminate digital freeway signs. These alternate technologies may be incorporated into existing legally permitted digital freeway signs in the future without additional permissions from the Planning Commission or City Council provided:
(A) The required maximum brightness standards are met; and (B) No substantial exterior physical change to the digital display area will occur.

The owner shall be responsible for obtaining any required ministerial permits for technology improvements as required by applicable code standards. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.
xi. Quality and Maintenance Plan. The applicant shall demonstrate that the proposed digital billboard sign provides high resolution, clear graphic display, and consistent reliability and durability. The applicant must establish a quality and maintenance plan to ensure implementation of all above -listed development standards and to assure the proper maintenance and repair of the digital billboard sign as needed. c. Billboard Removal. For every one square foot of digital message display area installed, the applicant must permanently remove at least two square feet of existing legal conforming or nonconforming billboard display area within the City limits prior to operation of the digital billboard sign. An existing billboard display area being converted to a digital billboard sign may count toward the required permanent removals. d. Operating Agreement. The City and applicant shall enter into an operating agreement, subject to City Council approval, in conjunction with the issuance of a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) for a digital billboard sign. The City and applicant may use the operating agreement, on a case -by-case basis, to deviate from the development standards in subsection D.2, Digital Billboard Signs, or reduce the required billboard removals under subsection D.2.C, Digital Billboard Signs. The City Council will only approve an operating agreement if it determines that the operating agreement achieves community benefits that are equivalent or greater to those that would be achieved through strict compliance with subsection D.2, Digital Billboard Signs. If deviation from the foregoing development standards is requested, the City Council shall also serve as the final review and approval authority for the Conditional Use Permit (see § 17.100.100, Conditional Use Permit) and Development Review application. e. Compliance with Applicable Laws and Regulations. The owner of the digital billboard sign shall comply with all applicable Federal, State, or local laws, including the Highway Beautification Act of 1965 (23 U.S.C. § 131), the Outdoor Advertising Act (California

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Business and Professions Code § 5200 et seq.), and this section, when constructing, operating, improving, maintaining, repairing, and removing the digital billboard.

3. Directional Signs (Freestanding). Directional signs must comply with the standards provided in the table below.

Table 17.72.050.D-1: Standards for Directional Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area 2-sided allowed; max. 3 sf per sign face.

Excluded from the total number of allowed signs for all freestanding signs.

Sign Height Max. 4 ft.

Number of Signs Max. 1 per driveway entrance.

Illumination Nonilluminated, internal illumination, or external illumination.

4. Directory Signs (Freestanding). Directory signs must comply with the standards provided in the table below.

Table 17.72.050.D-2: Standards for Directory Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area Max. 10 sf; max. 1 sf per tenant space.

Excluded from the total number of allowed signs for all freestanding signs.

Sign Height Max. 8 ft from nearest grade.

Number of Signs Max. 1 per building.

A directory sign that displays multiple individual tenants, nameplates, etc., shall be considered one sign.

Illumination Nonilluminated, internal illumination, or external illumination.

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5. Freeway-Oriented Signs. Freeway-oriented signs must comply with the standards provided in the table below.

Table 17.72.050.D-3: Standards for Freeway-Oriented Signs Standards Requirements
“sf” = square feet; “ft” = feet; “lf” = linear feet
Sign Area Max. 200 sf
Sign Height 1
Max height 60 ft.

Elements to enhance the design of a sign structure may extend above the sign to a max. 20% of the sign’s allowed height or 12 inches, whichever is greater.

Base Width
The sign base cannot be individual poles and must be a single column. The base must be at least 60% of the width of the sign and tie into the overall sign design and materials.

Number of Signs
Max. 1 freeway-oriented sign in areas adjoining interchanges or for groups of adjoining parcels.
1 additional freeway-oriented sign is allowed for a single parcel or a group of parcels greater than 20 acres provided the two signs are separated by min. 300 linear ft.

Sign Placement Only located along a site frontage facing a freeway and within 500 linear ft of a freeway interchange.

Illumination Non-illuminated or internal illumination.

Special Provisions Requirements
Sign Design
The major architectural elements or details of the primary building(s) shall be integrated into the design of the support structure for the freeway orientedfreeway-oriented sign.

Standards
Table 17.72.050.D-2: Standards for Directory Signs
Requirements

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Table 17.72.050.D-3: Standards for Freeway-Oriented Signs Standards Requirements
Sign Panels for Vacant
Businesses
The sign panel on a freeway-oriented sign for a business that goes out of business shall be replaced within 30 days with a blank sign panel. Also refer to Section 17.72.080, Enforcement.

Changeable Copy Signs
and Electronic Message
Centers
Changeable copy and digital/electronic messages are not permitted.

Notes:

1. The overall height of freeway signs and their support structures shall be determined on a case-by- case basis utilizing a line of site study and visibility modeling analysis techniques which shall include an evaluation of the presence of visual obstructions, the number of anchor tenants proposed, etc. The Planning Commission will review the analysis presented by the applicant and render a judgement as to whether the proposed sign height and area is appropriate. Signs shall be no higher than necessary for effective visibility.

6. Monument Signs. Monument signs must comply with the standards provided in the table below.

Table 17.72.050.D-4: Standards for Monument Signs
Standards Requirements
"sf" = square feet; "lf" = linear feet
Sign Area As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.

Sign Height As provided in Table 17.72.050.B-1: Standards for All Permanent Signs.

Elements to enhance the design of a sign structure may extend above the sign to a max. 20% of the sign's allowed height or 12 in, whichever is greater.

Sign Base Standards The sign base must be at least 60% of the width of the sign.

The base shall be min. 12 in. in height from finish grade.

The sign based shall be constructed of solid permanent materials such as concrete block, stone, brick, metal, stucco, or similar veneer extending the full height of the sign or to the base.

Number of Signs Only one monument sign is allowed per building per frontage.

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Table 17.72.050.D-4: Standards for Monument Signs

Sign Placement Only located along a site frontage facing a public street.

Illumination Nonilluminated, internal illumination, or external illumination.

Special Provisions Requirements
Changeable Copy Signs Max. sign area 40% of the total allowable sign area.

Other Requirement Signs shall integrate major architectural elements or details of the primary building(s) into the design of the support structure for the monument sign.

Signage must be compatible with the building and site design relative to colors, materials, and placement and will respect established architectural and/or historical character as appropriate.

§ 17.72.060. Standards for Temporary Signs.

A. Purpose. The City Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public's health, safety, and welfare. In addition to the purpose provisions of § 17.72.010, Purpose, these regulations ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs. These standards and requirements ensure that temporary signs do not create aesthetic clutter or a distraction to the traveling public.

B. General to All Temporary Signs. Temporary signs are allowed only in compliance with the provisions of this section.

1. Information Required for Display. All temporary signs are required to display the name and address of the entity placing the sign and the date the sign was erected.

2. Permits. No permits are required for the installation and placement of any temporary signs.

3. Not Included in Permanent Sign Allowances. Temporary signs are not counted toward the maximum total sign area established in § 17.72.050, Standards for Permanent Signs.

4. General Time, Place, and Manner Restrictions.
a. Location Standards. Temporary signs must be placed in compliance with § 17.72.040.B, Location Standards, unless specifically exempted by this section. b. Period of Use. There is no limit on the length of time that a temporary sign may be displayed, except for wall banner signs (see Table 17.72.060.C-2: Standards for Specific

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b. Temporary Signs). May not be displayed for a period of time exceeding 30 days in a calendar year.
c. Display Standards. Temporary signs must be placed in compliance with § 17.72.040.D, Display Standards, unless specifically exempted by this section. d. Design and Construction. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc., and must be professionally crafted.

C. Additional Standards for Temporary Signs.

1. Temporary signs are allowed in compliance with provisions in Table 17.72.060.C-1: Standards for Temporary Signs.

Table 17.72.060.C-1: Standards for Temporary Signs
Standard Requirement
“sf” = square feet; “lf” = linear feet
All Residential and Public and Open Space Zones
Total Area of all Temporary Signs at Any
One Time Max. 16 sf 1
Number of Signs Unlimited except that the total sign area must not exceed 16 sf.

All Downtown and Mixed-Use Zones
Total Area of All Temporary Signs at
Any One Time
Max. 32 sf per business, with a total of max. 72 sf per lot.

Excludes the area of temporary window signs and wall banner signs.

Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of temporary window signs and wall banner signs) must not exceed 32 sf per business.

Exception: Multi-tenant centers or offices – Max. 2 temporary wall banner signs per 150 lf of property frontage not to exceed 64 sf combined.

All Commercial and Employment Zones
Total Area of All Temporary Signs at
Any One Time Max. 30% of the building frontage. 40 sf
Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of temporary window signs and wall banner signs) must not exceed 40 sf per business) shall not exceed 30% of the building frontage.

Exception: Multi-tenant centers or offices – Max. 2 temporary wall banner signs per 150 linear feet of property frontage not to exceed 64 sf combined.

Notes:

1. The Zoning Administrator may grant, by Zoning Administrator Permit, an increase in the maximum total sign area for all temporary signs in these zones for public parks and recreation facilities, governmental facilities, public cultural facilities, and non-profit hospitals. See Section 17.100.090, Zoning Administrator Permit.

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2. Standards for Specific Temporary Signs. Temporary signs must comply with the standards provided in Table 17.72.060.C-2: Standards for Specific Temporary Signs.

Table 17.72.060.C-2: Standards for Specific Temporary Signs Standards

Temporary Sign Type
1 Height
(Max.)
Width
(Max.)
Area
(Max.)

Other Requirements
"sf" = square feet; "lf" = linear feet
A-Frame Sign 4 ft 3 ft 6 sf Only allowed in the Downtown zones.

Max. 1 A-frame sign per business.

Must be located within 15 ft of the building in which the business is located.

May be located on a sidewalk, provided a minimum width of at least 4 ft allows for unimpeded pedestrian movement.

Prohibited in residential zones.

Only permitted during regular business hours.

Must be professionally crafted and not constructed of molded vinyl or plastic.

Wall Banner 25 ft to top
of banner
— 32 sf Prohibited in residential zones.

Must be mounted on a building wall or on T -posts or stakes installed < 6 in from a wall on which the wall banner would be hung.

Window Sign — — See Note 2 Must be placed no higher than first story windows.

Inside mounting required.

Not included in the total sign area for all temporary signs.

Yard Sign Type — 4 ft 3 sf
Yard Sign Type 2 — 6 ft 4 sf All yard signs must be installed securely in the ground.

Yard Sign Type 3 — 6 ft 32 sf

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Notes:

1. Other temporary sign types may be allowed (e.g., fuel pump topper signs, wrap-around waste receptacles, or balloon bobbers), provided the maximum area limitation for all temporary signs is not exceeded.

2. The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) is established in Table 17.72.050.C -12: Standards for Window Signs.

3. All temporary signs associated with a model sales office for new subdivision or multifamily residential developments for sale or rent require approval of a Zoning Administrator Permit approval (see § 17.100.090, Zoning Administrator Permit).

§ 17.72.070. Standards for Nonconforming Signs.

Section 17.80.090, Nonconforming Signs, provides the standards and regulations for nonconforming signs.

§ 17.72.080. Enforcement.

A. Inspection. Construction of all signs, and their attachment, is governed by the regulations of the Uniform Building Code, the Uniform Sign Code, and this chapter, as adopted by the City of Woodland and shall be inspected and approved by the Building Inspector.

B. Sign Removal.

1. Unlawful Signs. The Zoning Administrator may order the removal of any sign erected, altered, or maintained in violation of this chapter, the Uniform Building Code, or the Uniform Sign Code, in which case 30 -day written notice shall be provided to the owner of the building, structure, or lot on which the sign is located requiring the removal of the sign or to bring it into compliance.

2. Dangerous or Defective Signs. The Zoning Administrator may order the immediate removal of a sign without notification if, in his or her opinion, the condition of the sign presents an immediate threat to the safety of the public.

3. Abandoned Signs. Any sign which no longer advertises the original business conducted, product sold, or activity conducted shall be deemed to have been abandoned. The Zoning Administrator shall give 30 days' written notice to the owner of the building, structure, or lot on which the sign is located to remove the sign.

C. The provisions in this chapter shall be enforced by the City of Woodland Police Department, when applicable.

D. Any Conditional Use Permit (see § 17.100.100, Conditional Use Permit) or Variance (see § 17.100.120, Variance) granted for a sign or signs shall become void if the sign is altered or relocated in any way which makes the sign in violation of the requirements of this chapter.

E. Penalties. Failure to comply with the provisions of this chapter shall subject the owner to the penalties provided for in Chapter 17.128, Enforcement, of this Zoning Code.

F. Appeals. Any person aggrieved by any decision or order of the Zoning Administrator may appeal to the Planning Commission unless such denial is based on violations of the Uniform Building Code,

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§ 17.72.080 ZONING § 17.72.090

the Uniform Sign Code, or the National Electrical Code. Denial for these reasons must be appealed to the Board of Building Appeals. Appeals shall be in writing and must be filed in the with the Zoning Administrator 10 days of the date of the decision or order which is being appealed. See § 17.96.160, Appeals.

§ 17.72.090. Severability.

If any section, sentence, clause, phrase, word, portion, or provision of the Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.

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CHAPTER 17.76

PERFORMANCE STANDARDS

§ 17.76.010. Purpose and Applicability.

A. The purposes of this chapter are to:

1. Ensure that uses and activities are conducted in a manner that protects the public health and safety and do not produce adverse impacts on surrounding properties or the community at large.

2. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

3. Protect industry from arbitrary exclusion from areas of the City.

B. The standards of this chapter shall apply to all uses and properties existing in the City at the time of adoption of this Zoning Code. The standards established by this chapter are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.

§ 17.76.020. Measurement of Impacts.

Measurements necessary for determining compliance with the performance standards of this chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

§ 17.76.030. General Standards.

Land or buildings shall be used or occupied in a manner that does not create any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.

§ 17.76.040. Electromagnetic Interference.

No use, activity, or process shall cause electromagnetic interference with normal radio and television reception in any residential zone, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities, and processes shall comply with applicable Federal Communications Commission's regulations.

§ 17.76.050. Fire and Explosive Hazards.

All activities, processes, or uses involving the storage, use of, transportation, or production of products which, in the raw or finished state, constitute a flammable or explosive material (for example, flour milling or nut shell nutshell processing), or volatile extraction, shall be subject to approval by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products required by law to be disposed of by burning, and in those instances where the Fire Department deems it a practical necessity.

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§ 17.76.060 ZONING § 17.76.090

§ 17.76.060. Hazardous and Extremely Hazardous Materials.

The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, sewage system, or onto the ground.

§ 17.76.070. Heat and Humidity.

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with the ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase of more than five degrees Fahrenheit on another property.

§ 17.76.080. Light and Glare.

A. Glare. All lighting, reflective surfaces, mechanical or chemical processes, or any other sources of illumination shall be designed and located in a manner that produces no glare visible on public streets or on any other parcel. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.

B. Lighting. Lights shall be of the minimum illumination necessary for a given application and shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Lights shall be directed downward and shielded at lot lines so as to confine all direct rays to the premises on which it is located. Exterior lighting shall be fully shielded.

1. Except for public street lightsstreetlights or stadium lights, no light or combination of lights or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot-candle.

§ 17.76.090. Liquid or Solid Waste.

The use, handling, storage, and transportation of waste materials, including hazardous wastes, shall comply with the provisions of the California Hazardous Materials Regulations, the State Water Resources Control Board, and any other applicable laws.

A. Discharges to Water or Sewers. Discharge at any point into a public or private sewage disposal system, stream, or the ground, of any material that could contaminate any water supply, or otherwise cause the emission of dangerous or offensive elements is prohibited. No exceptions are allowed unless in accordance with regulations, licenses or approvals of the various local and state agencies having jurisdiction over such activities. Liquids or solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground. No exceptions are allowed unless in accordance with applicable regulations of the various local and state agencies having jurisdiction over such activities.

B. Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety, and fire hazards; and to facilitate recycling.

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§ 17.76.090 WOODLAND CODE § 17.76.110

C. Containment. Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including, but not limited to, paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way it cannot be tracked or carried by wind off site or dissolved into a water system.

Closed containers shall be provided and used for storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.

D. Incineration. There shall be no refuse incineration on the premises.

§ 17.76.100. Odors, Particulate Matter, and Air Contaminants.

A. Odors. No continuous, frequent, or repetitive odors are permitted that are perceptible on or beyond adjacent lot lines or in the public right -of-way. An odor detected no more than a total of 15 minutes in any one day shall not be deemed to be continuous, frequent, or repetitive as used in this subsection.

B. Dust or Particulates. Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter. No dust or particulate matter shall be emitted that is detectable at zone boundary lines or property lines by a reasonable person without instruments.

Exhaust air ducts shall be located or directed away from abutting properties zoned R -1, N-P, R-LM, R-M, or R-H.

C. Sources of Air Emissions. Sources of air emissions shall comply with regulations established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Yolo -Solano Air Quality Management Control District (YSAQMD). The City shall consult with YSAQMD to determine which uses shall be equipped with emission -control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by YSAQMD prior to issuance of a Building Permit or other approval authorizing construction activities. All devices shall be maintained by the owner.

§ 17.76.110. Noise.

Applicants for proposed projects may be required to provide evidence that all applicable requirements relating to noise may be satisfied by the project prior to approval. Provisions contained in Chapter 8 of the 2035 General Plan shall apply in addition to other applicable sections of the Municipal Code that relate to noise and nuisance considerations. Standards deemed "normally acceptable" are established in in Table 8-5: Land Use Noise Compatibility Standards of the General Plan.

A. Standards.

1. Sources. Table 8-6: Noise Level Performance Standards for New Projects and Existing Non - Transportation Sources, of the General Plan, provides noise level performance standards that apply to the noise sources themselves for new projects and existing non-transportation sources.

2. Exposure. Table 8-7: Maximum Allowable Noise Exposure from Transportation Sources, of the General Plan, provides the maximum allowable noise exposure from transportation related (i.e., non-aircraft) noise sources.

B. Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to noise exposure that exceed the levels established in General Plan Table 8-6: Noise Level Performance Standards for New Projects and Existing Non-Transportation Sources, and Table 8.7:

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§ 17.76.110 ZONING § 17.76.120

Maximum Allowable Noise Exposure from Transportation Sources.

C. Noise Attenuation Measures. Any project subject to the acoustic study requirements of subsection B, Acoustic Study, may be required to incorporate noise attenuation measures deemed necessary to ensure compliance with established noise standards.

1. New noise sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level within those established in Table 8-7: Maximum Allowable Noise Exposure from Transportation Sources, of the General Plan.

2. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.

3. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers may be required only after all feasible design -related noise measures have been incorporated into the project.

§ 17.76.120. Vibration.

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Machinery used for manufacturing and industrial processes, including oil and gas collection, processing, and distribution must be designed and housed to ensure that vibration will be reduced to a minimum amount discernible without the aid of instruments by a reasonable person at the lot lines of the site.

A. Development Near Railroads. A vibration study shall be required for any proposed development within 200 feet of a railroad track. Measures may be required to ensure that vibration impacts remain below acceptable levels.

B. Exemptions. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

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CHAPTER 17.84

STANDARDS FOR SPECIFIC USES AND ACTIVITIES

§ 17.84.010. Purpose and Applicability.

A. Purpose. The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in some or all zones. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.

B. Applicability. Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this Zoning Code requires in the zone where the use or activity is proposed and all other applicable provisions of this Zoning Code.

1. Uses that are subject to the standards in this chapter are allowed only when authorized by the base district regulations, except where this chapter establishes a different planning permit requirement for a specific use.

2. When there is a conflict between the provisions of this chapter and a Use Permit which was granted prior to the effective date of this Zoning Code, the Conditional Use Permit (see § 17.100.100, Conditional Use Permit) shall prevail.

§ 17.84.020. Accessory Uses.

Accessory uses shall be those customarily appurtenant to a permitted use and shall be clearly incidental to and in support of the permitted use. Accessory uses are typically not greater than 20% of the floor area of the primary structure or use (see "Accessory Use" in Chapter 17.136, Definition of Terms).

Unless otherwise noted in Tables 17.28.020 -1, Use Regulations - Downtown Zones through 17.44.020-1, Use Regulations - Public and Open Space Zones or in other sections of this chapter, accessory uses are permitted if the principal use is permitted and require a permit if the principal use requires a permit.

§ 17.84.030. Accessory Dwelling Units.

A. Purpose. The purpose of this section is to provide reasonable regulations for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in certain areas and on lots developed or proposed to be developed with single-family residential dwellings, duplexes, and multiple-family units dwellings. Such accessory dwelling units contribute needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the City. In addition, the regulations in this section are intended to promote the goals and policies of the City's General Plan and comply with requirements codified in the State Planning and Zoning Law related to accessory dwelling units in residential areas, including Chapter 13 of Division 1 of Tit le 7 of the California Government Code. CaliforniaGovernment Code §§ 65852.2 and 65852.22.

B. Effect of Conforming Accessory Dwelling Unit. An accessory dwelling unit that conforms to this section shall:

1. Be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located;

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2. Be deemed a residential use that is consistent with the General Plan and the zoning designations for the lot on which the ADU or JADU is located;

3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth;

4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service; and

5. Not be required to correct a nonconforming zoning condition, as defined in Section

17.84.030.C.6, Definitions, below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

C. Definitions.
"Accessory dwelling unit (ADU)" means a residential dwelling unit that is either attached to, or located within, the proposed or existing primary dwelling (s), including attached garages, storage areas or similar uses, or an accessory structure detached from the proposed or existing primary dwelling(s) and located on the same lot as the proposed or existing primary dwelling(s), including detached garages and that provides independent living facilities for one or more persons. An accessory dwelling unit also includes:

1. An efficiency unit, as defined in California Health and Safety Code § 17958.1; and

2. A manufactured home, as defined in California Health and Safety Code § 18007. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multifamily dwelling is or will be situated.
"Efficiency kitchen" means a kitchen that includes each of the following:

1. A cooking facility with appliances.
a. A food preparation counter or counters that are of reasonable size in relation to the size of the junior accessory dwelling unit; and
b. Food storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. Is no more than 500 square feet in size;

2. Is contained entirely within an existing or proposed single -family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure to allow bathroom access from the main house, in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and

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5. Includes an efficiency kitchen, as defined in subsection C.3, Definitions. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Locations Permitted. Accessory dwelling units and junior accessory dwelling units are permitted in all zones that allow for any single-family or multifamily residential uses, including the downtown and corridor mixed- use districts if they allow for any residential use.

E. Approvals. Before constructing an ADU or converting an existing structure or portion of an existing structure or residence to an ADU or JADU, the applicant shall obtain permits in accordance with the requirements of this Section.

1. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.

2. Building Permit Only Approval. An applicant shall not be required to submit an application for an ADU Permit under subsection E.3, ADU Permit Review, and may instead seek Building Permit (see Section 17.100.130, Building Permit) only approval for an ADU or JADU, or both, where the proposal satisfies the requirements of California Government Code § 65852.266323, as the same may be amended from time to time, the California Building Standards Code, as amended by the City, and any other applicable laws. The following are categories of ADUs and JADUs that shall be approved under this subsection E.2, Building Permit Only Approval:
a. Converted Space or Structure on Single -Family Lot. Only one ADU as described in this subsection E.2.a, Converted Spaced or Structure on Single-Family Lot, and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; ii. Has exterior access that is independent of that for the single-family dwelling; iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

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iv. The JADU complies with the requirements of California Government Code § 66333 through 6633965852.22.
b. Limited Detached on Single -Family Lot. One detached, new -construction ADU on a lot with a proposed or existing single -family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection E.2.a, Converted Spaced or Structure on Single-Family Lot, above), if the detached ADU satisfies the following limitations):
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection F.2, Height, below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages:
i. If each converted, ADU complies with state building standards for dwellings. ii. At least one converted ADU is allowed within an existing multifamily dwelling structure, but the number of ADUs created under this subsection E.2.c, Converted on Multifamily Lot, may not exceed 25% of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side - and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The total floor area is 800 square feet or smaller. iii.ii. The peak height above grade does not exceed the applicable height limit provided in subsection F.2, Height.
iv.iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does shall not exceed the number of primary dwelling units on the lot.

3. ADU Permit Review.
a. The Director or designee shall administratively (ministerially) review and approve an ADU permit application filed pursuant to subsection E.5, Application Requirements and shall not require a public hearing, provided that the submitted application is complete and that the ADU complies with the requirements contained in that section and any other applicable law.
b. Except as allowed under subsection E.2, Building Permit Only Approval, no ADU may be created without a Building Permit (see Section 17.100.130, Building Permit) and an ADU permit in compliance with the standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements. c. Discretionary Additional review for an ADU permit application is required as a result of noncompliance with standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements, and shall be subject to the review requirements in subsection E.7I, Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures ADUs That Do N ot Qualify for

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Ministerial Approval.

4. ADU Permit Application Process and Timing.
a. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved unless the following:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. If the permit application to create an ADU or JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single -family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
b. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant.

Notice of denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection E.4.a.
c. A permit to demolish a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

5. Application Requirements.
a. Applications for an accessory dwelling unit permit shall be made in writing by the property owner or his or her authorized agent, on forms provided by the Community Development Department, and accompanied by such data and information as may be necessary to fully describe the request including:
i. Name and address of the applicant.
ii. Owner-Builder Acknowledgment and Information Verification Form. iii. Assessor's parcel number(s) of the property.
iv. Plot Plan (drawn to scale) in sufficient detail to clearly describe:
(A) Physical dimensions of the property.
(B) Location and dimensions of all existing and proposed structures, walls, and fences.
(C) Location and dimensions of all existing and proposed easements, drainage structures, and utilities.

(D) Location, dimensions, and names of all adjacent roads, whether public or private.
(E) Setbacks.
(F) Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas, and parking structures.
(G) A narrative description of architectural treatments proposed for the ADU.

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v. Floor Plans. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted. For an attached ADU, the plans must include the primary dwelling as well.
vi. Elevations of all sides of the exterior structure and show all exterior structures, all architectural projections, and all openings for both the primary residence and the proposed ADU including building dimensions, and material call outs. vii. A color and materials sample board as requested by the Director. viii. Color photographs of the exterior of the primary residence as requested by the Director.
ix. Construction Management Plan. Construction hours and staging to minimize impacts on surrounding residential properties, as requested by the Director. b. The filing and review fee shall be as prescribed by City Council resolution or ordinance.

The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance.

6.1. ADUs and Discretionary Approval.
a. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements, may be allowed by the City with a Zoning Administrator Permit in accordance with Section 17.100.090, Zoning Administrator Permit and Section

17.92.020.D, Zoning Administrator. If required, a noticed public hearing shall be held in accordance with Section 17.96.080, Public Notice and Section 17.96.090, Conduct of Public Hearing.
i. Applies to ADUs over 1,000 square feet and/or three bedrooms. ii.i. The maximum size of an ADU subject to this subsection E.6, ADUs and Discretionary Approval is 1,200 square feet, or three bedrooms. b.a. Findings. Before approval of the Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) granting the exception, the Zoning Administrator shall find that:
i. The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;

ii.i. If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;
iii.i. The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;
iv.i. Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;
v.i. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access, or parking of adjacent properties; and
vi.i. Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.

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7.1. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b.a. Unpermitted ADUs and JADUs Constructed Before 2020. i. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(A) The ADU or JADU violates applicable building standards; or (B)(A)The ADU or JADU does not comply with the State ADU or JADU law (California Government Code § 65852.2) or this section. ii.i. Exceptions.
(A) Notwithstanding subsection E.7.b.i, Permit to Legalize, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.
(B)(A)Subsection E.7.b.i, Permit to Legalize does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

F. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under Subsection 17.84.030.E.2, Building Permit Only Approval, or Subsection 17.84.030.E.3, ADU Permit Review:

1. Zoning.
a. An ADU or JADU subject only to a Building Permit under subsection E.2, Building Permit Only Approval, may be created on a lot in a Residential or Mixed-Use zone. b. An ADU or JADU subject to an ADU permit under subsection E.3, Height ADU Permit Review, may be created on a lot that is zoned to allow single -family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsection F.2.b, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. c. An ADU that is attached to the primary dwelling may occupy any level of the primary dwelling unit if it is designed as an integral part of the primary dwelling and a separate ingress and egress is provided. A height of 25 feet or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower shall apply to an ADU attached to a primary dwelling. Notwithstanding the foregoing, ADUs subject to this subsection F.2.c, may not exceed two stories.
d. An ADU above a detached structure located contiguous to an alley may be up to 25 feet in

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height.
e. For purposes of this subsection F.2, Height, height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days , except for one unit per parcel in zones where short -term rentals are allowe d, subject to approval through a Zoning Administrator Permit and the requirements in Section 17.84.340, Short-Term Rentals. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, except as otherwise provided in Government Code § 65852.2666341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Owner Occupancy.
a. ADUs are not subject to owner occupancy requirements. b. As required by State law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Building and Construction.
a. All ADUs and JADUs must comply with all local Building Code requirements. b. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
c. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local Building Code, as described in the California Building Code § 310, unless the Building Official or Code Enforcement Division makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

8. Deed Restriction. Prior to issuance of a Building Permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners.

The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code § 65852.26, the ADU or The JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes and applicable ADU and JADU requirements and standards.

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c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code.

If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Director or designee for the benefit of the City.

Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.266330, the following requirements must be satisfied:
a. With the Building Permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. See § 17.100.130, Building Permit.

b. By January 30 of each year after initial Building Permit issuance, the owner shall report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the City shall send a request for information to the owner.

G. Specific ADU and JADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection E.3, ADU Permit Review.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection G.1, Maximum Size, is 1,000 square feet. No more than two bedrooms are allowed. i. An ADU over 1 ,000 square feet or three bedrooms shall be subject to Zoning Administrator review as provided in subsection E.6I, ADUs That Do Not Qualify for Ministerial ApprovalADUs and Discretionary Approval. ii. No ADU shall exceed 1,200 square feet per subsection I.1.b E.6.a.ii. b. An attached ADU that is created on a lot with an existing primary dwelling shall not exceed 50% of the existing floor area of the primary dwelling. c. Exception. Application of other development standards such as size based on a percentage of the proposed or existing primary dwelling, FAR, lot coverage, front setbacks, minimum lot size, or open-space requirements for an attached or detached ADU may not require the an ADU that meets all the requirements of subsection 17.84.030.F, General ADU and JADU Requirements, to be less than 800 square feet or prevent the development of an 800 square-foot ADU on a qualifying lot.

2. Parking—General Requirement. Accessory dwelling units must meet the following parking standards.

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a. One off-street parking space is required for an ADU that is approved under subsection E.3, ADU Permit Review.
b. Parking configuration, if required:
i. The required parking spaces may be located in setback areas or tandem parking on an existing driveway unless specific findings are made under subsection G.2.b.ii. ii. Parking arrangements in subsection G.2.b.i, are not permitted if the Director (or designee) makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions. c. Exceptions. Parking standards shall not be imposed on an ADU in any of the following circumstances:
i. The ADU is located within one-half mile walking distance of public transit, including a public bus stop, bus station or transit station that charge set fares, run on fixed routes, and are available to the public.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the existing primary residence or an existing accessory structure under subsection E.2.a, Converted Space or Structure on Single-Family Lots.

iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided the ADU or the lot satisfies any other criteria listed in parking exception subsections G.2.c.i through v.
d. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

3. Setbacks.
a. An ADU that is subject to this subsection must conform to a 20-foot front yard setback, or the front setback imposed by the underlying zone, whichever is greater , except as otherwise allowed under subsection 17.84.030.G.1(c).
b. An ADU that is subject to this subsections G, Specific ADU and JADU Requirements must conform to four-foot side- and rear-yard setbacks. c. Alley Adjacent ADUs Adjacent to Nonresidentially Zoned Property. Side or rear yard setbacks adjacent to an alley or nonresidentially zoned property may be zero feet. Parking provided off the alley shall maintain a 24-foot back-out, which includes the alley. d. Garage and Accessory Building Conversion. No setback shall be required for a legally established, existing garage or accessory building that is converted to an ADU, provided the structure is not expanded under subsection E.2.a.i. Any expansion of the structure under subsection E.2.a.i is subject to side and rear setbacks of four feet. e. Addition Over a Garage. The four-foot minimum side and rear setback requirement of subsection G.3.b shall apply to the newly constructed portion of an ADU constructed

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above a legally established existing garage.
f. Roof Decks. All roof decks along the project perimeter and abutting residential uses shall be stepped back a minimum of five feet from the roof edge and a minimum of eight feet from the property line and shall include a minimum 42 -inch solid rail or parapet, so that they are oriented away from and screened to prevent direct views of abutting residential neighbors. Roof decks facing/adjacent to a right -of-way or alley are not required to be stepped back.

4. Lot Coverage.
a. No ADU subject to this subsection G, Specific ADU and JADU Requirements may cause the total lot coverage of the single -family lot to exceed 50%, except that an ADU that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all City development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor area ratio, and open space.
b. Rear Yard Coverage. An ADU shall not result in more than 30% rear yard coverage as measured from the rear wall of the primary residence to the rear property line (or as measured from the average distance of the rear wall from the rear property boundary if the rear wall does not follow a straight line). Except that an ADU that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all City development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor area ratio, and open space.

5. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match or be harmonious with the appearance andthe architectural design of the primary dwelling. b. The exterior lighting must be limited to down -lights or as otherwise required by the Building or Fire Code.
c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
d. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. e. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
f. All second-story windows and doors in a second unit that are less than 30 feet from a property line that is not a right -of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
g. Access stairs, entry doors and decks must face the primary residence or the alley, if applicable.
h. A garage converted to an accessory dwelling unit shall include removal of garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details.
i. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the Federal, State, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of Interior.

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6. Landscape and Screening Requirements.
a. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels when there is direct adjacency of the ADU to an existing primary dwelling on an adjacent parcel in which there is no screening as follows:
i. At least one five-gallon size plant shall be provided for every five linear feet of exterior wall.
ii. As an alternative, a solid fence of at least six feet in height may be installed along a side or rear yard in compliance with fencing standards.

b. All landscaping must be drought-tolerant.

7. Other.
a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire authority. b. Each unenclosed parking space shall be at least eight and one-half feet wide and 18 feet long. c. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and one-half feet vertical clearance.

H. Fees. The following requirements apply to all ADUs that are approved under subsections E.2, Building Permit Only Approval, and E.3, ADU Permit Review.

1. Impact Fees.
a. For purposes of this subsection, "impact fee" means a "fee" under the Mitigation Fee Act (California Government Code § 66000(b)) and a fee under the Quimby Act, California Government Code § 66477. "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. c. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).

I. ADUs That Do Not Qualify for Ministerial Approval.

1. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections F, General ADU and JADU Requirements, and G, Specific ADU and JADU Requirements,herein, and thus does not qualify for ministerial approval under subsection E.2, Building Permit Only Approval or E.3, ADU Permit Review, may be allowed by the City with a Zoning Administrator Permit in accordance with Section 17.100.090, Zoning Administrator Permit and Section 17.92.020.D, Zoning Administrator. If required, a noticed public hearing shall be held in accordance with Section 17.96.080, Public Notice and Section 17.96.090, Conduct of Public Hearing.
a. Applies to ADUs over 1,000 square feet and/or three bedrooms. b. The maximum size of an ADU subject to this subsection I,E.6, ADUs That Do Not Qualify for Ministerial Approval , and Discretionary Approval is 1,200 square feet , or three bedrooms.

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2. Findings. Before approval of the Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) granting the exception, the Zoning Administrator shall find that:
a. The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;

b. If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;
c. The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;
d. Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;
e. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access, or parking of adjacent properties; and
f. Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.

J. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs and JADUs Constructed Before 2020.
a. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

i. The ADU or JADU violates applicable building standards; or

ii. The ADU or JADU does not comply with the State ADU or JADU law (California Government Code § 65852.2) or this section.
b. Exceptions.

i. Notwithstanding subsection J.2.a, E.7.b.i, Permit to Legalize, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.

ii. Subsection J.2.a, E.7.b.i, Permit to Legalize does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3. d.

2. Utility Fees and Connection.
a. If an ADU is constructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required pursuant to Government Code

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§ 65852.2(f)(4) and (f)(5).
b. Except as described in subsection H.2.a, converted ADUs on a single -family lot that are created under subsection E.2.a, Converted Space or Structure on Single-Family Lot are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required. c. Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b, require a new, separate utility connection directly between the ADU and the utility. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

§ 17.84.040. Adult Businesses.

A. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:

1. "Adult business" — means and includes all of the following types of establishments:
a. "Adult bookstore" — means a business which as a regular and substantial course of conduct offers for sale or rent books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, discs, slides, or other visual representations whose dominant or predominant character and theme is the depiction or description of specified sexual activity or specified anatomical areas, as defined in this section.
b. As defined in this subsection, "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
i. The proportion of the business' merchandise which depicts or describes specified sexual activity, specified anatomical areas or is a nonprescription, non-contraceptive sex-incitement device; and
ii. The percentage of the business' revenues which are attributable to the sale or rental of merchandise which depicts or specifies sexual activity, specified anatomical areas or is a nonprescription, non-contraceptive sex-incitement device. c. "Adult entertainment business" is a business where any of the following conditions exist:
i. The business devotes or intends to devote more than 25% of its retail inventory (not as measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise whose dominant or predominant character and theme is specified sexual activities or specified anatomical areas, hereafter referred to as "sexually explicit."
ii. The business devotes or intends to devote more than 25% of the retail floor area to sexually explicit merchandise.
iii. The business has not segregated or intends not to segregate in one location in the

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§ 17.84.050. Agricultural Production, Light.

A. Accessory Use Only. Agricultural production is allowed as an accessory use only.

B. Location. Active agricultural uses may not be located within 500 feet of sensitive uses including residential, food production, clean tech, schools, day cares, and other places of assembly.

C. On-Site Retail Sales. Retail sales of agricultural products grown on the premises may be considered with a Zoning Administrator Permit. Review of any temporary structures, access, and parking related to on-site retail sales will be considered in the Zoning Administrator Permit review. See § 17.100.090, Zoning Administrator Permit.

D. Permanent Structures. Any on -site permanent structure must be related to the primary use.

Permanent structures associated with this use are not permitted.

E. Pesticide Use.

1. Application of all pesticides and chemicals shall follow the State of California guidelines and the County of Yolo Agricultural Weights and Measures permit requirements.

2. Pesticide use is subject to the Agricultural Commissioner of the California Department of Pesticide Regulation.

3. Pesticide use requires a minimum one -quarter-mile buffer from any school and 50 -foot buffer from any other use.

§ 17.84.060. Alcoholic Beverage Sales.

A. Purpose. Establishments which serve alcoholic beverages receive special attention from the City because of their potential to create problems, such as littering, loitering, public intoxication, and disturbances. All establishments selling alcoholic beverages are reviewed by the City. The following provisions provide minimum development standards for alcoholic beverage sales. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety, and welfare of residents by further awareness of laws relative to drinking.

B. Public Convenience and Necessity.

1. Any person whose application for an on -sale or off -sale alcohol license is required by the Alcoholic Beverage Control Board of the State of California (ABC) to be subject to a determination of public convenience or necessity (PCN determination) by the City, shall apply to the City for a determination of whether public convenience or necessity would be served by the granting of such license. Refer to the PCN review requirements below in subsection C, Requirements for On-Sale Liquor Establishments.

2. Such application shall be on forms provided by the City and contain such information as required by the City and shall be accompanied by payment of a fee.

3. The PCN application shall include a written statement from the applicant demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of the license from the ABC. See subsection G, Review of PCN Applications.

C. Requirements for On-Sale Liquor Establishments.

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1. Permit Required. Unless otherwise specified, restaurants with alcohol sales, bars, nightclubs, and lounges, and alcoholic beverage retail sales establishments, shall not be established without first securing a Conditional Use Permit (see § 17.100.100, Conditional Use Permit) as required in the applicable base zone.
a. Exceptions. The following uses do not require a Conditional Use Permit:
i. Veterans' clubs and fraternal organizations.
ii. Full-service restaurants, defined as having gross receipts for food constituting 51% of all sales, that do not sell alcohol past 10:00 p.m.
iii. Membership organizations and clubs that are restricted to members and guests only. iv. Non-profit temporary licenses.
v. One-day on-sale licenses pursuant to California Business and Professions Code § 24045.1.
vi. Hotels or motels that offer complimentary drinks to their guests.

2. Operational Statement Required. Applicants shall submit an operational statement which shall include, but not be limited to the following:
a. Information as to persons doing business under fictitious names, members of partnerships, and officers of corporations or associations.
b. Exhibits that include a site plan and floor plan.
c. An evacuation plan in case of emergency (bars and nightclubs). d. Hours of operation.
e. Security plan (including efforts to ensure that the parking area is monitored to prohibit loitering and crowding and line control).

3. Development Standards. The following standards apply to all on-sale liquor establishments. a. Parking Areas. The designated parking area shall be oriented away from residences as much as possible and shall be clearly shown on the site plan. b. Noise. Noise levels shall be monitored to ensure compliance with all applicable noise standards.
c. Security. The Police Department shall review security measures for each application, and measures shall be based upon the function of the establishment as described in the operational statement. Additional and/or security measures such as reduced hours of operation, security guards, door monitors, alarm systems, may be required if nuisance or related problems are demonstrated to occur as a result of business practices or operations. d. Loitering. The owner and/or proprietor and/or operator of the establishment is responsible to provide supervision to prevent loitering in the immediate vicinity of the establishment. e. Tasting Rooms.
i. The tasting room use will be accessory to a restaurant or retail sales facility.

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ii. Outdoor dining and seating may be conducted as an accessory use located on the same parcel, on a contiguous adjacent parcel, or on a public right -of-way immediately adjacent to the tenant space subject to a City -issued encroachment permit.
iii. Outdoor dining and seating shall comply with all applicable adopted City design standards. See § 17.84.270, Outdoor Display, Sales, and Dining. iv. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the public sidewalk or right -of- way. Outdoor dining shall remain clear of litter at all times. v. The hours of operation of the outdoor dining and seating shall be limited to the hours of 8:00 a.m. and 10:00 p.m. If open later than 10:00 p.m. and/or within 500-feet of a residential use, a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) is required, in compliance with Table 17.84.060.C -1:

Separation of Use and Time Standards for On-Sale Liquor Establishments Outside of the Downtown.
vi. Products offered for tasting and sale may include wine, beer, olive oil, cheese, and or other specialty retail products.
vii. Outdoor events would be subject to a City-issued Special Event Permit.

4. Separation of Use and Time Standards Outside of the Downtown. Table 17.84.060.C -1:

Separation of Use and Time Standards for On -Sale Liquor Establishments Outside of the Downtown identifies the separation from residential uses and serving time requirements for all on-sale liquor establishments outside of the Downtown zones.

Table 17.84.060.C-1: Separation of Use and Time Standards for On-Sale Liquor Establishments Outside of the Downtown

Use
1 Time to Stop Sales or
Service of Alcohol
Separation From
Residential
2 Restaurant, Indoor Dining (should a restaurant
seek to stay open after 10:00 p.m. it shall require
additional use permit review and be subject to
separation standards for a bar)
3 10:00 p.m. N/A
Outdoor Dining (should the outdoor dining be
proposed to be open after 10:00 p.m. or be within
500-ft of a residential use or zone, a Zoning
Administrator Permit is required)
10:00 p.m. N/A if closed by 10:00
p.m.; 500 feet if open
after 10:00 p.m.

Tasting Room (should a tasting room seek to stay
open after 10:00 p.m., or serve alcoholic beverages
other than beer and wine, it shall require additional
use permit review and be subject to separation
standards for a bar)
10:00 p.m. N/A
Bar 2:00 a.m. 500 feet

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Time to Stop Sales or
Service of Alcohol

Table 17.84.060.C-1: Separation of Use and Time Standards for On-Sale Liquor Establishments Outside of the Downtown

Use
1 Nightclub (whether or not they serve alcoholic
beverages)
Separation From
Residential
2 2:00 a.m. 500 feet

Notes:
1 Subject to base zone requirements and performance standards.

2 Minimum horizontal distance measured between the building, or portion of the building, occupied by the alcohol use, and the closed property line of the planned or zoned residential use, not including a residential portion of a vertical missed-use development or project. 3 Multiple uses on site, as example, a restaurant that becomes a nightclub after a set time, may have separate permit for the specific uses.

D. Requirements for Off-Sale Liquor Establishments.

1. Applicability.
a. New or Expanded Use.
i. Any proposed new establishment or existing establishment that requests to expand their alcohol or business license type(s), reinstate their alcohol or business license(s) after an expiration or revocation, extend their hours of operation, or expand their floor area, shall obtain a Zoning Administrator Permit (see Section 17.100.090, Zoning Administrator Permit) or Conditional Use Permit (see Section 17.100.100, Conditional Use Permit) as provided for in the zone - specific use regulations issued in compliance with the standards of this section.
ii. A modification to an existing establishment shall not be approved when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area.

2. Development Standards.
a. Concurrent Sale of Fuels and Off -Sale Liquor Establishments. The following additional standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:
i. Only beer and wine may be sold;
ii. The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals, or brochures at points of purchase. In addition, the owner and management shall provide adequate

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training for all employees at the location as to these matters; iii. No displays related to alcoholic beverages shall be located within five feet of any building entrance or checkout counter;
iv. Cold beer or wine shall be sold or displayed in the main, permanently affixed electrical coolers only;
v. No advertising related to alcoholic beverages shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas; vi. Employees selling beer and wine between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age; and
vii. No sale of alcoholic beverages shall be made from a drive-in window. b. General Standards for Off-Sale Facilities.
i. Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. Exterior lighting of the parking lot shall be kept at an intensity of at least one foot-candle. However, required illumination shall be placed and/or shielded in a way that minimizes light and glare on adjacent residences or sensitive uses. ii. Litter and Graffiti.
(A) Trash and recycling receptacles, that meet City design standards, shall be provided by public entrances and exits from the building. (B) The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. (C) The owners or operator shall remove graffiti within 48 hours. iii. Location.
(A) No off-sale liquor establishment outside of the Downtown shall be maintained within 500 feet of any other establishment where alcoholic beverages are sold for both off -site and on -site consumption or such consideration points as schools (public and private), established churches or other place of worship, hospitals, convalescent homes, public parks, and playgrounds and/or other similar uses. The distance of 500 feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points.
(B) No off -sale liquor establishment may lead to a grouping of more than four establishments within a 1,000 foot radius.
(C) Establishments shall not be located in areas of undue concentration, or areas of high crime, as defined by the California Business and Professions Code

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§ 23958.4(a)(1) and (2), and as determined by the Department of Alcoholic Beverage Control, unless a determination of public convenience or necessity (PCN) is approved.
iv. Adult Printed Matter. Adult magazines and all printed matter coming within the definition of the California Penal Code § 313 shall be located for sale only behind the counter and shall be stored in racks covered by modest panels. v. Noise. Noise levels shall not exceed required noise standards. vi. Display. No beer or wine shall be displayed within five feet of the front door unless it is in a permanently affixed cooler.
vii. Plastic Cup Sales. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

3. Staff Requirements for Off -sale Liquor Establishments. It shall be the responsibility of the applicant licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to, the following topics and skills development:
a. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws. b. The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle.
c. Methods for dealing with intoxicated customers and recognizing underage customers.

E. Nonconforming Liquor Establishments and Improvements to Nonconforming Liquor Establishments.

1. Existing Uses.
a. Nonconforming. Existing establishments that have been legally established under previous regulations, but do not conform to current law, may continue to operate as a recognized use pursuant to Chapter 17.80, Nonconforming Provisions. b. Loss of Nonconforming Status. Changes to an existing use that could cause the loss of nonconforming status are, but not limited to the following:
i. When a business closes for six continuous months;
ii. Change of use (e.g., from restaurant to nightclub), or is a single use would like to establish multiple uses;
iii. An increase of floor area (including patio area) for existing use; and iv. Request to modify manner of operation, change in type of business, or character of operation.
c. When a nonconforming status is lost, any subsequent use must be consistent with current zoning and land use regulations and a new permit is required.

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d. Any use wishing to expand that previously did not have a use permit shall obtain a use permit issued in compliance with the standards of this section.

2. Non-Operation. Whenever all of the rights granted by a use permit are discontinued, the following rules to reestablish the use shall apply:
a. One Year or Less. The same or different operator my reestablish the use pursuant to the preexisting use permit and all conditions applicable thereto. b. More Than One Year. A new permit is required.

F. Existing Establishments Selling Alcoholic Beverages (On-Sale and Off-Sale). Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this section and licensed by the State of California for the retail sale of alcoholic beverages of on-site and/ or off-site consumption, shall obtain a modification of its Conditional Use Permit (see § 17.100.100, Conditional Use Permit) or Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit) when:

1. The establishment changes its type of liquor license within a license classification; and/or

2. There is a substantial change in the mode or character of operations.

G. Review of PCN Applications.

1. Upon receipt of an application for a PCN determination, the application shall be reviewed by the Police Department, Code Compliance staff, Building Division, and any other City departments that the Director believes appropriate for review and comment. The Director may request from the applicant any additional pertinent information regarding the applicant, the proposed license, or the applicant premises.

2. The police chief or designee shall determine whether there are existing problems regarding criminal activity at the applicant premises or in the area surrounding the applicant premises.

Also, the police department shall comment on whether issuance of the license would tend to create a law enforcement problem. If the department determines that law enforcement problems exist, or that such problems would be created in the event an alcoholic beverage license is issued, a written report of the problems and a recommendation shall be given to the Director.

3. The Director shall determine whether the applicant premises are located in the appropriate land use designations and have received all required entitlements to permit the type of alcoholic beverages sales described in the application. No PCN shall be approved if the applicant premises are not within the appropriate land use designation or do not have all necessary land use entitlements.

4. The Director, in conjunction with the Code compliance coordinator, shall determine whether there are pending Code enforcement actions regarding the applicant premises. If it is determined that there is a pending or ongoing Code enforcement action involving the applicant premises, no PCN determination may be made by the department until the investigation is completed and all Code issues are resolved.

5. Any other City department that has received a request from the Director to review the application shall file its comments and, if appropriate, its recommendation on the application with the department.

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6. The Director shall contact the ABC to determine whether any protests were lodged with the ABC in relation to the applicant's request for a license from the ABC.

7. Based on an evaluation of all timely submitted written findings, comments, and the factors that may be considered, as set forth in § 17.84.060, Alcoholic Beverage Sales, the Director shall make a determination on whether public convenience or necessity will be served by the ABC's issuance of an alcoholic beverage license for the applicant premises and whether to issue or deny a letter of public convenience or necessity.

H. Issuance of a PCN Determination.

1. In all cases in which an applicant applies for a PCN determination, the Director may exercise their discretion to issue or deny issuance of a letter of public convenience or necessity. In exercising their discretion, the Director shall consider the following factors:
a. The type of proposed use by the applicant;
b. Whether the proposed use will be detrimental to the health, safety, and welfare of the community;
c. Whether the use would enhance the economic viability of the area in which it is proposed to be located;
d. The extent of support or opposition to the proposed license from members of the community;
e. The number of licenses within a one-mile radius of the proposed licensed location; f. The type of licensed premises within a one -mile radius of the proposed licensed location and the extent to which the proposed license would cause a further overconcentration of that particular type of premises in the area;
g. The background and the history of the applicant's operations, including the nature and extent of problems on any premises where he or she has operated a licensed premises in the past;
h. Whether the applicant has ever been convicted of any offense involving moral turpitude or any offense related to the sale or use of alcoholic beverages; i. How close the proposed establishment will be to a residential neighborhood, place of worship, or school;
j. Whether there is a history of police or crime -related problems in the area proposed for a license; and
k. Whether the proposed license would enhance recreational or entertainment opportunities in the area.

2. The Director may determine that the PCN will be met and the health, safety or welfare of the community will be promoted only if certain conditions are imposed upon the operations of the licensee. The conditions may cover any matter relating to the privileges to be exercised under the license. If a letter is issued with conditions applied, it shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are met by the applicant.

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3. The Director shall provide a comment period of no less than 10 calendar days prior to final approval of a letter of public convenience and necessity, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the Planning Commission to consider the application.

4. The final PCN determination shall be issued in writing by the Director who will author a PCN determination stating whether the Director finds public convenience and necessity will or will not be served by the issuance of a license from the ABC. The written determination shall be served by mail upon the applicant and the ABC within 15 business days of the decision of the Director.

5. No letter of public convenience or necessity shall be issued by the Director pursuant to this article unless the applicant agrees, in writing, that if the ABC issues a license to sell alcoholic beverages, the license will be subject to all conditions imposed as part of the PCN determination at all times the license is in use and in effect.

I. Expiration—No Transfer of a PCN Determination.

1. A PCN determination in support of the issuance of a license from the ABC is only valid for one year from the date of the Director's action and the PCN determination shall so state. If no license to sell alcoholic beverages has been issued to the applicant for the applicant premises, within one year of issuance of a favorable PCN determination, the City's PCN determination shall be deemed withdrawn without the need for further action by the Director or the applicant, and the applicant must reapply if he or she seeks another PCN determination.

2. Except as provided in California Business and Professions Code § 23958.4, the PCN determination is not transferable to any other applicant or proposed licensee. Unless permitted by California Business and Professions Code § 23958.4, any proposed licensee for the same premises must submit a new application and follow the procedures for issuance of a PCN determination in this section. Nothing in this section precludes the City from protesting the issuance of a license from the ABC pursuant to other sections of the Alcoholic Beverage Control Act, including, but not limited to, § 23958.

J. Revocation. In the event of a violation of any of the conditions imposed on an applicant or the applicant premises in accordance with this section, the Planning Commission may, after public notice and hearing, revoke any letter of public convenience or necessity issued regarding the applicant or applicant premises. Upon revocation, the applicant shall not continue to sell alcoholic beverages at the applicant premises. The determination of the Planning Commission shall become final 10 days after the date of decision unless appealed to the City Council. The revocation shall be reported to the ABC.

§ 17.84.070. Alternate Energy Sources.

A. Purpose. To encourage and promote the use of alternate energy sources by providing solar and wind access protection.

B. Solar Energy Collection Systems.

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1. When a solar energy collection system is installed on a lot, any accessory structure or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy.

The portion of the solar collector that is protected is that portion which:
a. Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by any hypothetical 12-foot obstruction located on the lot line; and b. Has an area of not greater than one-half of the heated floor area of the structure, or the largest of the structures, served.

2. This section does not apply to accessory structures or vegetation existing on an abutting lot at the time of the installation of the solar energy collection system, or on the effective date, whichever is later. This section controls any accessory structure erected on, or vegetation planted on, abutting lots after the installation of the solar energy collection system.

3. A copy of the Building Permit for the solar energy collection system shall be kept on file in the Community Development Department and the date the Building Permit is issued shall be the effective date. The solar facility must be completed and have a final inspection, approved by the Building Inspector, within one calendar year from the date the Building Permit is issued. See § 17.100.130, Building Permit.

4. Ground-mounted solar energy collections systems shall be screened from public view and, unless in the Industrial zone, shall be located on the rear half of the property and shall meet applicable setback standards.

C. Clotheslines. It is unlawful to establish any private covenant or restriction which prohibits the installation and/or use of a clothesline in any residential zone.

D. Wind Energy Conversion Systems (WECS). Wind energy conversion systems shall be permitted in all zones subject to the following requirements:

1. Building Permit Application for a WECS. Building Permit applications (see § 17.100.130, Building Permit) for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:
a. Property line and physical dimensions of the site;
b. Locations, dimensions, and types of existing structures, and uses on site; c. Location of the proposed WECS;
d. Location of all above-ground utility lines on site or within one radius of the total height of the WECS; and
e. Location and size of the largest structure taller than 35 feet or tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a 500 -foot radius of the proposed WECS.

2. General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:
a. Size. This section covers those WECS whose swept area is 500 square feet or less. For conventional propeller WECS, this would be approximately 25 feet in diameter.

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b. Compliance with Uniform Building Code. Building Permit applications (see § 17.100.130, Building Permit) shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings.

The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Uniform Building Code. Drawing and engineering calculations shall be certified in writing by a California -registered structural engineer. This certification can be supplied by the manufacturer. Where the structural components of an installation vary from the standard design or specification, the proposed modifications shall be certified by a California - registered structural engineer for compliance with the seismic and structural design provisions of the Uniform Building Code.

All equipment and materials shall be used or installed in accordance with such drawings.

The above certifications by a California -registered structural engineer shall be deemed to satisfy all applicable requirements of the Uniform Building Code. c. Compliance with National Electrical Code. Building Permit applications (see § 17.100.130, Building Permit) shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Lightning Arrestors), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators), and 450 (Transformers and Transformer Vaults) of the National Electrical Code. The application shall include a statement from a California-registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the National Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California- registered electrical engineer for compliance with the requirements of the National Electrical Code and good engineering practices. The above certification by a California - registered electrical engineer shall be deemed to satisfy all applicable requirements of the National Electrical Code.
d. Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered engineer certifying that the rotor and over-speed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors. The certification can be supplied by the manufacturer.
e. Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any above -ground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.
f. Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high located not closer than eight feet from the ground.

Other towers should have either:

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i. Tower-climbing apparatus located not closer than 12 feet from the ground; ii. A locked anti-climb device installed on the tower; or iii. The tower shall be completely enclosed by a locked, protective fence at least six feet high.
g. Noise. The WECS shall meet the requirements of the Noise Element of the General Plan. h. Electromagnetic Interference. A wind energy conversion system shall comply with the provisions of 47 C.F.R., Parts 15 and 18. The wind energy conversion system shall be operated such that no harmful interference is caused. When notified by the City Building Inspector that a wind energy conversion system is causing harmful interference, the operator shall promptly take steps to eliminate the harmful interference. i. Signs. At least one sign shall be posted at the base of the tower warning of high voltage.

The sign shall also include emergency phone number and emergency shutdown procedures.
j. Utility Notification. No wind turbine shall be interconnected with a utility company's grid until said company has been notified in accordance with procedures established by the California Public Utilities Commission.
k. Height. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a 200 -foot radius. If an obstruction is within a 201 - to 500-foot radius, the lowest part of the WECS shall be 10 feet above it. l. Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any property lines, except as provided for under subsection D.2.e, Guy Wires. m. Abatement. If a wind energy conversion system or systems are not maintained in operational condition and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned, the system shall be removed within 30 days of written notice to the owner or operator of the system. n. Liability Insurance. The applicant, owner, lessee, or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum $300,000 property and personal liability coverage.

§ 17.84.080. Animal Keeping.

A. Purpose. The purpose of this section is to provide development standards for animal keeping and to minimize potential adverse effects related to the keeping of animals on adjoining property.

B. Additional Regulations Related to Animal Keeping. All regulations established in Woodland Municipal Code Chapter 6.08, Domestic Animal Keeping, apply to the keeping of animals in the City and should be consulted together with this section.

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C. Noncommercial Animal Keeping.

1. Livestock and Domestic Fowl Prohibited Generally. It is unlawful for any person to maintain within the City, or permit to be kept or maintained upon land belonging to such person, any cattle, horses, swine, sheep, goats, geese, ducks, turkeys, roosters, and other poultry and fame birds, except as specifically permitted under provisions of Woodland Municipal Code Section

6.08, Domestic Animal Keeping.

2. Miniature Pigs. The noncommercial raising of miniature pigs (Vietnamese pot -bellied pigs) shall comply with the standards of Woodland Municipal Code Section 6.08.040.C, and the following standards:
a. In the R-1 Zone. Not more than three miniature pigs on lots of not less than 20,000 square feet.
b. In the N-P, RL-M, and R-M Zones.
i. Not more than one miniature pig on a lot between 7,200 and 19,999 square feet. ii. Not more than two miniature pigs on lots not less than 20,000 square feet. c. Any person having charge, care, custody, or control of any miniature pig shall keep such pig exclusively upon his or her own premises.
d. The miniature pig must be kept in an enclosure that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line, and no closer than 35 feet from any dwelling unit other than on the subject lot.

D. Poultry. Crowing fowl are not permitted. Refer to Woodland Municipal Code Section 6.08.030, Keeping of chickens, pigeons, or rabbits.

E. Small Animals. Rabbits, frogs, guinea pigs, parakeets, chinchillas, dogs, cats, or other similar small animals. The raising or breeding shall comply with the following Woodland Municipal Code Section

6.08, Domestic Animal Keeping, and the standards below:

1. A total of not more than four small animals, or a combination thereof, may be kept and maintained in a clean and sanitary pen or structure.

2. Animals must be kept and maintained in an enclosed area.

3. The keeping of such animals shall not create a health or nuisance problem.

F. Kennels and Stables.

1. Kennels for dogs and cats, shall be located no closer than 200 feet from any property line, shall provide automobile and truck ingress and egress, and shall provide parking and loading spaces so designed to minimize traffic hazard and congestion.

2. Kennels and stables are subject to all other standards for accessory structures.

3. Proponents shall show that odor, dust, noise, and drainage shall not constitute a nuisance or hazard to adjoining property or uses.

G. Animal Hospital, Commercial Animal Boarding, Kennels, Pet Day Care. Animal hospitals and veterinarian hospitals, and commercial animal boarding and/or pet day care shall be located no closer

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than 150 feet from any residential district, restaurant, hotel, or motel, in any district and shall show adequate measures and controls are taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.

H. Wild, Dangerous, Exotic and Prohibited Animals. The keeping of roosters, peacocks, geese, and any animal which requires a permit from the Department of Fish and Wildlife pursuant to the Fish and Game Code § 2118, is prohibited.

§ 17.84.090. Automobile/Vehicle Sales and Services Uses.

A. Automobile/Vehicle Service and Repair, Minor and Major. In addition to other applicable standards of this section, major and minor automobile/vehicle service and repair uses, as well as another other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, regardless of ministerial or discretionary entitlement, are subject to the following standards:

1. Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound -attenuating construction to absorb noise.

Air compressors and other service equipment shall be located inside a building. See also § 17.76.110, Noise.

2. Work Areas. All work shall be conducted within an enclosed building, with the exception of pumping motor vehicle fluids, mechanical inspections and adjustments not involving any disassembly.

3. Vehicle Storage. Vehicles being worked on, awaiting service, or pick up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Chapter 17.70, Screening Standards. Unattended vehicles, or vehicle parts, shall not be parked or stored in the street, or any portion of the public right-of-way within the City.

4. Design.
a. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties
b. Incorporate half screen walls in combination with landscaping to screen vehicles while allowing eye level visibility into a site.
c. A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a Residential zone or a residential use.
d. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.
e. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.
f. Lighting is designed to be low profile, indirect, or diffused and to avoid adverse impacts on surrounding uses.
g. Any washing area will not have an adverse impact on water supply and quality. h. Electric vehicle charging stations shall be added to each site consistent with § 17.68.060,

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§ 17.84.120. Commercial Cannabis Businesses.

A. Purpose. The purpose of this section is to impose zoning restrictions on commercial cannabis businesses in the City as authorized and/or licensed by the State of California pursuant to State law.

This section is not intended to, and does not, give any person or entity independent legal authority to operate a cannabis business. Rather, it is intended to impose zoning restrictions regarding cannabis businesses that may operate in the City pursuant to this Zoning Code and State law. This section is in addition to any other business license and regulatory requirements imposed on cannabis businesses by this Zoning Code or other applicable law.

B. Applicability. No part of this chapter shall be deemed to conflict with Federal law, as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or any other local, State, or Federal law, statute, rule, or regulation. Nothing in this chapter shall be construed to allow any conduct or activity relating to cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or State law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Yolo County District Attorney's office, the Attorney General of the State of California, or of the United States of America.

C. Planning Commission and City Council Review.

1. The Planning Commission shall review all Conditional Use Permit applications (see § 17.100.100, Conditional Use Permit) submitted pursuant to this section and provide a recommendation regarding approval to City Council.

2. The City Council is authorized to approve up to a maximum of six ten total Conditional Use Permits for cannabis businesses pursuant to this section.

3. In evaluating whether to recommend approval or approve a Conditional Use Permit application (see § 17.100.100, Conditional Use Permit) for a commercial cannabis business, the Planning Commission and City Council shall consider the following factors, in addition to all other requirements provided this section:
a. The type of proposed use by the applicant;
b. Whether the proposed use will be detrimental to the health, safety, and welfare of the community;
c. Whether the use would enhance the economic viability of the area in which it is proposed to be located, including adjacent and surrounding properties; d. Whether the applicant has adequately addressed potential community benefits of the use to offset potential adverse impacts;
e. The extent of support or opposition to the proposed use and location from members of the community, and applicant's plans to ensure strong community relations and compatibility with the surrounding neighborhood;
f. The number of cannabis uses located or proposed to be located within 1,000 feet of the proposed location;

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g. The extent to which the proposed use would cause a further overconcentration of that particular type of use in the area;
h. The background and the history of the applicant, including the experience and qualifications of the applicant and those persons involved in the management, oversight and day to day operations of the proposed use, the professional training and certifications of the applicant and/or persons involved in the management, oversight and day to day operations of the proposed use, and the nature and extent of problems on any premises where the applicant has operated a cannabis business in the past; i. Whether there is a history of police or crime -related problems in the area of the proposed location which may be exacerbated by establishment of the proposed cannabis use; and j. Whether the proposed license would enhance recreational or entertainment opportunities in the area.

4. The City Council is authorized to approve up to a maximum of six total Conditional Use Permits for commercial cannabis manufacturing, distribution and/or testing businesses pursuant to this chapter. The City Council is authorized to approve up to a maximum of four total Conditional Use Permits for cannabis retailers pursuant to this chapter.

5. The Director is authorized to administer reasonable guidelines and policies, including appropriate application periods for accepting requests for zoning approvals and use permits for cannabis retailers, consistent with this section, and evaluation and scoring criteria that may be used for the selection of cannabis retailers, in the event that the City receives more applications than the number of available Conditional Use Permits. The Director may use such evaluation and scoring criteria for making recommendations to the Planning Commission and City Council on the proposed uses.

6. The Director or City Council may address additional development and operational standards through conditions on the Conditional Use Permit (see § 17.100.100, Conditional Use Permit) as it determines necessary or appropriate for the cannabis retailer Conditional Use Permit under consideration, provided that any such conditions shall not conflict with operating requirements that may be applicable pursuant to other provisions of this Zoning Code.

D. General Conditions.

1. No cannabis business may operate in any zone in the City except as expressly permitted by and in conformance with the provisions of this section. No cannabis business may engage in the retail sales of cannabis unless expressly permitted or conditionally permitted pursuant to this section. No temporary cannabis events shall be permitted or conditionally permitted.

2. Any cannabis business permitted by this section must, prior to operating a cannabis business, obtain and maintain at all times a valid license issued by the State of California, as may be applicable, and any other local or regulatory licenses required by this Zoning Code. Any cannabis business operating without a valid license from the State of California shall cease operations until a valid state license is obtained, in addition to any other state and local requirements that may apply.

3. Pursuant to California Business and Professions Code § 26054(b), as may be amended, no cannabis business may be located within a 600 -foot radius of a school providing K through 12 instruction, a day care center or a youth center in existence at the time the license is issued.

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Additionally, no cannabis business may be located within a 600-foot radius of a public park. a. The City Council may make an exception if there is clear evidence based on considerations such as the separation of sensitive uses by a significant physical barrier, no expressed evidence of public concern, and the potential revitalization of an existing blighted condition, that there will be no public health, safety, or nuisance issues due to closer proximity of cannabis retail uses to an identified sensitive use.

E. Cannabis Manufacturing. Cannabis manufacturing may be permitted, subject to the requirements of this Zoning Code, including all applicable performance standards, and the granting of a Conditional Use Permit as provided for in the use tables of Chapters 17.24 through 17.48 and in § 17.100.100, Conditional Use Permits.

F. Cannabis Laboratories and Research. Cannabis laboratories and research facilities may be permitted, subject to the requirements of this Zoning Code, including all applicable performance standards, and the granting of a Conditional Use Permit as provided for as provided for in the use tables of Chapters 17.24 through 17.48 and in § 17.100.100, Conditional Use Permits. Cannabis laboratories and research facilities are prohibited from engaging in commercial cultivation, manufacturing, distribution, and sales of cannabis.

G. Cannabis Distribution Facilities. Cannabis distribution facilities may be permitted, subject to the requirements of this Zoning Code, including all applicable performance standards, and the granting of a Conditional Use Permit as provided for in the use tables of Chapters 17.24 through 17.48 and in § 17.100.100, Conditional Use Permits.

H. Cannabis Cultivation. Cannabis cultivation is prohibited.

I. Cannabis Retailers. Cannabis retailers are prohibited.

1. Cannabis retailers may be permitted, subject to the requirements of this Zoning Code including all applicable performance standards, and granting of a Conditional Use Permit as provided in § 17.100.100, Conditional Use Permit, and subsection C, Planning Commission and City Council Review, of this section, in the Corridor Mixed -Use-West Main (CMU-WM), Corridor Mixed-Use-East (CMU -E), Corridor Mixed -Use-Kentucky (CMU -K), Corridor Mixed -Use- Armfield (CMU -A), Corridor Mixed -Use-Gateway (CMU -G); Corridor Mixed -Use-Flex (CMU-F), Community Commercial Mixed -Use (CCMU), Neighborhood Mixed -Use (NMU), and Regional Commercial-Flex (RC-F), and cannabis retailers are prohibited in all other zones of the City.

2. Delivery services. In addition to the requirements established in this Chapter for Cannabis Retailers, the delivery of Cannabis and Cannabis Products shall be subject to the following requirements:
a. Commercial delivery to patients at locations outside a permitted Cannabis Retail facility shall only be permitted in conjunction with a permitted Cannabis Retail facility that has a physical location and a retail storefront open to the public. b. A Cannabis Retail facility shall not conduct sales exclusively by delivery. c. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this Chapter and State law.

2. Cannabis retailers that will not be open to the public and that perform sales exclusively by delivery are prohibited.

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3. Cannabis retailers may include a cannabis distribution facility as an accessory use to serve the on-site business pursuant to this chapter and shall be subject to the following:
a. The distribution facility shall be appurtenant and incidental to the retail use, both in terms of size and use and shall only be used to support the retail facility that is the primary use on site and, if applicable, other retail facilities owned and operated by the applicant. The distribution facility shall not be used for distribution of cannabis or cannabis products to other cannabis retailers.
b. The distribution facility shall not be predominantly visible to the public from the street frontage adjacent to the cannabis retailer or if the distribution facility is located within a commercial center, the distribution facility shall not be a specific and identifiable use apart from the cannabis retailer.
c. There shall be adequate parking and loading on site to serve both the cannabis retailer and the distribution facility, and spaces for loading associated with the distribution facility shall be located in the rear of the applicable property, outside of view from the street frontage or frontage of the commercial center. Only smaller vehicles, vans, or sprinter vans shall be used for delivery vehicles. Larger trucks, such as CA legal "semi-trucks" or "18-wheelers," and any trucks over five tons are prohibited from delivering cannabis product on site. The location and storage of all vehicles used for the cannabis business shall be provided in a safe and secure manner and meet all security requirements of the City Police Chief and applicable State requirements.
d. Accessory distribution facilities shall comply with all provisions applicable to cannabis distribution facilities as a primary land use.

4. Public notice of a commercial cannabis retail Conditional Use Permit application (see § 17.100.100, Conditional Use Permit) shall be provided to all properties within a minimum 600-foot radius 10 days prior to any scheduled public hearing date, and the site shall be posted with a highly visible notice.
a. The highly visible notice shall be a minimum of four feet wide by eight feet deep in size mounted on a freestanding sign or posted on the building frontage. b. The applicant shall be responsible for posting the site consistent with a format provided by the City and shall provide verification of the posting.

5. Cannabis retailers shall be no closer than 500 feet to each other, and no more than two cannabis retailers shall be located within a 1,000 -foot radius, except that the City Council may make an exception to this subsection if there is clear evidence based on considerations such as the separation of cannabis retail uses by a significant physical barrier, no expressed evidence of public concern, and potential economic revitalization to the proximate area, that there will be no public health, safety, or nuisance issues resulting from the closer proximity of one cannabis retail use to another.

J. Additional Regulatory Requirements. In addition to complying with all applicable requirements in this section and obtaining a state license for commercial cannabis activities, no commercial cannabis use may operate in the City without first obtaining a cannabis business permit.

§ 17.84.130. Community Gardens.

Community gardens shall be located, developed, and operated in compliance with the following.

Community gardens do not include cannabis, which is separately regulated pursuant to § 17.84.120, Commercial Cannabis Businesses.

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A. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners and property owner(s) and the City.

B. Hours of Operation. Gardens shall only be tended between dawn and dusk.

C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoop houses, or farm stands are allowed and shall comply with the property development standards of the zone.

D. Equipment. Only household garden tools and equipment, applicators, and products may be used.

This includes, but is not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, and harvesting. Pull-behind equipment is prohibited.

E. Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations.

F. Maintenance.

1. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, and other similar materials in a timely manner.

2. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

G. Sale of Produce. Incidental sales of items grown on site are permitted.

H. Composting. Composting is limited to materials generated on site and shall be used on site.

I. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

J. Restrooms. If proposed, restrooms shall be connected to public utilities. Portable restrooms are not permitted.

§ 17.84.140. Crematorium.

A crematorium shall provide adequate analysis to verify that the use meets all standards of the air quality management district, meets the City's Climate Action Plan goals and policies, and will not create harmful odor, particulate, or other environmental impacts to adjacent uses.

§ 17.84.150. Day Care Centers, Family Day Cares, and Residential Care Facilities.

Day care centers, family day cares and residential care facilities shall be located, developed, and operated in compliance with the following standards:

A. License. The Operator shall secure and maintain all requireda licenses, including licensing from the State of California Department of Social Services.

A.B. Safety. The use shall be subject to applicable building and fire/life safety requirements for the appropriate occupancy type. Conversions of an existing home or building may require improvements.

B.C. Location. Day care centers, family day cares, or residential care facilities shall be located at least 300 feet from any other day care center, family day care, or residential care facility, unless specifically allowed pursuant to a use permit.

C.D. Pick Up and Drop Off Plan. A plan and schedule for the pick uppickup and drop off of children ,

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residents, or clients shall be provided for approval by the Director, for day care centers, large family day cares and large residential care facilities. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets.

The plan shall address:

1. Scheduled pick up and drop off times with allowances for emergencies; and

2. Prohibitions of double parking, blocking driveways of neighboring properties, or using driveways of neighboring properties.

E. Screening and Landscaping. A minimum six-foot-high solid wall or fence shall be provided for purposes of screening and securing outdoor recreational areas. Chain metal fencing and barbed wire are prohibited. All other provisions of Chapter 18.18, Landscaping, shall apply.

D.F. No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.

E.G. Additional Requirements for Child Day Care Centers.

1. Outdoor Space.
a. Child day care centers for children shall provide a minimum of 75 square feet of outdoor space for each child over two years old. This area must be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners.
b. Outdoor use area and play equipment and structures shall not be located in any required front or street side setback.

2. Hours of Operation. Drop off and pick up shall only be within the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday. Additional hours may be allowed subject to approval of a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit).

3. Noise. Outdoor activities shall not occur before 9:00 a.m. and 6:00 p.m. Review of activities outside the specified time period may be allowed subject to approval of a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit).

H. Additional Requirements for Large Residential Care Facilities.

1. Large residential care facilities in Residential Low (R -L), Neighborhood Preservation (N -P), and Residential Low-Medium (R-LM) zones shall be limited to a maximum of 12 residents.

2. Large residential care facility buildings in Residential Low (R -L), Neighborhood Preservation (N-P), and Residential Low -Medium (R -LM) zones shall comply with Section 17.56.020, Single-Family and Duplex Design Standa rds. The building scale and design must be compatible with the surrounding neighborhood.

3. Large residential care facilities with greater than 12 residents may be allowed in Residential Medium (R -M), Residential High (R -H), Downtown Civic (DX -2), Downtown Transitional (DX-3), Corridor Mixed -Use-West Main (CMU -WM), Corridor Mixed -Use-East (CMU -E), Corridor Mixed -Use-Kentucky (CMU -K), Corridor Mixed -Use-Armfield (CMU -A) Corridor Mixed-Use-Flex (CMU -F), C ommunity Commercial Mixed -Use (CCMU), Neighborhood Mixed Use (NMU), and Corridor Mixed-Use-Gateway (CMU-G) zones.

4. Parking spaces must be provided as specified in Table 17.88.030.C -1, Required Parking in the Residential and Non-Residential zones. For large residential care facilities in Residential Low

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(R-L), Neighborhood Preservation (N -P), and Residential Low -Medium (R-LM) zones where more than four parking spaces are required, parking spaces beyond four shall be required to be in a garage or screened from public view.

5. Each bedroom shall be limited to a maximum of two residents. Each resident must have access to full bathroom facilities on the same floor as their bedroom.

6. Total common area shall be provided in an amount equal to 50 square feet per resident or 300 square feet, whicheve r is greater, excluding janitorial storage, laundry facilities, kitchen, and common hallways. Common areas must be usable for gathering and resident activities.

7. Security and safety features shall be included, such as lighting, security cameras, fencing, and defensible space.

3.8. The owner must maintain the property , including litter control, recycling programs, upkeep of landscaping and shared spaces, and use of durable materials.

F.A. Screening and Landscaping. A minimum six -foot-high solid wall or fence shall be provided for purposes of screening and securing outdoor recreational areas. Chain metal fencing and barbed wire are prohibited. All other provisions of Chapter 18.18, Landscaping, shall apply.

G.A. No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.

§ 17.84.160. Drive-Through Establishments.

A. Purpose. The purpose of this section is to ensure that establishments with drive -through facilities provide adequate on-site maneuvering and circulation, that vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts.

B. Applicability. This section applies to:

1. All new uses that include drive-through facilities; and

2. The addition of, or relocation of, drive-through facilities in existing developments.

C. Location.

1. With the exception of the Corridor Mixed -Use-Gateway (CMU -G) zone, Aany new drive - through fast food/restaurant in a Mixed-Use zone must be located within 600 feet of a highway or interstate off-ramp or highway.

2. With the exception of the Corridor Mixed-Use-Gateway (CMU -G) zone, a A new drive-through may not be located within 500 feet of any existing drive-through facility.

3. Drive through windows may not front directly onto Main Street. Drive-through windows shall be located to the side or rear of the building.

4. Drive in and drive -through entrances and exits shall be a minimum of one hundred (100) feet from any intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property. Shorter distances from road

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intersections may be approved if the City Engineer determines that public safety and/or the efficiency of traffic circulation are not being compromised.

5. Drive-through stacking lanes shall be a minimum 100 feet from any residential lot. The Review Authority may modify or waive this requirement if the property is located in a mixed -use zone and if it determines that the impacts to nearby residences will be minimal.

D. Drive-Through Lane Design and Stacking Requirements.

1. Parts of a Drive-Through Facility. A drive-through facility includes the following parts:
a. Stacking lanes, which are the spaces occupied by vehicles queuing for the service to be provided; and
b. Service areas, which are areas where the point of service occurs. These include menu boards, service windows, gas pumps, and air compressors.

2. Circulation Plan. A pedestrian and vehicular circulation plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive -up facilities in a manner that will not impede traffic flow on any public right-of-way.

3. Stacking Lane Design and Layout.
a. Stacking lanes must be designed so they do not interfere with on -site parking and vehicle circulation.
b. Stacking spaces must be 11 feet wide by 22 feet long. c. Stacking lanes must be clearly identified through such means as striping, landscaping, pavement design.
d. Drive through aisles shall not exit directly into a public right -of-way. Aisles shall be integrated with the on-site circulation and shall merge with the driveway. e. Overflow from a stacking lane shall not spill out onto public streets or major aisles of any parking lot.
f. Drive through lanes shall not be located adjacent to patios and other pedestrian use areas, other than walkways to minimize emissions impact.
g. Drive through aisles shall not intersect pedestrian walkways unless no alternative exists.

In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.
h. The following are minimum required stacking spaces for -uses:
i. Drive-in bank: five spaces.
ii. Drive-in beverage, food sales: 12 spaces with a minimum of six spaces behind the menu board.
iii. Pharmacies: five spaces.

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iv. Automatic car wash: three spaces per service position. v. Gate (house) residential: Under 50 units, one space per 10 units; greater than 50 units, five spaces.
vi. Exceptions or variations may be evaluated based on a drive-through queue analysis, or if requested by the Director to evaluate potential stacking concerns, including multiple lanes.
i. A minimum nine-foot wide escape lane must be designed as part of the drive-through.

4. Speakers for drive -through lanes shall not be audible from adjacent residential uses. Sound attenuation walls, landscaping, or other mitigation measures may be required, as necessary.

5. Entrances to an aisle and the direction of flow shall be clearly designated by signs or pavement markings or raised curbs outside of the public right-of-way.

E. Landscaping and Screening.

1. Each drive -through aisle shall be screened with a combination of decorative walls, trellis structures, or other similar features, and landscape to a height of 36 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

2. Drive through lanes and wash stall areas shall be screened from public view.

§ 17.84.170. Emergency Shelters, Daytime Service Facilities, and Low Barrier Navigation Centers.

A. Purpose. This section establishes use and development regulations for emergency shelter facilities in accordance with State law and the City's adopted housing element. In accordance with State law, local communities have a responsibility to provide adequate sites for emergency shelters that serve homeless individuals and families. The goal of emergency shelters is to address acute needs of individuals and families by providing basic residential facilities and may include programs that help residents find available social services. Consistent with the findings of the State Legislature, the City recognizes the need for, and the benefit of, temporary housing and services for homeless persons and families. This section is intended to allow for the development of emergency shelter facilities in specific zones, subject to development and operational standards that minimize potential adverse impacts on nearby properties and the community as a whole.

B. Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them in this section:
"Daytime service facility" means a place or building in which less than 24 -hour per day nonmedical care and supervision are provided including the provision of services to meet basic needs and connection to services to assist with housing, counseling, medical care, and other needs. "Emergency shelter" means any facility whose primary purpose is to provide temporary shelter with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelter shall include other interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative facilities. Emergency shelters do not include evacuation shelters during emergencies.
"Homeless person" means:

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§ 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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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

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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.

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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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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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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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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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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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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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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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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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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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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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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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