SPECIAL PROVISIONS
Home occupations permitted by this title shall be subject to the following restrictions:
A.
A home occupation permit shall only be issued to the one property owner/tenant (conducting the business) at the single-family residence where such home occupation has been approved. Any other employees associated with the home occupation business shall not report to the residence.
B.
The home occupation shall not alter the residential character of the dwelling or neighborhood and shall be clearly incidental and secondary to the dwelling purposes of the residence.
C.
A home occupation shall not utilize more than one room in the dwelling or the equivalent of 20 percent of the floor space of the main floor, whichever is greater. If applicable, a home occupation shall not utilize the attached or detached garage of the dwelling.
D.
Home occupations shall not use any accessory building or yard space or activity outside of the main building not normally associated with residential use.
E.
Home occupations shall not display or stock in trade or commodities sold except those which are produced on the premises.
F.
Any advertising shall not identify the location of the home occupation. Signs shall be limited to a single unlighted nameplate of not more than two square feet in area announcing the name and home occupation. The nameplate may be located in the front window of the dwelling.
G.
Home occupations shall not generate any vehicular or pedestrian traffic not normally associated with a residential use.
H.
Power-driven equipment using motors of more than two horsepower capacity shall be prohibited.
I.
A home occupation shall not generate noise, odor, dust, vibration, fumes, smoke, electrical interference, and/or other nuisances.
J.
A home occupation permit request shall require the written consent of the property owner, if different than the applicant.
(Ord. No. 2020-1059, § 1, 3-23-2020)
Cottage food operations permitted by this title shall comply with the following regulations:
A.
A cottage food operation shall not alter the residential character of the dwelling or neighborhood and must be clearly incidental and secondary to the dwelling purposes of the residence.
B.
A cottage food operation shall be limited to the private home's kitchen facility used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage, and no more than one employee (not including a family member) shall be permitted for approved cottage food operations.
C.
Outdoor displays or activity outside the dwelling not normally associated with a residential use shall not be permitted at the location of a cottage food operator's residence. The location of the cottage food operation shall not be included in advertisements. Any advertisement sign shall be limited to one unlighted nameplate not more than two square feet in area announcing the name and occupation that is located in the front window of the home. Signs shall be subject to review and approval by the Director of Community Development.
D.
Sales shall be limited to those food products produced in connection with the cottage food operation.
E.
On-site consumption of cottage food products is prohibited.
F.
The operation shall not generate any vehicular or pedestrian traffic not normally associated with a residential use.
G.
Power-driven equipment using motors of more than two horsepower capacity shall be prohibited.
H.
No more than one employee (not including a family member) shall be permitted for approved cottage food operations.
I.
A cottage food operations permit shall require the written consent of the property owner, if different than the applicant.
J.
Cottage food operations shall not generate noise, odor, dust, vibration, fumes, smoke, electrical interference, and/or other nuisances.
K.
All cottage food operations shall be subject to approval of the applicable "class A" or "class B" permit from the Stanislaus County Department of Environmental Resources (DER), a City business license, and a cottage food operations permit issued by the Director of Community Development, if he or she finds that the proposed cottage food operation meets the requirements of this section.
L.
Cottage food operations must comply with the requirements of State of California Assembly Bill No. 1616-chapter 415, related to the State of California Health and Safety Code.
(Ord. No. 2020-1059, § 1, 3-23-2020)
All outside operations occurring at an automobile service station shall be limited to the dispensing of gasoline, oil, or water; changing tires; replacement and adjustment of automotive accessories such as windshield wipers, lights, and batteries; and similar minor customer needs.
(Ord. No. 2020-1059, § 1, 3-23-2020)
Antennas and cellular structures may be placed in the City's commercial and industrial zone districts subject to first obtaining approval of a conditional use permit (CUP). Antennas may be attached to existing facilities and structures where the development standards of that zone district are otherwise met. Such locations must be approved by the Community Development Division prior to installation and must be screened from public view.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Aviaries are authorized with the approval of a conditional use permit (CUP) as described in this Code, shall comply with this section.
B.
Hookbill birds: It is unlawful for a person having the right to possession of real property within a zoning district to own, possess, maintain, or allow others to own, possess or maintain upon said property hookbill birds as defined in subsection B.2 of this section, without first obtaining a conditional use permit (CUP) from the Planning Commission. It is further unlawful for any person who has been issued a conditional use permit (CUP) to violate any of the terms and conditions applicable to such use permits, either as defined in this chapter or imposed by the Planning Commission. In addition to any other conditions that may be imposed by the Planning Commission, the following conditions shall apply to any conditional use permit issued:
1.
Consent. The applicant shall obtain written consent of his or her immediate neighbors and not less than 75 percent approval of property owners and/or tenants within a radius of 300 feet from the proposed aviary. For the purposes of this section, the phrase "immediate neighbors" shall be defined as any property sharing a common property line at any point with the subject property.
2.
Small hookbill. Aviaries shall be limited to those birds of the small hookbill category, which includes budgerigars, finches, and canaries.
3.
Maximum number of birds. The number of birds within each aviary shall be as approved by the Planning Commission depending on the type of bird involved, but in no event shall an aviary contain more than 75 birds.
4.
Stanislaus County Health Department. Aviaries shall be inspected by the Stanislaus County Health Department (aka: Stanislaus County Department of Environmental Resources) for recommendation concerning aviary location, size, orientation, and cleanliness.
C.
Fancy, racing, and sporting pigeons (non-hookbill birds). It shall be unlawful for a person having the right to possession of real property within the zoning district to own, possess, or maintain, or allow others to own, possess or maintain, upon said property "racing pigeons," "fancy pigeons," or "sporting pigeons," as defined in this title without first obtaining a conditional use permit (CUP) from the Planning Commission. In addition to any other conditions that may be imposed by the Planning Commission, the following conditions shall apply to any conditional use permit (CUP) issued:
1.
Consent. The applicant shall obtain written consent of his or her immediate neighbors of not less than 75 percent of property owners and/or tenants within a radius of 300 feet from the proposed loft. For the purposes of this section, the phrase "immediate neighbors" shall be defined as any property sharing a common property line at any point with the subject property.
2.
Maximum number of birds. The number of birds that may be kept or maintained on any single lot shall be only as approved by the Planning Commission. In no case shall a person keep or maintain more than 50 birds on such lot.
3.
Loft design. The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition. The construction and location of the loft shall not constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and the community.
4.
Loft compatibility. The loft shall be compatible in scale and design with adjacent structures, including those on adjoining properties. The size requirement for a loft shall be a minimum of one square foot of floor area per mature pigeon held in the loft. The loft shall comply with the provisions regulating accessory structures as set forth in title 18 of the Ceres Municipal Code, provided that no loft shall be located closer than 15 feet from any building (on-site or adjoining properties) used for human habitation.
5.
Loft maintenance. The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations. The owner shall take any and all steps necessary to prevent fly breeding, fleas and rodents.
6.
Stanislaus County Health Department. Aviaries shall be inspected by the Stanislaus County Health Department (aka: Stanislaus County Department of Environmental Resources) for recommendation concerning aviary location, size, orientation, and cleanliness.
7.
Waste. Waste material shall not be a source of odor and shall be disposed of in a secure bag and placed in a waste tote for disposal, per the County of Stanislaus regulations.
8.
Dead birds. Dead birds shall not be buried on the premises, and shall be bagged and placed in a waste tote for disposal, per County regulations.
9.
Feed. All feed for the pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin. All pigeons shall be fed within the confines of the loft.
10.
Confinement. All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training, and competition; and at no time shall pigeons be allowed to perch or linger on buildings or fences, or other common or private property, including that of others.
11.
Release. No one shall release pigeons to fly for exercise, training or competition except in compliance with the following provisions:
a.
The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, California State Racing Pigeon Organization, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.
b.
All pigeons shall be registered with one of the national pigeon associations or registries. Pigeons shall also be fitted with a leg band approved by the National Pigeon Association, the American Pigeon Club, the Rare Breeds Pigeon Club, or similar nationally recognized pigeon organization.
c.
Pigeons shall not be released for flying which have been fed within the previous four hours. The permit holder shall maintain a log of the feeding and release times on the premises for the life of the use on a form approved by the Community Development Division Department, Planning Division.
D.
Permits. Aviary permits shall be issued and administered in compliance with this section.
1.
Permit required. The keeping of hookbill and non-hookbill birds may be authorized at the discretion of the Planning Commission with the approval of a conditional use permit. Any such permit shall be issued to the owner and shall remain in full force and effect unless suspended or revoked, or unless the use of the aviary/loft is discontinued for a period of six months.
2.
Application. Application for a permit to keep pigeons shall be made by submitting a complete application form to the Planning Division for processing. A fee shall be paid by the applicant to cover the costs of processing and administering the permit application by the City. Such fee shall be set by City Council Resolution, and may be amended from time to time.
3.
Modifications. An approved conditional use permit may be modified upon approval by the Director of Community Development. Only those modifications deemed minor in nature shall be granted.
4.
Inspection. All aviaries/lofts shall be inspected by the Community Development Department, Planning Division for compliance with the provisions of this section and for compliance with the terms of the permit prior to issuance of the permit.
5.
Right of entry. The City shall have the authority, as permitted by State and Federal Law, to conduct an inspection of the premises at any reasonable time between the hours of 7:00 a.m. and 7:00 p.m. upon at least 24 hours written notice to the property occupant. Refusal to grant the City right of entry to the premises may be cause for revocation proceedings of the conditional use permit.
6.
Permit revocation. The City of Ceres Planning Commission shall have the authority, at its discretion, to review and revoke the conditional use permit for a property that was approved for the keeping of pigeons, if it determines that such use is not being conducted in accordance with the conditions of the conditional use permit, or the use otherwise has become a public nuisance. The Community Development Director may initiate revocation proceedings to the Planning Commission. Revocation proceedings shall be conducted at a public hearing noticed as required by section 18.32.160 of this Code.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Purpose. The City finds that special regulations relating to the establishment and operation of accessory dwelling units are necessary to implement California Government Code 65852.2 and for consistency with the City's Housing Element to improve affordable housing opportunities in the City and to protect the health, safety, and general welfare of the residents of Ceres.
B.
Applicability. An accessory dwelling unit may be permitted in the following zones subject to compliance with the provisions of this subsection and approval by the Director of Community Development or his or her designee.
1.
Single-family residential (R-1).
2.
Residential agriculture (R-A).
3.
Two-family residential (R-2).
4.
Medium density multiple-family residential (R-3).
5.
Medium-high density multiple-family residential (R-4).
6.
Applicable residential "PC, planned community" zoning designations.
C.
Review process.
1.
Requests for an accessory dwelling unit shall be reviewed by the City in conjunction with a building permit.
2.
The applicant shall submit a site plan map, building elevations, and other information as may be necessary to determine compliance with the standards listed in subsection D of this section.
3.
Approval shall be a ministerial act if the request complies with the standards listed in subsection D of this section.
D.
Standards. An accessory dwelling unit on a single or multi-family residential zoned lot may be permitted subject to first securing a ministerial approval from the Director of Community Development or his or her designee in each case and when the following conditions are met:
1.
The lot must contain an existing primary dwelling unit.
2.
The accessory dwelling unit may either be attached to the existing main dwelling unit and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
3.
The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area.
4.
The total area of floor space for a detached second dwelling unit shall not exceed 1,200 square feet in size.
5.
The accessory dwelling unit shall conform to all height, setbacks (for an accessory structure), lot coverage, allowable density, architectural and site plan review, fees and charges, and other requirements as applicable to the zone district where it is located.
6.
A detached second dwelling unit shall be limited to one-story and shall not exceed 15 feet in overall height.
7.
The second dwelling unit/accessory dwelling unit shall comply with all applicable building, fire and other applicable health and safety code requirements.
8.
The second dwelling unit/accessory dwelling unit shall be subject to architectural review to ensure compatibility with the main living unit and surrounding dwelling units in terms of scale, height, and exterior design. The second living unit shall incorporate compatible architectural characteristics including roof pitch and style, window and door detailing, exterior materials, textures, colors, and finishes.
9.
The second dwelling unit/accessory dwelling unit may be occupied by a renter, but the unit shall not be independently sold.
(Ord. No. 2020-1059, § 1, 3-23-2020)
The following property development standards shall apply to all mobile home parks authorized by this title:
A.
Lot area.
1.
For interior lots, the minimum lot area shall be 3,200 square feet.
2.
For corner lots, the minimum lot area shall be 3,600 square feet.
B.
Lot coverage. The maximum allowable lot coverage for all structures and mobile homes within mobile home parks shall be 50 percent.
C.
Lot dimensions. The following minimum lot dimensions shall apply to all mobile home parks:
1.
Width.
a.
All interior lots shall have a minimum width of 35 feet.
b.
All corner lots shall have a minimum width of 40 feet.
2.
Depth. All lots shall have a minimum depth of 90 feet.
D.
Setback requirements. The following minimum setback requirements shall apply to all mobile home parks:
1.
Front yard. Ten feet minimum, except detached accessory structures shall have a 25 foot front yard.
2.
Side yard.
a.
Interior lot line: three feet minimum.
b.
Exterior lot line: ten feet minimum.
3.
Rear yard: Minimum ten percent of lot depth, but in no event shall the rear yard be required to exceed 15 feet. The minimum rear yard requirements for mobile homes may be reduced by up to 50 percent if the total minimum overall yard area requirement is maintained.
E.
Distance between residential mobile homes, buildings.
1.
Distance between residential mobile homes.
a.
There shall be a space not less than ten feet between a mobile home and any cabana or other similar permanent accessory structure related to another mobile home.
b.
There shall be a structure not less than 20 feet between a mobile home and any permitted building, except transformer or meter structures.
2.
Distance between buildings. The following provisions shall apply for distance between main buildings and accessory buildings on the same lot. Whenever two or more buildings of mixed heights are adjacent to one another, the distance provisions pertaining to the highest of the buildings shall apply. Nonresidential mobile homes shall be considered accessory structures.
a.
For buildings end to end, the minimum distance shall be ten feet.
b.
For buildings rear to end or front to end with space for exit or entry purposes, the minimum distance shall be 15 feet.
c.
For buildings front to rear with space for entry or exit purposes, the minimum distance shall be 20 feet.
d.
For buildings front to front arranged about an interior court, the driveway being access to parking area or buildings, the minimum distance shall be 30 feet. If there is no driveway, the minimum distance shall be 25 feet.
e.
Distance between main buildings and accessory buildings shall be as required by the Uniform Building Code adopted and incorporated into this Code.
F.
Floor area requirements.
1.
For all single-story buildings and mobile homes and the first story of all multiple story buildings and mobile homes, the maximum FAR shall be 0.50:1.0
2.
For all multiple story buildings and mobile homes, the maximum FAR shall be 0.80:1.0.
G.
Building, mobile home height requirements. No building or mobile home shall have a height greater than two stories or 35 feet, whichever is less. Permitted projections above the height include: ventilating fans or similar equipment required to operate and maintain the building, skylights, flagpoles, chimneys, television antennas, wireless masts or similar structures, when approved by the Planning Commission, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Any area or zone that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive.
H.
Density. There shall be a minimum of 3,200 square feet of lot area for each dwelling unit; provided, however, that there shall be no more than one dwelling unit on any one lot.
I.
Site plan approval.
1.
For all mobile home parks in R-4 zones: a site plan, floor plan for all buildings, elevations of all buildings, and a landscape plan shall be submitted to and approved by the Planning Commission pursuant to the provisions of this section.
2.
For all mobile home parks in P-C zones: no application shall be required; however, approval shall be accomplished through approval of the master plan and development plan.
J.
Landscaping and open space requirements.
1.
Landscaping. All mobile home parks within the P-C zone shall be landscaped and maintained. All new development shall be consistent with the Ceres Water Efficient Landscape Guidelines and Standards and the State of California Model Water Efficiency Landscape Ordinance (MWELO) requirements. All landscaped areas that abut public property shall contain a four-inch raised planter box along the line of abutment.
2.
Open space requirements. Additional open space requirements shall be specified by the Planning Commission or City Council; or as established by the general plan.
K.
Fences, hedges and walls.
1.
All public utility substations allowed shall be concealed by a six-foot high solid masonry wall, or landscaped and maintained fence.
2.
Where a mobile home park abuts any residential zone, a six-foot high solid masonry wall or landscaped and maintained fence shall be erected on the zone boundary.
3.
Where a mobile home park abuts a dedicated street or alley, a six-foot high solid masonry wall or landscaped and maintained fence shall be required.
L.
Off-street parking requirements. For all residential mobile homes, one space per dwelling unit. Where public utility substations, mobile home park offices, and recreational buildings are allowed, the following off-street parking requirements shall apply:
1.
Public utility structures and installations: one space for each two employees on the maximum shift plus the number of additional spaces prescribed by the Community Development Director.
2.
Mobile home park office, recreational building: one space per each five seats or one space per each 50 square feet of usable floor area for seating if seats are not fixed in all facilities in which simultaneous use is probable as determined by the Community Development Director.
3.
Off-street parking shall comply with the standards established by chapter 18.25 of this Code.
M.
Off-street loading requirements.
1.
No provisions for all residential uses.
2.
When any mobile home park office, recreational buildings or other permitted use requires the receipt, delivery or distribution of goods by truck with the potential frequency of once a day or greater; one berth, plus any additional berths as may be required by the Director of Community Development. Off-street loading shall comply with the standards established by chapter 18.25 of this Code.
N.
Access.
1.
Vehicular access.
a.
All mobile home parks shall be located on collector or major thoroughfares as designated by the general plan.
b.
There shall be vehicular access from a dedicated street or alley to off-street parking facilities on the property requiring off-street parking.
c.
All ingress to and egress from collector or major thoroughfares as designated by the general plan shall be in a forward motion.
d.
There shall be an accessway not less than 25 feet in width from a street or alley to each mobile home space, said way to be for both pedestrian and vehicular access. No parking shall be permitted in the required access way.
e.
All major accessways within mobile home parks shall not be less than 31 feet in width.
f.
There shall be a paved turning area in the mobile home park to permit motor vehicles to head into a dedicated street or alley.
g.
All mobile home parks shall be required to have a map of the park at all park entrances for directional purposes.
h.
All internal vehicular access ways shall be properly signed.
2.
Pedestrian access. There shall be pedestrian access from a dedicated street to property used for residential purposes. A driveway shall be considered pedestrian access.
O.
Signing. Signing standards shall be those as stated in chapter 18.26.
P.
Laundry, clothes drying area, facility. All residential mobile home parks within the P-C zone shall contain adequate (as determined by the City Council and/or Planning Commission), laundry and clothes drying facilities, which shall not be visible from adjacent, adjoining, or public property.
Q.
Solid waste storage, disposal facilities. For all uses, no open storage of solid waste allowed. All uses determined by the City Council and/or Planning Commission to need solid waste storage and/or disposal facilities shall provide such facilities, sufficiently hidden from public view by a six-foot high solid masonry wall or landscaped and maintained fence.
R.
Recreational facilities. Recreational facilities shall be installed as required by the City Council and/or Planning Commission.
S.
Park-in-lieu fees. Park land dedication or in-lieu fees shall be required of all mobile home parks, subject to credit for open space provided.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Permit application. Each application for a kennel permit or other animal establishment license shall be upon a form furnished by the Community Development Department. The application form submitted to the Community Development Department will require the applicant for a kennel permit to receive approval of all the property owners from the immediate adjoining properties of the subject site, and 75 percent approval of all property owners and tenants of property that are located within a 300-foot radius of the subject site. Failure to receive approval of the property owners from the immediate adjoining properties and at least a 75 percent approval from property owners within a 300-foot radius shall serve as grounds to deny issuance of the kennel permit. If the application for a kennel permit is approved, the Planning Division shall notify the licensing authority of said approval. The licensing authority may issue a kennel license subject to all rules and regulations which may be established by the Stanislaus Animal Service Agency, and/or Stanislaus County.
B.
Permit term. A kennel permit authorized by the Community Development Department is valid for a period of one year and is automatically renewed annually for a one year period provided all conditions are met, all circumstances remain as identified on the original application, and complies with all rules and regulations which may be established by the Stanislaus Animal Services Agency (SASA).
C.
Permit revocation. Expansion of the activity not previously listed in the original application, failure to comply with City or County conditions, creation of a nuisance to the adjoining residents, or other noncompliance shall be grounds for the City to revoke said kennel permit. The Director of Community Development is directed and authorized to perform this duty.
D.
License. Upon notification by the Community Development Department of its action on the kennel permit, SASA shall be authorized to issue and monitor a kennel license subject to any conditions as may be established by the City and subject to all rules and regulations which may be established by the County.
E.
Fees. The City may adopt fees for processing and reviewing public applications for kennel requests, renewals, and investigation of any associated complaints or revocation of said kennel permits.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
When considering a conditional use permit (CUP) application under this title to permit an automobile service station, the following criteria may be taken into consideration but shall not be mandatory:
1.
A maximum of two automobile service stations shall be allowed at a cross intersection; one at a "T" intersection.
2.
All automobile service stations shall be limited to intersections of major thoroughfare or greater as designated by the general plan.
3.
Where practicable, automobile service stations should be part of a larger commercial or service department.
B.
Each conditional use permit for an automobile service station may include one or more of the following conditions when deemed appropriate by the Director of Community Development:
1.
The minimum building setback from street property lines shall be 40 feet.
2.
The minimum building setback from other property lines shall be ten feet.
3.
The maximum standard width of driveways shall be 30 feet.
4.
The center line of driveways shall be perpendicular to the curb line.
5.
The minimum distance from any driveway to any interior lot line shall be five feet. The minimum distance from any driveway to any exterior lot line shall be 20 feet.
6.
The minimum distance between curb cuts shall be 30 feet.
7.
Five percent of the open area shall be landscaped. The remaining open area shall be paved. Landscaped areas shall be surrounded by concrete curb six inches in height. A landscaping strip five feet wide shall be provided along the full width of internal property lines separating the site from any lot or parcel zoned for residential purposes, and along all alley property lines if the property opposite it is zoned for residential purposes. A landscaping strip three feet wide shall be provided in front of pump islands at the property line. Landscaping shall be provided at street intersections between driveways. The maximum height of landscaping of the intersection shall be 36 inches.
8.
All hydraulic hoists and pits and all lubrication, greasing and repair equipment shall be enclosed entirely within buildings.
9.
All pump islands shall be set back a minimum of 25 feet from any property line.
10.
A site size of 12,000 square feet or less shall be limited to two service bays and six pumps. Two pumps and one service bay may be added for every additional 2,000 square feet of site area.
11.
Exterior lighting must be erected and maintained so as to not glare upon any adjacent property or public right-of-way.
12.
No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees and two trucks and other service vehicles used in the operation of the station.
13.
In the event that any of the provisions of this section conflict with the property development standards applicable to the relevant zoning chapter, the property development standards established for the applicable zone shall apply.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Purpose and authority.
1.
The purpose of this section is to establish standards to ensure that the development of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses and the character of the City.
2.
Emergency shelters shall be operated under the authority of a governing agency or private, non-profit organization that provides, or that contracts with recognized community organizations to provide emergency shelters and which, when required by law, are properly registered and licensed.
3.
Emergency shelters shall comply with the California Health and Safety Code.
B.
Standards. Emergency shelters shall comply with all property development standards of the industrial zone in which they are located in addition to the following development standards:
1.
A single emergency shelter for up to 30 occupants on a property, or a combination of multiple shelters with a combined capacity not to exceed 30 occupants on a property, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet all applicable development standards to the zoning districts in which they are permitted by right and the minimum standards provided by this chapter. Any emergency shelter with a capacity greater than 30 occupants shall be subject to the approval of a conditional use permit.
2.
The facility shall operate on a first-come, first-serve basis with clients only permitted on site and admitted to the facility between 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and the facility shall not guarantee a bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.
3.
A minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
4.
Any outdoor storage, including, but not limited to, items brought on site by clients for overnight stays, shall be screened from public view by a minimum seven-foot tall decorative wall or fence. Service animals may accompany a disabled person, and pets may be permitted if contained within an adequately sized and sturdy pet carrier. Shopping carts shall not be permitted on site. Individual lockers shall be provided to allow shelter clients to temporarily store their private belongings while using the shelter.
5.
No person shall be allowed to camp on the premises or sleep on the premises outside of the shelter building.
6.
Facility improvements shall comply with this Code and the most current adopted California Building and Safety Codes, specific to the establishment of dormitories and shall additionally provide:
a.
Clean sanitary beds and sanitation facilities.
b.
A minimum of one toilet for every eight beds per gender.
c.
A minimum of one shower for every eight beds per gender.
d.
Private shower and toilet facility for each area designated for use by individual families.
e.
If the shelter accommodates both men and women in the same building, segregated sleeping, lavatory and bathing areas shall be provided. Reasonable accommodation shall be made to provide segregated sleeping, lavatory and bathing areas for families.
f.
Adequate indoor client intake areas (100 square feet minimum) must be provided within the premises for clients and prospective clients to prevent queuing into private sidewalks, parking and access areas, or public right-of-way areas.
g.
Parking for emergency shelters shall be provided at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
h.
Bicycle rack parking shall be provided at a minimum of ten bicycles per facility.
i.
Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
j.
The facility may provide the following services in a designated area separate from sleeping areas:
(1)
A counseling center for job placement, educational, health care, legal services, or mental health services.
(2)
Laundry facilities to serve the number of clients at the shelter.
(3)
Central cooking, kitchen facilities, and dining areas.
(4)
Recreation areas. If outdoors, such area shall be visually separated from public view by a minimum six-foot tall decorative screen wall or fence.
C.
An emergency shelter management plan shall be submitted to the City that addresses all of the following:
1.
A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six-foot tall decorative screen wall or fence.
2.
At least one facility manager shall be on site at all hours the facility is open and a minimum of one additional staff member per 15 beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients.
3.
Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to the City.
4.
Service providers shall ensure that clients do not exceed the maximum stay at the facility of six months in a 12-month period.
5.
Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.
6.
Service providers shall educate on-site staff so that they possess adequate knowledge and skills to assist clients in obtaining permanent shelter and jobs, including referrals to outside assistance agencies.
7.
Service providers shall maintain good communication and have procedures in place to respond to inquiries regarding the facility and operations from the neighborhood, City staff, or the general public.
8.
Service providers shall establish standards for responding to emergencies and incidents resulting from the expulsion of clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.
9.
At least one security guard shall be present during hours of operation.
10.
Alcohol and illegal drug use are prohibited on site. Service providers shall expel clients from the facility if said clients are found to be using alcohol or illegal drugs.
11.
The establishment shall implement other requirements as deemed necessary by the City to ensure that the facility does not create an adverse impact to surrounding properties.
12.
The business operator of the shelter shall be required to remove any graffiti on the premises. The graffiti shall be removed within a time frame as deemed appropriate by the City if such incident occurs.
13.
Anti-loitering signs shall be installed on the property to the satisfaction of the Community Development Director.
D.
If there is a conflict between code requirements, the most restrictive one shall apply.
E.
The facility shall comply with the emergency shelter management plan submitted to the City and all other laws, rules, and regulations that apply including, but not limited to, building and fire codes. The facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's management plan and other applicable laws and standards.
F.
The emergency shelter operator shall maintain a valid City business license.
(Ord. No. 2020-1059, § 1, 3-23-2020)
Portable outdoor storage units and shipping containers shall comply with the following requirements:
A.
Number, size, duration and location.
1.
A portable outdoor storage unit or shipping container shall be only placed, kept or stored on a residential property, as an accessory structure.
2.
No more than one portable outdoor storage unit or shipping container shall be placed, kept or stored on a residential property.
3.
A portable outdoor storage unit shall not exceed eight feet in width, 16 feet in length or eight feet in height. A shipping container shall not exceed eight feet in width, 20 feet in length or eight in height.
4.
No portable storage unit shall remain at a residential property in excess of 30 days, whether consecutive or non-consecutive, within a 12-month period, unless authorized by the Director. In the Director's discretion, the Director may authorize a portable outdoor storage unit to remain on residential property for up to 90 days, whether consecutive or non-consecutive, within a 12-month period. When a building permit has been issued for a restoration of a residential property as a result of fire, flood, or other natural disaster, the Director may authorize a portable outdoor storage unit to remain on a residential property for any period of time in the Director's discretion, including a period longer than 90 days. A residential property owner may request that the Director authorize a portable storage unit remaining on residential property in excess of the 30-day period by submitting an application to the Director. A shipping container may be placed on a residential property for any period of time.
5.
A portable outdoor storage unit shall be placed in a driveway, on a paved surface, or in a rear yard if alley access exists at the rear of the site. A shipping container may only be placed in a rear yard.
6.
A portable outdoor storage unit or shipping container larger than 120 square feet shall comply with applicable zoning regulations for a detached accessory building.
7.
A portable outdoor storage unit or shipping container shall not be placed, kept or stored in a public right-of-way.
B.
Signage. A portable outdoor storage unit or shipping container shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable outdoor storage unit.
C.
Maintenance and prohibition of hazardous materials.
1.
A portable outdoor storage unit or shipping container shall be in a good condition, free from evidence of deterioration, weathering, discoloration, rust, peeling paint, ripping, tearing, other holes or breaks or graffiti.
2.
When not in use, a portable outdoor storage unit or shipping container shall be kept locked.
3.
No hazardous materials shall be stored or kept in a portable outdoor storage unit or shipping container.
4.
The owner of a residential property on which a portable outdoor storage unit or shipping container is placed, shall ensure that the portable outdoor storage unit complies with this section.
D.
Exception for prior existing shipping containers in rear yards of residential property. This section shall not apply to any shipping container lawfully placed, kept or stored in the rear yard of a residential property prior to the adoption of this section.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Purpose. The streets and public areas within residential, commercial and industrial zones of the City should be readily accessible and available to the public at large. The use of these areas for camping purposes interferes with the rights of others to use the area, for which they were intended. Such activity can constitute a public health and safety hazard, which negatively impacts the community.
Camping on private property within residential, commercial and industrial zones without the proper sanitary measures for any duration adversely affects private property rights, as well as, the public health, safety, and welfare of the City. The purpose of this section is to maintain streets and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and public welfare of the community. Nothing in this section is intended to interfere with otherwise lawful and ordinary uses of public or private property.
B.
Definitions. Unless it is apparent from the context that another meaning is intended, the following words, when used in this section, shall have the meanings respectively ascribed to them by this subsection.
Camp or camping means to pitch, sleep in, cook in, occupy camp facilities, or use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile.
Camp facilities include, but are not limited to, tents, huts, recreational vehicles, temporary shelters, trailers, and vehicles.
Camp paraphernalia includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks, barbeques, open fires, portable stoves, or other cooking equipment not provided or approved by the City.
Public property means any publicly owned property in the City, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces, including, but not limited to, those adjacent to City Hall or other public facilities or buildings of any kind; and public sidewalks, curbs, and gutters.
C.
Unlawful camping in commercial and industrial zones. Except as otherwise provided in subsection D, it shall be unlawful for anyone to camp upon any public or private property within any residential, commercial and industrial zone.
D.
Exceptions. Nothing in this section shall prohibit:
1.
Persons from lawfully camping within campgrounds approved by the City.
2.
Persons from lawfully camping on private property which is operated, maintained, and publicized to the public as a campground in conformance with the regulations of the City's Municipal Code and Zoning Ordinance.
3.
Persons from camping in connection with a special event conducted in accordance with a permit issued by the City under other provisions of the Ceres Municipal Code.
4.
Commercial vehicles legally parked in or on a public parking lot, roadway, truck route or any other public right of way or private property for the purpose of an FMCSA (Federal Motor Carrier Safety Administration) mandated safety or rest period, and or loading or unloading operation conducted in accordance with normal commercial or industrial activities and existing law.
5.
Persons in residential zoned areas to lawfully park a recreational vehicle on public streets provided they have adjacent property owner/tenant consent to do so. In no case shall such persons be granted more than ten consecutive days to be lawfully parked on a public street.
E.
Enforcement.
1.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this section.
2.
Any person violating any provision of this section shall be issued a written cease and desist notice. The written notice shall set forth the section or sections that the person is violating. The written notice shall state that the individual has eight hours to cease any and all violations of this section from the date the written notice is issued.
3.
If a person who receives a written notice pursuant to subsection E.1 fails to comply with this section in eight hours, the person shall be deemed guilty of an infraction and punishable in accordance with section 19.02.030 of the Ceres Municipal Code.
F.
After a person's third infraction, in addition to other remedies provided by law, a violation of this section shall be a misdemeanor and punishable pursuant to Section 19.02.030 of the Ceres Municipal Code.
G.
Any citation issued for a violation of this section may be dismissed upon review by the City Manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.
(Ord. No. 2021-1064, § 1, 1-25-2021)
SPECIAL PROVISIONS
Home occupations permitted by this title shall be subject to the following restrictions:
A.
A home occupation permit shall only be issued to the one property owner/tenant (conducting the business) at the single-family residence where such home occupation has been approved. Any other employees associated with the home occupation business shall not report to the residence.
B.
The home occupation shall not alter the residential character of the dwelling or neighborhood and shall be clearly incidental and secondary to the dwelling purposes of the residence.
C.
A home occupation shall not utilize more than one room in the dwelling or the equivalent of 20 percent of the floor space of the main floor, whichever is greater. If applicable, a home occupation shall not utilize the attached or detached garage of the dwelling.
D.
Home occupations shall not use any accessory building or yard space or activity outside of the main building not normally associated with residential use.
E.
Home occupations shall not display or stock in trade or commodities sold except those which are produced on the premises.
F.
Any advertising shall not identify the location of the home occupation. Signs shall be limited to a single unlighted nameplate of not more than two square feet in area announcing the name and home occupation. The nameplate may be located in the front window of the dwelling.
G.
Home occupations shall not generate any vehicular or pedestrian traffic not normally associated with a residential use.
H.
Power-driven equipment using motors of more than two horsepower capacity shall be prohibited.
I.
A home occupation shall not generate noise, odor, dust, vibration, fumes, smoke, electrical interference, and/or other nuisances.
J.
A home occupation permit request shall require the written consent of the property owner, if different than the applicant.
(Ord. No. 2020-1059, § 1, 3-23-2020)
Cottage food operations permitted by this title shall comply with the following regulations:
A.
A cottage food operation shall not alter the residential character of the dwelling or neighborhood and must be clearly incidental and secondary to the dwelling purposes of the residence.
B.
A cottage food operation shall be limited to the private home's kitchen facility used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage, and no more than one employee (not including a family member) shall be permitted for approved cottage food operations.
C.
Outdoor displays or activity outside the dwelling not normally associated with a residential use shall not be permitted at the location of a cottage food operator's residence. The location of the cottage food operation shall not be included in advertisements. Any advertisement sign shall be limited to one unlighted nameplate not more than two square feet in area announcing the name and occupation that is located in the front window of the home. Signs shall be subject to review and approval by the Director of Community Development.
D.
Sales shall be limited to those food products produced in connection with the cottage food operation.
E.
On-site consumption of cottage food products is prohibited.
F.
The operation shall not generate any vehicular or pedestrian traffic not normally associated with a residential use.
G.
Power-driven equipment using motors of more than two horsepower capacity shall be prohibited.
H.
No more than one employee (not including a family member) shall be permitted for approved cottage food operations.
I.
A cottage food operations permit shall require the written consent of the property owner, if different than the applicant.
J.
Cottage food operations shall not generate noise, odor, dust, vibration, fumes, smoke, electrical interference, and/or other nuisances.
K.
All cottage food operations shall be subject to approval of the applicable "class A" or "class B" permit from the Stanislaus County Department of Environmental Resources (DER), a City business license, and a cottage food operations permit issued by the Director of Community Development, if he or she finds that the proposed cottage food operation meets the requirements of this section.
L.
Cottage food operations must comply with the requirements of State of California Assembly Bill No. 1616-chapter 415, related to the State of California Health and Safety Code.
(Ord. No. 2020-1059, § 1, 3-23-2020)
All outside operations occurring at an automobile service station shall be limited to the dispensing of gasoline, oil, or water; changing tires; replacement and adjustment of automotive accessories such as windshield wipers, lights, and batteries; and similar minor customer needs.
(Ord. No. 2020-1059, § 1, 3-23-2020)
Antennas and cellular structures may be placed in the City's commercial and industrial zone districts subject to first obtaining approval of a conditional use permit (CUP). Antennas may be attached to existing facilities and structures where the development standards of that zone district are otherwise met. Such locations must be approved by the Community Development Division prior to installation and must be screened from public view.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Aviaries are authorized with the approval of a conditional use permit (CUP) as described in this Code, shall comply with this section.
B.
Hookbill birds: It is unlawful for a person having the right to possession of real property within a zoning district to own, possess, maintain, or allow others to own, possess or maintain upon said property hookbill birds as defined in subsection B.2 of this section, without first obtaining a conditional use permit (CUP) from the Planning Commission. It is further unlawful for any person who has been issued a conditional use permit (CUP) to violate any of the terms and conditions applicable to such use permits, either as defined in this chapter or imposed by the Planning Commission. In addition to any other conditions that may be imposed by the Planning Commission, the following conditions shall apply to any conditional use permit issued:
1.
Consent. The applicant shall obtain written consent of his or her immediate neighbors and not less than 75 percent approval of property owners and/or tenants within a radius of 300 feet from the proposed aviary. For the purposes of this section, the phrase "immediate neighbors" shall be defined as any property sharing a common property line at any point with the subject property.
2.
Small hookbill. Aviaries shall be limited to those birds of the small hookbill category, which includes budgerigars, finches, and canaries.
3.
Maximum number of birds. The number of birds within each aviary shall be as approved by the Planning Commission depending on the type of bird involved, but in no event shall an aviary contain more than 75 birds.
4.
Stanislaus County Health Department. Aviaries shall be inspected by the Stanislaus County Health Department (aka: Stanislaus County Department of Environmental Resources) for recommendation concerning aviary location, size, orientation, and cleanliness.
C.
Fancy, racing, and sporting pigeons (non-hookbill birds). It shall be unlawful for a person having the right to possession of real property within the zoning district to own, possess, or maintain, or allow others to own, possess or maintain, upon said property "racing pigeons," "fancy pigeons," or "sporting pigeons," as defined in this title without first obtaining a conditional use permit (CUP) from the Planning Commission. In addition to any other conditions that may be imposed by the Planning Commission, the following conditions shall apply to any conditional use permit (CUP) issued:
1.
Consent. The applicant shall obtain written consent of his or her immediate neighbors of not less than 75 percent of property owners and/or tenants within a radius of 300 feet from the proposed loft. For the purposes of this section, the phrase "immediate neighbors" shall be defined as any property sharing a common property line at any point with the subject property.
2.
Maximum number of birds. The number of birds that may be kept or maintained on any single lot shall be only as approved by the Planning Commission. In no case shall a person keep or maintain more than 50 birds on such lot.
3.
Loft design. The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition. The construction and location of the loft shall not constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and the community.
4.
Loft compatibility. The loft shall be compatible in scale and design with adjacent structures, including those on adjoining properties. The size requirement for a loft shall be a minimum of one square foot of floor area per mature pigeon held in the loft. The loft shall comply with the provisions regulating accessory structures as set forth in title 18 of the Ceres Municipal Code, provided that no loft shall be located closer than 15 feet from any building (on-site or adjoining properties) used for human habitation.
5.
Loft maintenance. The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations. The owner shall take any and all steps necessary to prevent fly breeding, fleas and rodents.
6.
Stanislaus County Health Department. Aviaries shall be inspected by the Stanislaus County Health Department (aka: Stanislaus County Department of Environmental Resources) for recommendation concerning aviary location, size, orientation, and cleanliness.
7.
Waste. Waste material shall not be a source of odor and shall be disposed of in a secure bag and placed in a waste tote for disposal, per the County of Stanislaus regulations.
8.
Dead birds. Dead birds shall not be buried on the premises, and shall be bagged and placed in a waste tote for disposal, per County regulations.
9.
Feed. All feed for the pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin. All pigeons shall be fed within the confines of the loft.
10.
Confinement. All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training, and competition; and at no time shall pigeons be allowed to perch or linger on buildings or fences, or other common or private property, including that of others.
11.
Release. No one shall release pigeons to fly for exercise, training or competition except in compliance with the following provisions:
a.
The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, California State Racing Pigeon Organization, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.
b.
All pigeons shall be registered with one of the national pigeon associations or registries. Pigeons shall also be fitted with a leg band approved by the National Pigeon Association, the American Pigeon Club, the Rare Breeds Pigeon Club, or similar nationally recognized pigeon organization.
c.
Pigeons shall not be released for flying which have been fed within the previous four hours. The permit holder shall maintain a log of the feeding and release times on the premises for the life of the use on a form approved by the Community Development Division Department, Planning Division.
D.
Permits. Aviary permits shall be issued and administered in compliance with this section.
1.
Permit required. The keeping of hookbill and non-hookbill birds may be authorized at the discretion of the Planning Commission with the approval of a conditional use permit. Any such permit shall be issued to the owner and shall remain in full force and effect unless suspended or revoked, or unless the use of the aviary/loft is discontinued for a period of six months.
2.
Application. Application for a permit to keep pigeons shall be made by submitting a complete application form to the Planning Division for processing. A fee shall be paid by the applicant to cover the costs of processing and administering the permit application by the City. Such fee shall be set by City Council Resolution, and may be amended from time to time.
3.
Modifications. An approved conditional use permit may be modified upon approval by the Director of Community Development. Only those modifications deemed minor in nature shall be granted.
4.
Inspection. All aviaries/lofts shall be inspected by the Community Development Department, Planning Division for compliance with the provisions of this section and for compliance with the terms of the permit prior to issuance of the permit.
5.
Right of entry. The City shall have the authority, as permitted by State and Federal Law, to conduct an inspection of the premises at any reasonable time between the hours of 7:00 a.m. and 7:00 p.m. upon at least 24 hours written notice to the property occupant. Refusal to grant the City right of entry to the premises may be cause for revocation proceedings of the conditional use permit.
6.
Permit revocation. The City of Ceres Planning Commission shall have the authority, at its discretion, to review and revoke the conditional use permit for a property that was approved for the keeping of pigeons, if it determines that such use is not being conducted in accordance with the conditions of the conditional use permit, or the use otherwise has become a public nuisance. The Community Development Director may initiate revocation proceedings to the Planning Commission. Revocation proceedings shall be conducted at a public hearing noticed as required by section 18.32.160 of this Code.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Purpose. The City finds that special regulations relating to the establishment and operation of accessory dwelling units are necessary to implement California Government Code 65852.2 and for consistency with the City's Housing Element to improve affordable housing opportunities in the City and to protect the health, safety, and general welfare of the residents of Ceres.
B.
Applicability. An accessory dwelling unit may be permitted in the following zones subject to compliance with the provisions of this subsection and approval by the Director of Community Development or his or her designee.
1.
Single-family residential (R-1).
2.
Residential agriculture (R-A).
3.
Two-family residential (R-2).
4.
Medium density multiple-family residential (R-3).
5.
Medium-high density multiple-family residential (R-4).
6.
Applicable residential "PC, planned community" zoning designations.
C.
Review process.
1.
Requests for an accessory dwelling unit shall be reviewed by the City in conjunction with a building permit.
2.
The applicant shall submit a site plan map, building elevations, and other information as may be necessary to determine compliance with the standards listed in subsection D of this section.
3.
Approval shall be a ministerial act if the request complies with the standards listed in subsection D of this section.
D.
Standards. An accessory dwelling unit on a single or multi-family residential zoned lot may be permitted subject to first securing a ministerial approval from the Director of Community Development or his or her designee in each case and when the following conditions are met:
1.
The lot must contain an existing primary dwelling unit.
2.
The accessory dwelling unit may either be attached to the existing main dwelling unit and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
3.
The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area.
4.
The total area of floor space for a detached second dwelling unit shall not exceed 1,200 square feet in size.
5.
The accessory dwelling unit shall conform to all height, setbacks (for an accessory structure), lot coverage, allowable density, architectural and site plan review, fees and charges, and other requirements as applicable to the zone district where it is located.
6.
A detached second dwelling unit shall be limited to one-story and shall not exceed 15 feet in overall height.
7.
The second dwelling unit/accessory dwelling unit shall comply with all applicable building, fire and other applicable health and safety code requirements.
8.
The second dwelling unit/accessory dwelling unit shall be subject to architectural review to ensure compatibility with the main living unit and surrounding dwelling units in terms of scale, height, and exterior design. The second living unit shall incorporate compatible architectural characteristics including roof pitch and style, window and door detailing, exterior materials, textures, colors, and finishes.
9.
The second dwelling unit/accessory dwelling unit may be occupied by a renter, but the unit shall not be independently sold.
(Ord. No. 2020-1059, § 1, 3-23-2020)
The following property development standards shall apply to all mobile home parks authorized by this title:
A.
Lot area.
1.
For interior lots, the minimum lot area shall be 3,200 square feet.
2.
For corner lots, the minimum lot area shall be 3,600 square feet.
B.
Lot coverage. The maximum allowable lot coverage for all structures and mobile homes within mobile home parks shall be 50 percent.
C.
Lot dimensions. The following minimum lot dimensions shall apply to all mobile home parks:
1.
Width.
a.
All interior lots shall have a minimum width of 35 feet.
b.
All corner lots shall have a minimum width of 40 feet.
2.
Depth. All lots shall have a minimum depth of 90 feet.
D.
Setback requirements. The following minimum setback requirements shall apply to all mobile home parks:
1.
Front yard. Ten feet minimum, except detached accessory structures shall have a 25 foot front yard.
2.
Side yard.
a.
Interior lot line: three feet minimum.
b.
Exterior lot line: ten feet minimum.
3.
Rear yard: Minimum ten percent of lot depth, but in no event shall the rear yard be required to exceed 15 feet. The minimum rear yard requirements for mobile homes may be reduced by up to 50 percent if the total minimum overall yard area requirement is maintained.
E.
Distance between residential mobile homes, buildings.
1.
Distance between residential mobile homes.
a.
There shall be a space not less than ten feet between a mobile home and any cabana or other similar permanent accessory structure related to another mobile home.
b.
There shall be a structure not less than 20 feet between a mobile home and any permitted building, except transformer or meter structures.
2.
Distance between buildings. The following provisions shall apply for distance between main buildings and accessory buildings on the same lot. Whenever two or more buildings of mixed heights are adjacent to one another, the distance provisions pertaining to the highest of the buildings shall apply. Nonresidential mobile homes shall be considered accessory structures.
a.
For buildings end to end, the minimum distance shall be ten feet.
b.
For buildings rear to end or front to end with space for exit or entry purposes, the minimum distance shall be 15 feet.
c.
For buildings front to rear with space for entry or exit purposes, the minimum distance shall be 20 feet.
d.
For buildings front to front arranged about an interior court, the driveway being access to parking area or buildings, the minimum distance shall be 30 feet. If there is no driveway, the minimum distance shall be 25 feet.
e.
Distance between main buildings and accessory buildings shall be as required by the Uniform Building Code adopted and incorporated into this Code.
F.
Floor area requirements.
1.
For all single-story buildings and mobile homes and the first story of all multiple story buildings and mobile homes, the maximum FAR shall be 0.50:1.0
2.
For all multiple story buildings and mobile homes, the maximum FAR shall be 0.80:1.0.
G.
Building, mobile home height requirements. No building or mobile home shall have a height greater than two stories or 35 feet, whichever is less. Permitted projections above the height include: ventilating fans or similar equipment required to operate and maintain the building, skylights, flagpoles, chimneys, television antennas, wireless masts or similar structures, when approved by the Planning Commission, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Any area or zone that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive.
H.
Density. There shall be a minimum of 3,200 square feet of lot area for each dwelling unit; provided, however, that there shall be no more than one dwelling unit on any one lot.
I.
Site plan approval.
1.
For all mobile home parks in R-4 zones: a site plan, floor plan for all buildings, elevations of all buildings, and a landscape plan shall be submitted to and approved by the Planning Commission pursuant to the provisions of this section.
2.
For all mobile home parks in P-C zones: no application shall be required; however, approval shall be accomplished through approval of the master plan and development plan.
J.
Landscaping and open space requirements.
1.
Landscaping. All mobile home parks within the P-C zone shall be landscaped and maintained. All new development shall be consistent with the Ceres Water Efficient Landscape Guidelines and Standards and the State of California Model Water Efficiency Landscape Ordinance (MWELO) requirements. All landscaped areas that abut public property shall contain a four-inch raised planter box along the line of abutment.
2.
Open space requirements. Additional open space requirements shall be specified by the Planning Commission or City Council; or as established by the general plan.
K.
Fences, hedges and walls.
1.
All public utility substations allowed shall be concealed by a six-foot high solid masonry wall, or landscaped and maintained fence.
2.
Where a mobile home park abuts any residential zone, a six-foot high solid masonry wall or landscaped and maintained fence shall be erected on the zone boundary.
3.
Where a mobile home park abuts a dedicated street or alley, a six-foot high solid masonry wall or landscaped and maintained fence shall be required.
L.
Off-street parking requirements. For all residential mobile homes, one space per dwelling unit. Where public utility substations, mobile home park offices, and recreational buildings are allowed, the following off-street parking requirements shall apply:
1.
Public utility structures and installations: one space for each two employees on the maximum shift plus the number of additional spaces prescribed by the Community Development Director.
2.
Mobile home park office, recreational building: one space per each five seats or one space per each 50 square feet of usable floor area for seating if seats are not fixed in all facilities in which simultaneous use is probable as determined by the Community Development Director.
3.
Off-street parking shall comply with the standards established by chapter 18.25 of this Code.
M.
Off-street loading requirements.
1.
No provisions for all residential uses.
2.
When any mobile home park office, recreational buildings or other permitted use requires the receipt, delivery or distribution of goods by truck with the potential frequency of once a day or greater; one berth, plus any additional berths as may be required by the Director of Community Development. Off-street loading shall comply with the standards established by chapter 18.25 of this Code.
N.
Access.
1.
Vehicular access.
a.
All mobile home parks shall be located on collector or major thoroughfares as designated by the general plan.
b.
There shall be vehicular access from a dedicated street or alley to off-street parking facilities on the property requiring off-street parking.
c.
All ingress to and egress from collector or major thoroughfares as designated by the general plan shall be in a forward motion.
d.
There shall be an accessway not less than 25 feet in width from a street or alley to each mobile home space, said way to be for both pedestrian and vehicular access. No parking shall be permitted in the required access way.
e.
All major accessways within mobile home parks shall not be less than 31 feet in width.
f.
There shall be a paved turning area in the mobile home park to permit motor vehicles to head into a dedicated street or alley.
g.
All mobile home parks shall be required to have a map of the park at all park entrances for directional purposes.
h.
All internal vehicular access ways shall be properly signed.
2.
Pedestrian access. There shall be pedestrian access from a dedicated street to property used for residential purposes. A driveway shall be considered pedestrian access.
O.
Signing. Signing standards shall be those as stated in chapter 18.26.
P.
Laundry, clothes drying area, facility. All residential mobile home parks within the P-C zone shall contain adequate (as determined by the City Council and/or Planning Commission), laundry and clothes drying facilities, which shall not be visible from adjacent, adjoining, or public property.
Q.
Solid waste storage, disposal facilities. For all uses, no open storage of solid waste allowed. All uses determined by the City Council and/or Planning Commission to need solid waste storage and/or disposal facilities shall provide such facilities, sufficiently hidden from public view by a six-foot high solid masonry wall or landscaped and maintained fence.
R.
Recreational facilities. Recreational facilities shall be installed as required by the City Council and/or Planning Commission.
S.
Park-in-lieu fees. Park land dedication or in-lieu fees shall be required of all mobile home parks, subject to credit for open space provided.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Permit application. Each application for a kennel permit or other animal establishment license shall be upon a form furnished by the Community Development Department. The application form submitted to the Community Development Department will require the applicant for a kennel permit to receive approval of all the property owners from the immediate adjoining properties of the subject site, and 75 percent approval of all property owners and tenants of property that are located within a 300-foot radius of the subject site. Failure to receive approval of the property owners from the immediate adjoining properties and at least a 75 percent approval from property owners within a 300-foot radius shall serve as grounds to deny issuance of the kennel permit. If the application for a kennel permit is approved, the Planning Division shall notify the licensing authority of said approval. The licensing authority may issue a kennel license subject to all rules and regulations which may be established by the Stanislaus Animal Service Agency, and/or Stanislaus County.
B.
Permit term. A kennel permit authorized by the Community Development Department is valid for a period of one year and is automatically renewed annually for a one year period provided all conditions are met, all circumstances remain as identified on the original application, and complies with all rules and regulations which may be established by the Stanislaus Animal Services Agency (SASA).
C.
Permit revocation. Expansion of the activity not previously listed in the original application, failure to comply with City or County conditions, creation of a nuisance to the adjoining residents, or other noncompliance shall be grounds for the City to revoke said kennel permit. The Director of Community Development is directed and authorized to perform this duty.
D.
License. Upon notification by the Community Development Department of its action on the kennel permit, SASA shall be authorized to issue and monitor a kennel license subject to any conditions as may be established by the City and subject to all rules and regulations which may be established by the County.
E.
Fees. The City may adopt fees for processing and reviewing public applications for kennel requests, renewals, and investigation of any associated complaints or revocation of said kennel permits.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
When considering a conditional use permit (CUP) application under this title to permit an automobile service station, the following criteria may be taken into consideration but shall not be mandatory:
1.
A maximum of two automobile service stations shall be allowed at a cross intersection; one at a "T" intersection.
2.
All automobile service stations shall be limited to intersections of major thoroughfare or greater as designated by the general plan.
3.
Where practicable, automobile service stations should be part of a larger commercial or service department.
B.
Each conditional use permit for an automobile service station may include one or more of the following conditions when deemed appropriate by the Director of Community Development:
1.
The minimum building setback from street property lines shall be 40 feet.
2.
The minimum building setback from other property lines shall be ten feet.
3.
The maximum standard width of driveways shall be 30 feet.
4.
The center line of driveways shall be perpendicular to the curb line.
5.
The minimum distance from any driveway to any interior lot line shall be five feet. The minimum distance from any driveway to any exterior lot line shall be 20 feet.
6.
The minimum distance between curb cuts shall be 30 feet.
7.
Five percent of the open area shall be landscaped. The remaining open area shall be paved. Landscaped areas shall be surrounded by concrete curb six inches in height. A landscaping strip five feet wide shall be provided along the full width of internal property lines separating the site from any lot or parcel zoned for residential purposes, and along all alley property lines if the property opposite it is zoned for residential purposes. A landscaping strip three feet wide shall be provided in front of pump islands at the property line. Landscaping shall be provided at street intersections between driveways. The maximum height of landscaping of the intersection shall be 36 inches.
8.
All hydraulic hoists and pits and all lubrication, greasing and repair equipment shall be enclosed entirely within buildings.
9.
All pump islands shall be set back a minimum of 25 feet from any property line.
10.
A site size of 12,000 square feet or less shall be limited to two service bays and six pumps. Two pumps and one service bay may be added for every additional 2,000 square feet of site area.
11.
Exterior lighting must be erected and maintained so as to not glare upon any adjacent property or public right-of-way.
12.
No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees and two trucks and other service vehicles used in the operation of the station.
13.
In the event that any of the provisions of this section conflict with the property development standards applicable to the relevant zoning chapter, the property development standards established for the applicable zone shall apply.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Purpose and authority.
1.
The purpose of this section is to establish standards to ensure that the development of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses and the character of the City.
2.
Emergency shelters shall be operated under the authority of a governing agency or private, non-profit organization that provides, or that contracts with recognized community organizations to provide emergency shelters and which, when required by law, are properly registered and licensed.
3.
Emergency shelters shall comply with the California Health and Safety Code.
B.
Standards. Emergency shelters shall comply with all property development standards of the industrial zone in which they are located in addition to the following development standards:
1.
A single emergency shelter for up to 30 occupants on a property, or a combination of multiple shelters with a combined capacity not to exceed 30 occupants on a property, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet all applicable development standards to the zoning districts in which they are permitted by right and the minimum standards provided by this chapter. Any emergency shelter with a capacity greater than 30 occupants shall be subject to the approval of a conditional use permit.
2.
The facility shall operate on a first-come, first-serve basis with clients only permitted on site and admitted to the facility between 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and the facility shall not guarantee a bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.
3.
A minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
4.
Any outdoor storage, including, but not limited to, items brought on site by clients for overnight stays, shall be screened from public view by a minimum seven-foot tall decorative wall or fence. Service animals may accompany a disabled person, and pets may be permitted if contained within an adequately sized and sturdy pet carrier. Shopping carts shall not be permitted on site. Individual lockers shall be provided to allow shelter clients to temporarily store their private belongings while using the shelter.
5.
No person shall be allowed to camp on the premises or sleep on the premises outside of the shelter building.
6.
Facility improvements shall comply with this Code and the most current adopted California Building and Safety Codes, specific to the establishment of dormitories and shall additionally provide:
a.
Clean sanitary beds and sanitation facilities.
b.
A minimum of one toilet for every eight beds per gender.
c.
A minimum of one shower for every eight beds per gender.
d.
Private shower and toilet facility for each area designated for use by individual families.
e.
If the shelter accommodates both men and women in the same building, segregated sleeping, lavatory and bathing areas shall be provided. Reasonable accommodation shall be made to provide segregated sleeping, lavatory and bathing areas for families.
f.
Adequate indoor client intake areas (100 square feet minimum) must be provided within the premises for clients and prospective clients to prevent queuing into private sidewalks, parking and access areas, or public right-of-way areas.
g.
Parking for emergency shelters shall be provided at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
h.
Bicycle rack parking shall be provided at a minimum of ten bicycles per facility.
i.
Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
j.
The facility may provide the following services in a designated area separate from sleeping areas:
(1)
A counseling center for job placement, educational, health care, legal services, or mental health services.
(2)
Laundry facilities to serve the number of clients at the shelter.
(3)
Central cooking, kitchen facilities, and dining areas.
(4)
Recreation areas. If outdoors, such area shall be visually separated from public view by a minimum six-foot tall decorative screen wall or fence.
C.
An emergency shelter management plan shall be submitted to the City that addresses all of the following:
1.
A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six-foot tall decorative screen wall or fence.
2.
At least one facility manager shall be on site at all hours the facility is open and a minimum of one additional staff member per 15 beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients.
3.
Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to the City.
4.
Service providers shall ensure that clients do not exceed the maximum stay at the facility of six months in a 12-month period.
5.
Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.
6.
Service providers shall educate on-site staff so that they possess adequate knowledge and skills to assist clients in obtaining permanent shelter and jobs, including referrals to outside assistance agencies.
7.
Service providers shall maintain good communication and have procedures in place to respond to inquiries regarding the facility and operations from the neighborhood, City staff, or the general public.
8.
Service providers shall establish standards for responding to emergencies and incidents resulting from the expulsion of clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.
9.
At least one security guard shall be present during hours of operation.
10.
Alcohol and illegal drug use are prohibited on site. Service providers shall expel clients from the facility if said clients are found to be using alcohol or illegal drugs.
11.
The establishment shall implement other requirements as deemed necessary by the City to ensure that the facility does not create an adverse impact to surrounding properties.
12.
The business operator of the shelter shall be required to remove any graffiti on the premises. The graffiti shall be removed within a time frame as deemed appropriate by the City if such incident occurs.
13.
Anti-loitering signs shall be installed on the property to the satisfaction of the Community Development Director.
D.
If there is a conflict between code requirements, the most restrictive one shall apply.
E.
The facility shall comply with the emergency shelter management plan submitted to the City and all other laws, rules, and regulations that apply including, but not limited to, building and fire codes. The facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's management plan and other applicable laws and standards.
F.
The emergency shelter operator shall maintain a valid City business license.
(Ord. No. 2020-1059, § 1, 3-23-2020)
Portable outdoor storage units and shipping containers shall comply with the following requirements:
A.
Number, size, duration and location.
1.
A portable outdoor storage unit or shipping container shall be only placed, kept or stored on a residential property, as an accessory structure.
2.
No more than one portable outdoor storage unit or shipping container shall be placed, kept or stored on a residential property.
3.
A portable outdoor storage unit shall not exceed eight feet in width, 16 feet in length or eight feet in height. A shipping container shall not exceed eight feet in width, 20 feet in length or eight in height.
4.
No portable storage unit shall remain at a residential property in excess of 30 days, whether consecutive or non-consecutive, within a 12-month period, unless authorized by the Director. In the Director's discretion, the Director may authorize a portable outdoor storage unit to remain on residential property for up to 90 days, whether consecutive or non-consecutive, within a 12-month period. When a building permit has been issued for a restoration of a residential property as a result of fire, flood, or other natural disaster, the Director may authorize a portable outdoor storage unit to remain on a residential property for any period of time in the Director's discretion, including a period longer than 90 days. A residential property owner may request that the Director authorize a portable storage unit remaining on residential property in excess of the 30-day period by submitting an application to the Director. A shipping container may be placed on a residential property for any period of time.
5.
A portable outdoor storage unit shall be placed in a driveway, on a paved surface, or in a rear yard if alley access exists at the rear of the site. A shipping container may only be placed in a rear yard.
6.
A portable outdoor storage unit or shipping container larger than 120 square feet shall comply with applicable zoning regulations for a detached accessory building.
7.
A portable outdoor storage unit or shipping container shall not be placed, kept or stored in a public right-of-way.
B.
Signage. A portable outdoor storage unit or shipping container shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable outdoor storage unit.
C.
Maintenance and prohibition of hazardous materials.
1.
A portable outdoor storage unit or shipping container shall be in a good condition, free from evidence of deterioration, weathering, discoloration, rust, peeling paint, ripping, tearing, other holes or breaks or graffiti.
2.
When not in use, a portable outdoor storage unit or shipping container shall be kept locked.
3.
No hazardous materials shall be stored or kept in a portable outdoor storage unit or shipping container.
4.
The owner of a residential property on which a portable outdoor storage unit or shipping container is placed, shall ensure that the portable outdoor storage unit complies with this section.
D.
Exception for prior existing shipping containers in rear yards of residential property. This section shall not apply to any shipping container lawfully placed, kept or stored in the rear yard of a residential property prior to the adoption of this section.
(Ord. No. 2020-1059, § 1, 3-23-2020)
A.
Purpose. The streets and public areas within residential, commercial and industrial zones of the City should be readily accessible and available to the public at large. The use of these areas for camping purposes interferes with the rights of others to use the area, for which they were intended. Such activity can constitute a public health and safety hazard, which negatively impacts the community.
Camping on private property within residential, commercial and industrial zones without the proper sanitary measures for any duration adversely affects private property rights, as well as, the public health, safety, and welfare of the City. The purpose of this section is to maintain streets and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and public welfare of the community. Nothing in this section is intended to interfere with otherwise lawful and ordinary uses of public or private property.
B.
Definitions. Unless it is apparent from the context that another meaning is intended, the following words, when used in this section, shall have the meanings respectively ascribed to them by this subsection.
Camp or camping means to pitch, sleep in, cook in, occupy camp facilities, or use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile.
Camp facilities include, but are not limited to, tents, huts, recreational vehicles, temporary shelters, trailers, and vehicles.
Camp paraphernalia includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks, barbeques, open fires, portable stoves, or other cooking equipment not provided or approved by the City.
Public property means any publicly owned property in the City, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces, including, but not limited to, those adjacent to City Hall or other public facilities or buildings of any kind; and public sidewalks, curbs, and gutters.
C.
Unlawful camping in commercial and industrial zones. Except as otherwise provided in subsection D, it shall be unlawful for anyone to camp upon any public or private property within any residential, commercial and industrial zone.
D.
Exceptions. Nothing in this section shall prohibit:
1.
Persons from lawfully camping within campgrounds approved by the City.
2.
Persons from lawfully camping on private property which is operated, maintained, and publicized to the public as a campground in conformance with the regulations of the City's Municipal Code and Zoning Ordinance.
3.
Persons from camping in connection with a special event conducted in accordance with a permit issued by the City under other provisions of the Ceres Municipal Code.
4.
Commercial vehicles legally parked in or on a public parking lot, roadway, truck route or any other public right of way or private property for the purpose of an FMCSA (Federal Motor Carrier Safety Administration) mandated safety or rest period, and or loading or unloading operation conducted in accordance with normal commercial or industrial activities and existing law.
5.
Persons in residential zoned areas to lawfully park a recreational vehicle on public streets provided they have adjacent property owner/tenant consent to do so. In no case shall such persons be granted more than ten consecutive days to be lawfully parked on a public street.
E.
Enforcement.
1.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this section.
2.
Any person violating any provision of this section shall be issued a written cease and desist notice. The written notice shall set forth the section or sections that the person is violating. The written notice shall state that the individual has eight hours to cease any and all violations of this section from the date the written notice is issued.
3.
If a person who receives a written notice pursuant to subsection E.1 fails to comply with this section in eight hours, the person shall be deemed guilty of an infraction and punishable in accordance with section 19.02.030 of the Ceres Municipal Code.
F.
After a person's third infraction, in addition to other remedies provided by law, a violation of this section shall be a misdemeanor and punishable pursuant to Section 19.02.030 of the Ceres Municipal Code.
G.
Any citation issued for a violation of this section may be dismissed upon review by the City Manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.
(Ord. No. 2021-1064, § 1, 1-25-2021)