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California City City Zoning Code

ARTICLE 24

- OVERLAY ZONES

Sec. 9-2.2400.- Purpose.

This Article describes uses which may be permitted in addition to the uses permitted in the residential and commercial districts.

Sec. 9-2.2401. - General.

An overlay permit may be granted under this Article for the uses enumerated in this Article. The permit shall be applicable to an entire tract or group of related lots. The other requirements of this Chapter shall continue to apply after the permit is issued subject only to the changes authorized by this Article.

Sec. 9-2.2402. - Procedures.

(a)

Applications for the approval of an overlay for a development shall be submitted to the Planning Director. The application shall include a proposed site plan and proposed statement of objectives for the development. The Planning Director shall prepare a report concerning the application for presentation to the Planning Commission along with recommendations for conditions to ensure compliance with these provisions.

(b)

The Planning Commission shall review the report and recommendations of the Planning Director at a duly noticed public hearing called and conducted in accordance with the procedures specified for the consideration of zone amendments.

(c)

The decision of the Planning Commission may be appealed to the Council by an interested party. The Council shall consider the appeal at a duly noticed public hearing called and conducted in accordance with the procedures specified for the consideration of zone amendments.

Sec. 9-2.2403. - Airport Related Uses.

(a)

An overlay permit may be issued for property within a commercial district to be used for airport related purposes as follows:

(1)

Any use permitted in a commercial zone.

(2)

Any use permitted in an open space zone.

(3)

Any use permitted in a residential-agricultural zone.

(b)

The Commission must find such use is compatible with airport operations. The Commission shall restrict the height of buildings, structures, appurtenances, plants and trees to not more than thirty-five (35) ft. above ground level to prevent a hazard to the safe landing or taking off of aircraft subject to FAA Form 1764 approval. In discharging this duty, the Commission shall function as the Airport Zoning Commission of the City. Height limits shall be as recommended by the appropriate Federal Aviation regulations. Permits issued for buildings with the area designated by the Commission for height restriction under this section shall set forth the authorized height limit.

Sec. 9-2.2404. - Manufactured Home Development.

(a)

An overlay permit may be issued for property within a residential district for a manufactured home development. As used herein, "manufactured home development" means the use and occupancy of more than one manufactured home as a part of a single development plan, including a manufactured home subdivision and manufactured homes located on a single lot or parcel as with a manufactured home park.

(b)

The permit shall include the following conditions:

(1)

Manufactured homes shall be used for single family residential uses.

(2)

The site shall have a minimum area of at least twenty (20) contiguous acres.

(3)

Provision shall be made for continued and proper operation of community recreational facilities for the use of individual lot owners within the development.

(4)

A concrete slab or other standard metal or wood deck patio containing at least two hundred (200) sq. ft. shall be installed adjacent to each manufactured home within one hundred twenty (120) days after installation of the manufactured home or prior to occupancy, whichever occurs first.

(5)

Each manufactured home shall contain not less than twelve hundred (1,200) sq. ft. of living space and shall have a minimum width of twelve (12) ft. as shown on the Department of Housing and Community Development (HCD) registration for the manufactured home.

(6)

The ground floor of each manufactured home shall not be less than six (6) in. nor more than twelve (12) in. above finished grade without variance. Ground floor shall also be at or above the base flood elevation.

(7)

The driveway to off-street parking shall be surfaced with asphaltic concrete or concrete.

(8)

Spaces shall have a minimum width of forty-five (45) ft., a minimum depth of eighty (80) ft. and a minimum area of three thousand six hundred (3,600) sq. ft.

(9)

Area of housing and related structure shall not exceed 60% of total space area.

(10)

Front, side and rear yards shall comply with Title 25.

(11)

Minimum separation shall not be less than that stated in Title 25.

(12)

Streets shall meet the following standards:

(i)

Private streets shall be paved with a minimum of three-inch asphalt concrete paving over six (6) in. of aggregate base to a minimum width of thirty (30) ft.

(ii)

Parking along each side of access streets shall require a minimum street width of thirty-six (36) ft.

(iii)

Outside streets shall be constructed in accordance with standards for city streets.

(13)

A minimum of one (1) tree shall be provided on each space within thirty (30) days of each occupancy.

(14)

A six-foot high masonry wall shall enclose the Development.

(15)

Manufactured home developments shall be connected to the community wastewater system.

(16)

Manufactured home developments shall be connected to the community water system.

(c)

Each lot within Tract 3151 shall be developed to the following standards:

(1)

Manufactured homes for residential uses, together with normal accessory uses, such as cabanas, ramadas, patio slabs, carports or garages, and storage and washroom buildings. In no event shall more than one (1) manufactured home be used on a lot for residential purposes.

(2)

Private and public utilities.

(3)

Community recreation facilities for the use of individual lot owners within the subdivision after provisions for the continued and proper operation of such facilities have been approved by the Commission. The maintenance of community recreation and service areas shall be assured by provisions in the deeds, such as covenants running with the land, or the granting of an undivided interest in the recreation area to each owner of an individual interest or other device, creating a legal entity capable of carrying out the requirements imposed by this Article and providing for participation by the individual lot owners in the responsibility and costs thereof. When such maintenance is not provided, the City may, upon due notice, declare such areas to be public nuisances and may take such steps as are necessary to abate such nuisances.

(4)

Temporary real estate tract offices used only during the original sale of the subdivision, not exceeding a period of one (1) year.

(5)

Medical services and neighborhood shopping facilities.

(d)

The following shall be the minimum standards of development within Tract 3151:

(1)

No real property in Tract 3151 shall be used for the uses permitted in this Code until:

(i)

A subdivision map, prepared in accordance with the provisions of this section and the applicable provisions of Chapter 1 of this title, has been filed with the Council; and

(ii)

The building permit required by the provisions of Sections 8-1.05 and 8-7.02 of this Code has been obtained.

(2)

The minimum standards for recreation areas shall be as follows:

(i)

A total of three hundred (300) sq. ft. for each manufactured home site shall be devoted to open areas. If Tract 3151 is developed as a unit of more than sixty (60) acres, the recreational area of such unit shall be an area equal to at least 5% of the total area of such unit.

(ii)

The recreation lots shall be entirely within the legal border of the subdivision and shall be identified with a letter such as Lot "A."

(iii)

The plan of the recreation lot shall be demonstrated to be adequate in dimension, topography, and location for the intended recreational use, and a plot plan of the intended use shall be approved by the Planning Commission.

(3)

Minimum setbacks shall be three (3) ft. on the sides, and three (3) ft. in the rear. The front yard setback shall be equal to the average front yard setback of the two (2) nearest adjacent manufactured homes located on the same side of the street. The front yard setback for adjacent homes shall be determined by measurement from the centerline of the street which fronts the property. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) ft. Such setback shall be measured from the front lot line to the nearest point on the body of the manufactured home or appurtenant structure.

(4)

The minimum lot size shall be five thousand (5,000) sq. ft., with a minimum width of forty (40) ft., measured at the front lot line.

(5)

The minimum site which may be zoned for this purpose shall be thirty (30) acres, including up to one-half (2½), but not to exceed thirty-three (33) ft. of the width of adjacent boundary streets dedicated to the public.

(6)

Private streets may be planned provided provisions are made for their maintenance.

(7)

The following permanent improvements shall be installed on each lot prior to occupancy of a manufactured home on the lot for residential purposes:

(i)

A concrete slab or other standard metal or wood deck patio containing at least two hundred (200) sq. ft. or posting a Letter of Credit guaranteeing completion thereof within one hundred twenty (120) days after installation of the manufactured home or prior to occupancy, whichever occurs first; and

(ii)

A sewage disposal system acceptable to the Council and subject to provisions of this Code.

(8)

The ground floor of each manufactured home shall not be more than six (6) in. nor more than twelve (12) in. above finished grade without variance. Ground floor shall also be at or above the base flood elevation.

(9)

Every subdivision map filed in accordance with of this Code shall contain provisions for access to the rear portion of each lot in the subdivision.

(10)

Any fence, wall, or visual barrier located in the required front yard of any such lot shall not exceed four (4) ft. in height nor in the rear or side yard of any such lot exceed six (6) ft. in height, measured from the finished grade of the lot. No fence, wall, or visual barrier located within twenty-five (25) ft. of the rear line of a reversed corner lot between the street and the established setback line of the key lot to the rear shall exceed a height of four (4) ft. No barbed wire shall be used or maintained in or about the constructing of a fence wall or visual barrier along the front, side, or rear lines of any such lot or within three (3) ft. of such lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) ft. in height.

(11)

Any clothes lines, whether temporary or permanent, or any such lot shall be installed on the rear portion of such lot.

(12)

Every subdivision map filed in accordance with provisions of this Code shall contain provisions for underground telephone, television, and electrical cable through the subdivision.

(13)

Every subdivision map filed in accordance with provisions of this Code shall contain provisions for driveways, as approved by the City Engineer.

(14)

Notwithstanding the provisions of this Code, a manufactured home within Tract 3151 shall contain not less than 600 square feet of living space in order to inhibit the development of inadequate or overcrowded housing.

(e)

In addition to the other requirements of this Code, all manufactured homes located in Tract 3151 shall have a width of at least twelve (12) ft. as shown on the Department of Housing and Community Development registration for said manufactured home. No manufactured homes shall be combined in order to meet the requirements of this section unless the individual units have been manufactured to ultimately serve as a combined unit with one another and each unit is not less than ten (10) ft. in width.

(f)

Exceptions to the requirements of this Code may be granted for Tract 3151 provided applications therefor are filed and the public hearings are held as required for zoning amendments. Before granting such exceptions, the Commission shall find each of the following with respect to the land involved in the application:

(1)

There are special circumstances or conditions affecting such property;

(2)

The modification is necessary for the preservation and enjoyment of a substantial property right; and

(3)

The granting of the modification will not be detrimental to the public welfare or injurious to other property in the vicinity.

(g)

General Provisions:

(1)

These requirements shall not be applied to any property where any portion of such property would fall within five hundred (500) ft. of property in the R-1 zone. This requirement may be disregarded if the legislative body is satisfied from the evidence presented during the zoning hearings the following conditions exist:

(i)

An artificial or natural barrier or other physical feature exists between the R1 Zone and Tract 3151.

(ii)

The nature of such barrier or feature is such as to assure the R1 Zone will not be detrimentally affected by the requirements of Tract 3151.

(iii)

All manufactured homes in the subdivision shall be connected to the system.

(iv)

The sewage disposal field may be used in conjunction with recreational areas provided such use is not in conflict with the operations of the disposal field.

(v)

The design and adequacy of the system shall be approved by the Council.

Sec. 9-2.2405. - Planned Unit Development.

(a)

An overlay permit may be issued for at least ten acres of contiguous property within residential or commercial zones to be used for public, quasi-public, or commercial uses (a "Planned Unit Development ("PUD)").

(b)

The permit shall include the following conditions:

(1)

The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning.

(2)

The uses permitted by the PUD are not more intensive than those permitted by the underlying zoning.

(3)

No greater burden shall be placed upon public facilities serving the planned unit development than is placed upon the public facilities by development using the underlying zoning.

Sec. 9-2.2406. - Flood Hazard.

(a)

A development permit shall be issued per Section 8-11.05 "Development Permits" of the California City Municipal Code, Chapter 11 (Flood Damage Prevention).

(b)

The development permit shall comply with Chapter 11 "Flood Damage Prevention" of the California City Municipal Code.

( Ord. No. 18-761 , § 1, 2-27-2018)

Sec. 9-2.2407. - Farm Animal Overlay.

(a)

An overlay zone may be permitted pursuant to this Article for the keeping of farm animals within a specified tract of land as follows:

(1)

The keeping of farm animals shall be an accessory to a permitted use in the zone.

(2)

The occupant of each dwelling unit in a single-family residential district may keep not more than one (1) large farm animal for each one-half (½) acre of unimproved (except for animal enclosures) land available for the animal's use. As use in this subsection, the definition of a large farm animal is cattle, swine, horses, donkeys, mules, sheep and goats, also, including miniature versions of these animals. The occupant may keep one large farm animal for breeding, raising or for slaughter. All animals will be slaughtered and dressed only in an enclosed structure. No numerical limit on poultry, birds or rabbits if they are properly housed.

(b)

Accessory structures shall be less than one hundred (100) ft. from the front lot line, twenty-five (25) ft. from the side lot lines, or ten (10) ft. from the rear lot line. Animals housed in fenced areas must have cross-fencing in the event of failure of the primary fence. Barbed or electric wire may be used or maintained independently. A fence, wall or hedge along the perimeter of any lot, or within three (3) ft. of the perimeter shall not have sharp wire or points projecting at the top of the fence or wall less than six (6) ft. in height. In the housing of equines, the following items are required:

(1)

Riding Stables: Corrals shall be constructed for each horse. Corrals shall be a minimum of twelve (12) ft. by twenty-four (24) ft. and constructed of proper building material to maintain an animal of this size. The orals shall be constructed of pipe corrals, wood or equine vinyl/PVC. Each corral shall have a minimum of three (3) two-in. by 6-in. rails and use non-climb or v-mesh wire fencing with no less than a 4-in. by 4-in. post.

(2)

Shelters: Each shelter shall be a minimum of twelve (12) ft. by twelve (12) ft. with no less than a three-sided enclosure with a roof to provide for adequate shade and to protect against prevailing winds.

(c)

The occupant of a residential district may obtain a special permit for minors to breed and raise, up to three large farm animals, in addition to the animals permitted in the zone. This would be in conjunction with a programs sponsored by a bona fide agricultural association, such as Future Farmers of America, 4-H Club, Cow Belles or Junior Farmers. As used in this subsection, the definition of a "large farm animal" is cattle, horses, donkeys, mules, sheep, goats, or swine. The permit shall be for not more than twelve (12) months and not more than one (1) permit shall be issued per child per year. Consent of adjoining landowners will be a condition of issuance of the permit and the lot will be open for government officials.

(d)

No commercial activities shall be undertaken pursuant to this section.

(e)

Hoofed animals shall graze only within a fenced and enclosed area which restricts the animals from wandering out of the lot or parcel. No person shall drive, herd or cause an animal to be moved over the streets of the City except within the confines of a licensed vehicle. Equines may be ridden along equestrian trails and roadways without impeding traffic.

(f)

Rabbits, birds and poultry will be kept in enclosed areas. The enclosure shall not be allowed to become overcrowded or cause a nuisance to neighbors or the neighborhood. No person shall raise, breed, keep, or maintain an endangered, rare (threatened species) or exotic species of bird, mammal, fish, amphibian, non-poisonous or poisonous reptiles, spiders, scorpions, or other insects, including bees.

(Ord. No. 03-610, 8-5-2003)

Sec. 9-2.2408. - Equestrian Overlay.

(a)

An equestrian overlay zone may be issued for property in a residential district. One (1) horse for each one-quarter (¼) acre of lot area is permitted in the equestrian overlay zone.

(b)

The permit shall include the following conditions:

(i)

All subject property located within an equestrian overlay zone shall have a minimum lot size of one (1) acre.

(ii)

Conditions of issuing a building permit or other land use entitlement in the equestrian overlay zone shall be subject to the dedication of a sixty-foot wide vehicular, equestrian and utility easement.