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Chico City Zoning Code

DIVISION IV

ZONING DISTRICTS, ALLOWABLE LAND USES, AND ZONE-SPECIFIC

19.40.010 Zoning districts, generally.

   Chico shall be divided into zoning districts which implement the General Plan. The following zoning districts are established, and shall be shown on the official Zoning Map.
(Ord. 2185; Ord. 2231; Ord. 2320 §1, Ord. 2358 §10, Ord. 2427 §10)
TABLE 4-1
ZONING DISTRICTS
Zoning Map Symbol
Zoning District Name
Primary General Plan Land Use Designation and Permitted Densities (1)
Zoning Map Symbol
Zoning District Name
Primary General Plan Land Use Designation and Permitted Densities (1)
Residential Zoning Districts (2)
RS
Suburban Residential
Very Low Density Residential (VLDR) - 0.2 to 2 units per gross acre
R1
Low Density Residential
Low Density Residential (LDR) - 2.1 to 7 units per gross acre or small lot subdivision, 19.42.010(C)
R2
Medium Density Residential
Medium Density Residential (MDR) -6 to 14 units per gross acre
R3
Medium-High Density Residential
Medium-High Density Residential (MHDR) - 14.1 to 22 units per gross acre
R4
High Density Residential
High Density Residential (HDR) - 20 to 70 units per gross acre
RMU
Residential Mixed Use (RMU)
Residential Mixed Use (RMU) (10 to 20 units per gross acre)
Commercial and Office Zoning Districts (3)(4)
OR
Office Residential
Office Mixed Use (OMU) (6 to 20 units per gross acre)
OC
Office Commercial
Office Mixed Use (OMU) (6 to 20 units per gross acre)
CN
Neighborhood Commercial
Neighborhood Commercial (NC) (6 to 22 units per gross acre)
CC
Community Commercial
Commercial Mixed Use (CMU) (6 to 22 units per gross acre)
DN
DS
Downtown North
Downtown South
Commercial Mixed Use (CMU) (6 to 22 units per gross acre
CS
Commercial Services
Commercial Services (CS)
CR
Regional Commercial (CR)
Regional Commercial (CR) (6 to 50 units per gross acre)
Industrial Zoning Districts (3)(5)
IOMU
Industrial Office Mixed Use (IOMU)
Industrial Office Mixed Use (IOMU) (14 to 35 units per gross acre)
ML
Light Manufacturing/Industrial
Manufacturing and Warehousing (M&W)
MG
General Manufacturing/ Industrial
Manufacturing and Warehousing (M&W)
Airport Zoning Districts
A
Aviation
Public Facilities and Services (PFS)
AC
Airport Commercial
Commercial Services (CS)
AM
Airport Manufacturing/Industrial
Manufacturing and Warehousing (M&W)
AP
Airport Public Facilities
Public Facilities and Services (PFS)
Special Purpose Zoning Districts
SPA
Special Planning Area
Varies according to General Plan land plan for each SPA, zoning districts shall be consistent with conceptual land use plan
PQ
Public/Quasi Public Facilities
Public facilities and services (PFS)
OS1
Primary Open Space
Primary Open Space (POS)
OS2
Secondary Open Space
Secondary Open Space (SOS)
Overlay Zoning Districts
-AE
Airport Environs
Varies according to General Plan policies
-AO
Airport Overflight
Varies according to General Plan policies
-L
Landmark
All designations
-PD
Planned Development
All designations
-RC
Resource Constraint
Resource Constraint Overlay (RCO)
-COS
Corridor Opportunity Site
Varies according to General Plan designation and primary zoning district
-SD
Special Design Considerations
Varies according to Title 19
-FS
Fraternity and Sorority
Medium-High Density Residential -14.01 to 22 units per gross acre and High Density Residential -14.01 to 35 units per gross acre
-FD
Foothill Development
Varies according to General Plan designation
-VE
Valley’s Edge
All designations
 
Notes:
(1)   A zoning district may implement and be consistent with more than one General Plan land use designation.
(2)   When located within a Corridor Opportunity Site, permitted residential uses have a maximum density of 70 dwelling units per gross acre.
(3)   If residential uses are incorporated horizontally, the minimum density shall be met, but if integrated vertically, there is no minimum density requirement.
(4)   When located Downtown or within a Corridor Opportunity Site, permitted residential uses have a maximum density of 60 dwelling units per gross acre.
(5)   There is no minimum density requirement for live/work units or caretaker housing.
(Ord. 2427 §10, Ord. 2440 §22, Ord. 2494, §17; Ord. 2583, §4; Ord. 2600; Ord. 2610)

19.40.020 Zoning district regulations.

   A.   Purpose. Chapters 19.42 through 19.52 determine which land uses are allowed in each zoning district described therein, what land use entitlement is required to establish each use, and the basic development standards that apply to allowed land uses in each zoning district.
   B.   Determination of Allowable Land Uses and Permit Requirements. The uses of land allowed by these Regulations in each zoning district are identified in various tables in this Title as being:
      1.   "P," a permitted use, subject to compliance with all applicable provisions of these Regulations, subject to first obtaining a zoning clearance (Section 19.16.070), and any building permit or other permit required by the Municipal Code;
      2.   "UP," a conditional use, allowed subject to approval of a use permit (Chapter 19.24);
      4.   "TU," a temporary use, subject to the provisions of Chapter 19.22.
   Note: Where the last column of a table (Subject to Standards in Section/Chapter:) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use; however, provisions in other sections/chapters may apply as well.
   C.   General Development Standards.
      1.   Site Divided by Zoning District Boundary. Where a site is divided by one or more district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable.
      2.   Zoning of Vacated Streets and Alleys. Where a public street or alley is officially vacated, the zoning regulations applicable to the abutting property shall apply to the vacated street or alley. Exception: For sites where one of the district areas constitutes less than ten percent of the site, and is not a Special Purpose Zoning District (e.g., OS1, OS2), development of the site may occur in compliance with the predominant district or as described above, at the owner's discretion.
      3.   Conflicts Between Provisions.
         a.   In the event of any conflict between the zoning district regulations of this division and the provisions of Division V (Site Planning and General Development Standards) the provisions of Division V shall control; and
         b.   In the event of any conflict between the zoning district regulations of this division and the provisions of any applicable development agreement or specific plan, the provisions of the development agreement or specific plan shall control.
      4.   Enclosed Buildings. Unless otherwise expressly permitted, all goods displayed and sold and all services performed shall be within an enclosed building.
   D.   Consolidated Lots in Two Zoning Districts. In the event two or more lots are proposed for consolidation through the approval of a lot line adjustment, parcel map, or tentative map in compliance with Title 18 (Subdivisions) of the Municipal Code so that a single lot is substantially covered by two or more zoning districts, the application for adjustment or map approval shall be accompanied by an application for rezoning of the lot into a single zoning district. Exception: No rezone application shall be required for lot line adjustments where the transfer area is less than ten percent of the receiving parcel.
(Ord. 2185, Ord. 2358 §11; Ord. 2378, Ord. 2494, §18)

19.40.030 Special Planning Areas

   All zoning districts may be compatible with the Special Planning Area General Plan designation if the zoning district is adopted as part of a specific plan or other comprehensive master plan for a Special Planning Area.
(Ord. 2427 §11)

19.40.040 Mixed Use Development.

   Mixed use developments are allowed in all zoning districts, so long as each component of the mixed use is an allowed land use in that zoning district. A use permit must be obtained for those components of a mixed use development for which a use permit is required in the underlying zoning district. Land uses which are prohibited in a particular zoning district may not be a component of a mixed use development in that district. Exception: Mixed use development resulting from the addition of either single-family or multi-family residential units to existing non-residential development may be allowed in those zoning districts where residential uses are not normally permitted, subject to use permit approval.
(Ord. 2440 §24)

19.42.010 Purpose, applicability.

   This chapter provides regulations applicable to development and new land uses in the residential zoning districts established by Section 19.40.010. The purposes of the individual residential zoning districts and the manner in which they are applied are as follows.
   A.   RS (Suburban Residential) District. The RS zoning district is applied to areas that remain predominantly rural or agricultural in character. Typical parcel sizes range from 20,000 square feet to 2 acres; clustered development with smaller parcel sizes may be allowed where average density does not exceed 2 units per acre. The RS zoning district is primarily intended to implement the Very Low Density residential land use designation of the General Plan. An RS zoning district may include specific minimum parcel size requirements for new subdivisions, expressed as a suffix to the RS zoning map symbol (for example, RS-2 and RS-1 mean 2-acre and 1-acre minimum lot areas, respectively; RS-20 means 20,000 square foot minimum lot areas).
   B.   R1 (Low Density Residential) District. The R1 zoning district is applied to areas appropriate for traditional neighborhoods consisting of attached or detached single-family housing units. Permitted densities range from a minimum of 2.1 to a maximum of 7 units per acre. The R1 zoning district is primarily intended to implement the Low Density Residential land use designation of the General Plan.
   An R1 zoning district may include specific minimum parcel size requirements for new subdivisions, expressed as a suffix to the R1 zoning map symbol (for example, R1-10 and R1-15 mean 10,000-square-foot and 15,000-square-foot minimum lot areas, respectively).
   C.   R2 (Medium Density Residential) District. The R2 zoning district is applied to areas appropriate for medium density residential development with a mixture of housing types, including single-family homes, duplexes, and multi-family residential projects. The development standards and permit requirements of the R2 district are intended to preserve existing neighborhoods while providing for additional compatible development. Permitted densities range from a minimum of 6 to a maximum of 14 units per acre. The R2 zoning district is primarily intended to implement the Medium Density Residential land use designation of the General Plan.
   D.   R3 (Medium-High Density Residential) District. The R3 zoning district is applied to areas appropriate for medium-high density residential neighborhoods. Permitted densities range from a minimum of 14.1 to a maximum of 22 units per acre. Multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of Area Median Income (AMI). The R3 zoning district is primarily intended to implement the Medium-High Density Residential land use designation of the General Plan.
   E.   R4 (High Density Residential) District. The R4 zoning district is applied to parcels appropriate for high density residential living. Permitted densities range from a minimum of 20 to a maximum of 70 units per acre. The R4 zoning district is primarily intended to implement the High Density Residential land use designation of the General Plan.
   F.   RMU (Residential Mixed Use) District. The RMU district is characterized by predominantly residential development at medium to high densities. It allows for commercial or office uses on the same property as residential uses, either vertically or horizontally. It does not preclude development that is entirely residential or entirely commercial. Other primary uses, including certain commercial uses, may be allowed by right or with approval of a use permit in compliance with Table 4-2. The RMU zoning district is primarily intended to implement the Residential Mixed Use designation of the General Plan. Permitted densities range from a minimum of 10 to a maximum of 20 units per acre. Multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of AMI.
(Ord. 2185; Ord. 2320 §2; Ord. 2378; Ord. 2427 §12, Ord. 2494 §19; Ord. 2600)

19.42.020 Residential zone land uses and permit requirements.

   Table 4-2 identifies the uses of land allowed by these Regulations in each residential zoning district, and the land use entitlement required to establish the use.
   Where the last column of the table (“Subject to Standards in Section/Chapter”) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use. Provisions in other sections/chapters may apply as well.
(Ord. 2185; Ord. 2223; Ord. 2232; Ord. 2280; Ord. 2342; Ord. 2397 §6; Ord. 2427 §13 )
TABLE 4-2 - ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT FOR ZONE
Subject to Standards in Section/ Chapter:
RS
R1
R2
R3
R4
RMU
LAND USE (1)
PERMIT REQUIREMENT FOR ZONE
Subject to Standards in Section/ Chapter:
RS
R1
R2
R3
R4
RMU
AGRICULTURAL, RESOURCE, & OPEN SPACE USES
Animal keeping (Large Animals)
P
UP
19.76.040
Animal keeping (Small Animals)
P
P
P
19.76.040
Crop production, commercial
P(2)
Equestrian facilities
UP
Greenhouses, commercial
UP(2)
Plant nurseries
UP
Community Gardens
P
P
P
P
P
P
19.76.190
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Churches/places of worship
UP
UP
UP
UP
UP
UP
Community centers/pavilions
UP
UP
UP
UP
UP
UP
Golf courses, country clubs
UP
UP
UP
Health/fitness clubs
UP
UP
UP
Private residential recreational facilities
P
P
P
P
P
P
Recreational vehicle (RV) parks
UP
UP
Schools - Public and private
UP
UP
UP
UP
UP
UP
Schools - Specialized education and training
UP
UP
UP
UP
UP
UP
Theaters, auditoriums and meeting halls
UP
RESIDENTIAL USES
Assisted living facilities for the elderly
UP
UP
UP
UP
UP
Dormitory
UP
UP
UP
Fraternity/sorority housing
P
P
P
19.52.090
Guest house
P
P
P
19.76.100
Home occupations
P
P
P
P
P
P
19.20
Household pets
P
P
P
P
P
P
19.76.040
Live/work
P
Low barrier navigation center
P
19.76.080
Mobile home parks
UP(3)
UP(3)
UP(3)
Mobile homes/manufactured homes
P
P
P
P
P
P
19.76.110
Multi-family housing
P
P
P
P
Residential accessory uses and structures
P
P
P
P
P
P
19.76.020
Residential care homes, 6 or fewer clients
P
P
P
P
P
P
Residential care homes, 7 or more clients
UP
UP
UP
Accessory dwelling unit
P(4)
P(4)
P(4)
P(4)
P(4)
P(4)
Senior citizen congregate care housing
UP
UP
P
P
P
Single-family housing
P
P
P(3)
P(3)
P(3)
Single-room occupancy (SRO) housing
P
P
P
19.76.140
Supportive housing
P
P
P
P
P
P
Temporary dwellings
TU
TU
TU
TU
TU
TU
Temporary emergency shelters
P
P
P
P
P
P
19.22
Transitional housing
P
P
P
P
P
P
Two-family housing/duplexes
P/UP(3)
P
P
P
P
Two-unit housing development
P(5)
P(5)
19.76.220
RETAIL TRADE USES
Accessory retail uses
P
Alcoholic beverage establishments
UP (6)
Art, antiques, collectibles, gifts
P
Drug stores/pharmacies, 4,000 sq.ft. or less
P (6)
Drug stores/pharmacies, 2,500 sq.ft. or less
UP
UP
UP
UP
UP
P (6)
Furniture, furnishings, and equipment stores
UP
Grocery stores, 4,000 sq.ft. or less
P (6)
Grocery stores, less than 2,500 sq.ft.
UP
UP
UP
UP
UP
P (6)
Liquor stores
UP (6)
Pet shops
UP
Restaurants, 2,500 sq.ft. or less
P (6)
Restaurants, more than 2,500 sq.ft.
UP (6)
Retail stores, 2,500 sq.ft. or less
P (6)
Retail stores, more than 2,500 sq.ft.
UP (6)
Secondhand stores, less than 2,500 sq.ft.
P
 
SERVICES
Automated teller machines (ATMs)
P
Banks and financial services, 4,000 sq.ft. or less
P
Bed and breakfast inns, 1 to 5 guest rooms
UP
UP
UP
UP
UP
UP
19.76.050
Catering services
UP
Community social services
UP
Day care facilities, child/adult day care centers
UP
UP
UP
UP
UP
UP
Day care facilities, large family day care homes
P
P
P
P
P
P
19.76.060
Day care facilities, small family day care homes
P
P
P
P
P
P
Mortuary/funeral home
UP
Offices, accessory to primary use
P
Offices, business and professional
P
Personal services, 2,500 sq.ft. or less
P (6)
Printing and publishing - computer/electronic
UP
Public utility or safety facilities
UP
UP
UP
UP
UP
UP
Storage, accessory to residential project
UP
UP
UP
UP
UP
UP
Storage, located on second floor or above
P
Storage, personal storage facility
UP
UP
UP
UP
UP
UP
TRANSPORTATION & COMMUNICATION USES
Alternative fuel/recharging facilities
UP
UP
UP
Parking facilities/vehicle storage
UP
Transit stations and terminals
UP
 
 
KEY TO PERMIT REQUIREMENTS
Symbol
Permit Requirement
Procedure is in Section/Chapter:
P
Permitted use, zoning clearance required.
UP
Conditional use, use permit required.
TU
Temporary use.
Use not allowed. (See Section 19.02.020(E) regarding uses not listed.)
 
Notes:
   (1)   See Chapter 19.04 for definitions of the listed land uses.
   (2)   Use allowed only on a site of 1 acre or larger.
   (3)   Allowed only within density requirements of General Plan Designation.
   (4)   Accessory dwelling units shall comply with all applicable development standards set forth in 19.76.130.
   (5)   Development of up to two units may be allowed on property zoned RS or R1, subject to the standards and requirements established in CMC Section 19.76.220.
   (6)   Businesses which operate between the hours of 10PM and 6AM or allow amplified music within 300 feet of a residential district require use permit approval.
(Ord. 2440 §23, Ord. 2461 §2, Ord. 2494, §20, Ord. 2511, §9, Ord. 2519, §15; Ord. 2549, §5; Ord. 2850, §8; Ord. 2600; Ord. 2610)

19.42.030 Residential zone general development standards.

   The requirements in Tables 4-3A, 4-3B and 4-3C shall apply to new land uses and structures, and alterations to existing land uses and structures, in addition to any applicable development standards (such as landscaping, parking and loading) in Division V.
(Ord. 2185; Ord. 2223; Ord. 2243; Ord. 2263; Ord. 2378, Ord. 2427 §14, Ord. 2511, §10)
TABLE 4-3A
RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning DIstrict
RS
Development Feature
Requirement by Zoning DIstrict
RS
Minimum Lot Size
Determined by Section 19.42.040(A) (Minimum lot area and density).
   Minimum area
   Minimum width at front setback line
80 ft. in RS-20; 100 ft. elsewhere. See the subdivision regulations for cul-de-sac lots.
Residential Density
0.2 to 2 units per acre for subdivisions. One single-family unit per lot, and up to one detached ADU and one JADU in compliance with Section 19.76.130; or, a two-family housing/duplex use in compliance with Section 19.76.220.
Setbacks Required
20 ft.
   Front
   Sides (each)
10 ft. in RS-20;
20 ft. elsewhere.
   Street side
   Rear
20 ft. in RS-20;
30 ft. elsewhere
   Accessory structures
See Section 19.76.020 (accessory uses and structures)
Site Coverage (1)
40%
Height Limits
35 ft. for housing units;
15 ft. for accessory structures;
25 ft. for accessory structures, with use permit approval;
15 feet for detached garages;
25 ft. for garages with an ADU above;
25 ft. for garages without an ADU above, with administrative use permit approval.
 
Notes:
(1)   Maximum percentage of site area that may be covered with structures (see the definition of site coverage in Chapter 19.04).
TABLE 4-3B
RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning District
R1
R2
Development Feature
Requirement by Zoning District
R1
R2
Minimum Lot Size
   Minimum Area
Interior lots: 4,500 sq.ft., or as determined by Section 19.42.040 -A.
Corner lots: 5,500 sq.ft., or as determined by Section 19.42.040 -A.
Small lot subdivisions: 3,500 to 4,499 sq.ft., in compliance with Section 19.76.150 .
Parcels smaller than 3,500 sq.ft. may be created through PD permit approval (Chapter 19.28) or an urban lot split (Section 19.76.220).
Interior lots: 4,000 sq.ft.; 3,960 sq.ft. with parkways.
Corner lots: 4,400 sq.ft.; 4,250 sq.ft. with parkways.
   Minimum width at front setback line
For R1: 45 ft., interior lots; 50 ft., corner lots. For R1-10 & R1-15: 70 ft. interior lots; 75 ft. corner lots. See Title 18R , Design Criteria and Improvement Standards, for cul-de-sac lots. Lesser width is required for lots created by an urban lot split (Section 19.76.220 ).
40 ft. interior lots, 48 ft. corner lots.
Residential Density (affordable housing projects, refer to (2))
2.1 minimum, 7 units maximum per acre for subdivisions. One single-family unit, JADU, and detached ADU per lot in compliance with Section 19.76.130; or, a two-family housing/duplex use in compliance with Section 19.76.220.
6 to 14 units per acre
Setbacks Required

   Front
Lots of 4,500 sq.ft. or more: 15 ft. for main buildings and 20 ft. for garages/carports.
Lots of 3,500 - 4,499 sq.ft.: See Section 19.76.150 (Small-lot subdivisions).
Lots less than 3,500 sq.ft.: See Section 19.76.220 (Urban Lot Split).
10 ft. for main buildings; 20 ft. for garages/carports unless the garage is accessed from a side entrance which does not result in vehicles blocking the public right-of-way and is approved by the Director. None required for condominiums, townhouses, and similar housing types.
   Sides (each)
4 ft.; 10 ft. for R1-10 and R1-15
4 ft.; plus 5 ft. additional for each story over the first where the setback abuts an RS or R1 district.
   Street side
10 ft. for main buildings; 20 ft. for garages/carports; 9 ft. for main buildings on lots with parkways.
10 ft. for main buildings; 20 ft. for garages/carports.
   Rear
15 ft. for main buildings.
Lots of 3,500 - 4,499 sq.ft.: See Section 19.76.150 (Small-lot subdivisions).
Lots less than 3,500 sq.ft.: See Section 19.76.220 (Urban Lot Split).
15 ft. for main buildings; plus 5 ft. additional for each story over first where setback abuts RS or R1 zone.
   Accessory structures
See Section 19.76.020 (Accessory uses and structures).
Site Coverage (see definitions in Chapter 19.04)
50% single-story primary housing units;
40% multi-story primary housing units;
50% R1-10, and R1-15.
60%
Minimum Open Space
Not applicable.
40%
Height Limits
35 ft. for primary housing units;
15 ft. for accessory structures;
25 ft. for accessory structures, with use permit approval;
25 ft. for garages with an ADU above
25 ft. for detached garages without an ADU above.
35 ft. for primary housing units;
15 ft. for accessory structures;
25 ft. for accessory structures, with use permit approval;
25 ft. for garages with an ADU above;
25 ft. for detached garages without an ADU above, with a minimum setback distance of 10 feet from all property lines.
 
Notes:
(1)   Maximum percentage of site area that may be covered with structures.
(2)   Where the allowable density is 20 or 22 dwelling units per acre, multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of AMI.
(Ord. 2435 §43, Ord. 2494, §21, Ord. 2511, §10; Ord. 2549, §6; Ord. 2850, §9; Ord. 2600)
TABLE 4-3C
RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development Feature
R3
R4
RMU
Requirement by Zoning District
Development Feature
R3
R4
RMU
Minimum Lot Size
   Minimum area
Interior lots: 4,000 sq.ft.; 3,960 sq.ft. w/parkway.
Corner lots: 4,400 sq.ft., 4,250 sq.ft. w/parkways.
7,500 sq.ft.
   Minimum width at front setback line
Interior lots: 45 ft.
Corner lots: 50 ft.
75 ft.
Residential Density (affordable housing projects, refer to (3))
14.1 to 22 units per acre
20 to 70 units per acre
10 to units per acre
Setbacks Required
   Front
10 ft. for main buildings; 20 ft. for garages/carports.
10 ft. for main buildings; 20 ft. for garages/carports.
   Sides (each)
5 ft.; plus 5 ft. additional for each story over the first where setback abuts an RS or R1 district.
   Street side
10 ft. for main buildings; 20 ft. for garages/carports.
   Rear
15 ft. for main buildings; plus 5 ft. additional for each story over the first where setback abuts an RS or R1 district.
10 ft. for main buildings where rear yard abuts alley; 15 ft. elsewhere; plus 5 ft. additional for each story over the first where setback abuts an RS or R1 district.
   Accessory structures
See Section 19.76.020 (Accessory uses and structures).
Site Coverage (1)
65%
75%
Minimum Open Space (2)
Determined through Design Review.
Height Limits
45 ft. for primary housing units;
15 ft. for accessory structures and detached garages;
25 ft. for accessory structures and detached garages, with a minimum setback distance of 10 feet from all property lines.
85 ft. for primary housing units in the R4 district;
45 feet for primary housing in the RMU district, and up to 65 feet in the Corridor and Downtown Opportunity Site overlay zones:
15 ft. for accessory structures;
25 ft. for accessory structures with use permit approval;
25 ft. for detached garages with a second floor dwelling unit;
25 ft. for detached garages without a second floor dwelling unit, with a minimum setback distance of 10 feet from all property lines.
 
Notes:
(1)   Maximum percentage of site area that may be covered with structures (see the definition of site coverage in Chapter 19.04).
(2)   Minimum usable common or individual outdoor open space area.
(3)   Where the allowable density is 20 or 22 dwelling units per acre, multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of AMI.
(Ord. 2427 §14, Ord. 2494 §21, Ord. 2511, §10; Ord. 2600)

19.42.040 Minimum lot area and density.

   The minimum area for each parcel and the maximum density of residential development are determined by Section 19.42.030, except where otherwise determined by this section.
   A.   Minimum Lot Area for Subdivisions. Where a residential zoning district includes a numerical suffix (for example, RS-1 or RS-4), the minimum lot area shall be as established by the numerical suffix as provided in Table 4-4.
   B.   Exemptions to Minimum Residential Density. The minimum density requirements shall not apply to developed parcels 15,000 square feet or smaller in size, so long as any additional development or redevelopment results in a greater density than what existed on the parcel at the time the most recent General Plan was adopted. For undeveloped parcels 15,000 square feet or smaller in size, density may be calculated using net site acreage rather than gross acreage when so doing substantially advances General Plan goals of infill development and neighborhood compatibility.
   C.   Exemptions to Maximum Residential Density. The maximum density requirements shall not apply to subdivisions of infill parcels 15,000 square feet or smaller in size, so long as all newly created lots comply with the minimum lot sizes established in that same table.
(Ord. 2381 §1)(Ord. 2435 §25; Ord. 2600)
TABLE 4-4
MINIMUM LOT AREA FOR SUBDIVISIONS IN AREAS WITH ZONING SUFFIX
Suffix to Zoning Map Symbol
Minimum Lot Area Required (1)
Suffix to Zoning Map Symbol
Minimum Lot Area Required (1)
RS-5
5 acres
RS-4
4 acres
RS-3
3 acres
RS-2
2 acres
RS-1
1 acre
RS-20
20,000 sq.ft.
R1-15
15,000 sq.ft.
R1-10
10,000 sq.ft.
 
Notes:
(1)   Minimum lot area may be reduced for eligible RS and R1 zoned properties in compliance with Section 19.76.220.
(Ord. 2427 §15; Ord. 2850, §10 (part))

19.44.010 Purpose, applicability.

   This chapter provides regulations applicable to development and new land uses in the commercial zoning districts established by Section 19.40.010. The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows.
   A.   OR (Office Residential) District. The OR zoning district is applied to areas of existing and future office and residential development. The district permits office/residential mixed-use development in areas where retail and other community commercial uses are not appropriate. The density range for residential development within the OR district is 6 to a maximum of 20 dwelling units per acre. The OR zoning district is primarily intended to implement the Office Mixed Use land use designation of the General Plan.
   B.   OC (Office Commercial) District. The OC zoning district is applied to areas appropriate for administrative, financial, business, professional, medical, and public offices, together with supporting commercial uses. The density range for residential development within the OC district is 6 to a maximum of 20 dwelling units per acre. The OC zoning district is primarily intended to implement the Office Mixed Use land use designation of the General Plan.
   C.   CN (Neighborhood Commercial) District. The CN zoning district is applied to areas appropriate for retail sales, businesses, institutions, and services serving the daily needs of nearby residents. This district may also permit mixed-use developments with residential uses above the ground floor. Vertical or horizontal mixed use is required on sites of two acres or greater. The density range for residential development within the CN district is 6 to a maximum of 22 dwelling units per acre. The CN zoning district is primarily intended to implement Neighborhood Commercial land use designation of the General Plan.
   D.   CC (Community Commercial) District. The CC zoning district is applied to areas appropriate for a wide range of retail businesses. This district also accommodates mixed-use developments with residential uses above the ground floor. The residential density range for mixed use development in the CC zoning district is 6 to a maximum of 22 units per acre. The CC zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan.
   E.   DN (Downtown North) District. The DN zoning district is applied to the central downtown area north of 6th Street. Appropriate uses include a wide range of retail, personal service, educational, cultural, and recreational uses, with office and residential uses above the ground floor. The density range for residential development within the DN district is 6 to 22 units per acre. The DN zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan. The DN zoning district permits development of retail or other uses that contribute to increased pedestrian activity on the ground-floor and requires use permit approval for other ground- floor uses.
   F.   DS (Downtown South) District. The DS zoning district is applied to the central Downtown area south of 6th Street. Appropriate uses may include a wide range of retail with limited commercial service and auto-oriented uses. Residential uses above the ground floor are allowed at a density range of 6 to a maximum of 22 units per acre. The DS zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan.
   G.   CS (Commercial Services) District. The CS zoning district is applied to areas appropriate for commercial businesses not allowed in other commercial areas because they attract high volumes of vehicle traffic or may have adverse impacts on other surrounding uses. The CS zoning district is primarily intended to implement the Commercial Services land use designation of the General Plan.
   H.   CR (Regional Commercial) District. The CR zoning district is applied to sites appropriate for larger retail and service businesses that serve residents from the City and the region. Mixed-use projects integrating office or residential uses are allowed. The density range for residential development within the CR district is 6 to a maximum of 50 units per acre. The CR zoning district is primarily intended to implement the Regional Commercial land use designation of the General Plan.
(Ord. 2185; Ord. 2223, 2427 §16, 2440 §25)

19.44.020 Commercial/office zone land uses and permit requirements.

   Table 4-6 identifies the uses of land allowed by these Regulations in each office and commercial zoning district, and the land use entitlement required to establish each use.
   Where the last column of the table (“Subject to Standards in Section/Chapter”) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use; however, provisions in other sections/chapters may apply as well.
(Ord. 2205; Ord. 2223; Ord. 2231; Ord. 2272; Ord. 2340; Ord. 2406, 2427 §17, Ord. 2519, §16)
TABLE 4-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Subject to Standards in Section/ Chapter:
OR
OC
CN
CC
DN
DS
CS
CR
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Subject to Standards in Section/ Chapter:
OR
OC
CN
CC
DN
DS
CS
CR
AGRICULTURAL, RESOURCE & OPEN SPACE USES
Plant nurseries
 
 
UP
UP
 
UP
P
P
 
Community gardens
P
P
P
P
P
P
P
P
19.76.190
MANUFACTURING & PROCESSING
Beverage products, small scale, 2,500 sf max.
 
 
 
P
 
UP
P
P
 
Cannabis distributor
 
 
 
 
 
 
P
 
19.75
Cannabis manufacturer
 
 
 
 
 
 
P(9)
 
19.75
Food products, small scale, 2,500 sf max.
 
 
 
P
 
UP
P
P
 
Handicraft industries, small scale manufacturing
 
 
 
 
 
P(2)
P(2)
 
 
Laundries and dry cleaning plants
 
 
 
 
 
 
UP
 
 
Manufacturer taproom
 
 
 
P(5)
 
 
P(5)
P(5)
Printing and publishing
 
 
 
UP
 
UP
P
 
 
Recycling - Large collection facility
 
 
 
 
 
 
UP
 
 
Recycling - Small collection facility
 
 
P(3)
P(3)
P(3)
P(3)
P(3)
P(3)
Wholesaling and distribution
 
 
 
 
 
 
P
 
 
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Cardrooms
 
 
 
UP
UP
UP
UP
UP
5.32
Churches/places of worship
UP
UP
UP
P(5)
P(5)
P(5)
P(5)
P(5)
 
Community centers/pavilions
 
 
UP
UP
P(4) (5)
P(4) (5)
P(5)
P(5)
 
Health/fitness clubs
UP
UP
UP
P
P(4)
P(4)
P
P
 
Indoor amusement/entertainment
 
 
UP
P
UP
UP
P
P
 
Libraries and museums
UP
P
UP
P
P
P
P
P
 
Membership organization facilities
 
 
 
UP
P(4)
P(4)
P
P
 
Nightclubs
 
 
 
UP
UP
UP
P(5)
P(5)
Outdoor commercial recreation
 
UP
UP
UP
 
 
UP
UP
 
Private residential recreational facilities
UP
 
UP
UP
P(4)
P(4)
UP
UP
 
Recreational vehicle (RV) parks
 
 
 
 
 
 
UP
 
 
Schools - Public and private
UP
UP
UP
UP
UP
UP
UP
UP
 
Schools - Specialized education and training
UP
P
UP
P
P
P
P
P
 
Temporary uses
TU
TU
TU
TU
TU
TU
TU
TU
Theaters, auditoriums and meeting halls
 
 
UP
P(5)
P(5)
P(5)
P(5)
P(5)
 
RESIDENTIAL USES
Assisted living facilities for the elderly
UP
UP
UP
UP
P(4)
P(4)
UP
UP
 
Caretaker and employee housing
 
 
 
 
 
 
UP
 
 
Emergency shelters
UP
UP
 
UP
 
 
UP
 
 
Home occupations
P
P
 
 
 
 
 
 
Household pets
P
P
P
P
P
P
P
P
Live/work
P(4)
P(4)
P(4)
P(4)
P(4)
P(4)
P(4)
P(4)
 
Low barrier navigation center
P
P
P
P
P(4)
P(4)
 
P
Mobile home parks
 
 
 
 
 
 
UP
 
 
Multi-family housing
P
P
P
P
P(4)
P(4)
 
P
 
Residential accessory uses and structures
P
 
 
 
 
 
 
 
Residential care homes, 6 or fewer clients
P
UP
P
UP
 
 
UP
UP
 
Residential care homes, 7 or more clients
UP
UP
UP
UP
 
 
UP
UP
 
Single-family housing
P
P
P(4)
P
 
 
 
 
 
Single-room occupancy (SRO) housing
 
 
P(4)
P(4)
P(4)
P(4)
P
P(4)
Temporary emergency shelters
P
P
P
P
P
P
P
P
Transitional and supportive housing
UP
UP
P(4)
P(4)
P(4)
P(4)
 
P(4)
 
Two-family housing/duplexes
P
P
P(4)
P
P(4)
P(4)
 
P
 
RETAIL TRADE USES
Accessory retail uses
P
P
P
P
P
P
P
P
Alcoholic beverage establishments
 
 
UP
P(5)
P(5)
P(5)
UP
P(5)
Auto, mobile home and vehicles sales
 
 
 
UP
 
UP
P
P
 
Auto parts sales without repair
 
 
UP
P
 
UP
P
P
 
Auto parts sales with repair
 
 
 
UP
 
UP
P
P
 
Building material stores
 
 
 
P
 
 
P
P
 
Cannabis retailer - storefront
 
 
 
UP
 
 
UP
UP
19.75
Cannabis retailer - delivery only
 
P
 
P
 
 
P
 
19.75
Drive-in and drive-through sales
 
UP
UP (6)
UP
 
UP (8)
UP
UP
Drug stores/pharmacies, 4,000 sq. ft. or less
P
P
P
P
P
P
P
P
 
Drug stores/pharmacies, more than 4,000 sq. ft.
 
 
UP
P
UP
P
P
P
 
Farm equipment and supplies sales
 
 
 
 
 
 
P
UP
 
Furniture, furnishings, and equipment, 2500 sq. ft. or less
 
 
P
P
P
P
P
P
 
Furniture, furnishings, and equipment, 2500 sq. ft. or larger
 
 
UP
P
UP
UP
P
P
 
Grocery stores, 4,000 sq. ft. or less
P
P
P
P
P
P
P
P
 
Grocery stores, 4,000 to 40,000 sq. ft.
 
 
UP
P
UP
P
P
P
 
Grocery stores, 40,000 sq. ft. or larger
 
 
UP
P
UP
UP
 
P
 
Liquor stores - limited hours
 
 
P
P
UP
P
P
P
 
Liquor stores
 
 
UP
P
UP
UP
P
P
 
Outdoor retail sales and activities
 
 
P
P
 
 
P
P
Outdoor retail sales, temporary
TU
TU
TU
TU
TU
TU
TU
TU
Pet shops
 
 
UP
P
 
UP
P
P
 
Restaurants, 5,000 sq. ft. or less
P
P
P
P
P
P
P
P
 
Restaurants, accessory, less than 5% of floor area
P
P
P
P
P
P
P
P
 
Restaurants, 5,000 sq. ft. or larger
UP
UP
UP
P
P
P
P
P
 
Restaurant with full bar
UP
UP
UP
P(5)
P
P
P(5)
P(5)
Retail stores, general merchandise, 2,500 sq. ft. or less
 
 
P
P
P
P
P
P
 
Retail stores, general merchandise, 2,500 sq. ft. or larger
 
 
UP
P
P
P
P
P
 
Shopping centers, 200,000 sq. ft. or less
 
 
PD
P
 
 
 
P
 
Shopping centers, 200,000 sq. ft. or larger
 
 
 
P
 
 
 
P
 
Tasting rooms
 
 
P
P
P
P
P
P
 
Walkup sales windows using public sidewalk
P
P
P
P
 
 
P
P
 
Warehouse retail stores
 
 
 
UP
 
 
P
P
 
SERVICES USES
Automated teller machines (ATMs), non-drive thru
P
P
P
P
P
P
P
P
 
Banks and credit unions
P
P
P
P
P
P
P
P
 
Bed and breakfast inns, 1 to 5 guest rooms
UP
 
UP
UP
UP
UP
UP
UP
Business support services
P
P
P
P
P(4)
P(4)
P
 
 
Cannabis testing laboratory
 
P
 
P
 
 
P
 
19.75
Car wash facility
 
 
UP
UP
 
 
P
P
 
Catering services
 
 
UP
P
UP
UP
P
 
 
Community social services
UP
UP
 
UP
UP (5)
UP
UP
UP
 
Construction or contractor’s yard
 
 
 
 
 
 
P
 
 
Day care facilities, child/adult day care center
UP
UP
UP
UP
UP
UP
UP
UP
 
Day care facilities, large family day care homes
UP
UP
UP
UP
UP
UP
UP
UP
Day care facilities, small family day care homes
UP
UP
UP
UP
UP
UP
UP
UP
 
Drive-in and drive-through services
 
UP
UP(7)
UP
 
 
UP
UP
Financial services
P
P
P
P
P(4)
P
 
P
 
Gas station
 
 
UP
UP
 
UP
UP
UP
Hotel or motel
 
 
 
UP
UP
UP
P
P
 
Kennels and animal boarding
 
 
 
 
 
 
UP
UP
 
Medical offices
P
P
P
P
P(4)
P(4)
 
P
 
Medical services - Clinics and labs
P(5)
UP
 
P
UP
P(4)
P
P
 
Medical services - Extended
UP
UP
 
UP
 
 
 
UP
 
Medical services - Hospitals
 
UP
 
 
 
 
 
 
 
Mortuary/funeral home
 
 
 
P
 
UP
P
P
 
Offices, business and professional
P
P
P
P
P(4)
P(4)
 
P
 
Offices, temporary
TU
TU
TU
TU
TU
TU
TU
TU
Personal services
P
P
P
P
P
P
P
P
 
Printing and publishing - Computer/electronic
 
 
 
P
UP
UP
P
P
 
Public safety and utility facilities
UP
UP
UP
UP
UP
UP
UP
UP
 
Rental, indoor
 
 
UP
P
UP
P(4)
P
P
 
Rental, outdoor
 
 
 
UP
 
 
UP
UP
Repair/maintenance - Consumer products, 2,500 sq. ft. or less
P
 
P
P
P(4)
P(4)
P
P
 
Repair/maintenance - Consumer products 2,500 sq. ft. or larger
P
 
UP
P
P
P
P
P
 
Repair/maintenance - Vehicle
 
 
 
UP
 
UP
P
P
 
Research and development (R&D)
UP
UP
 
P
P(4)
P(4)
P
P
 
Storage, accessory only
P
P
P
P
P
P
P
P
 
Storage, outdoor
 
 
 
P
 
 
P
P
Storage, personal storage facility
 
 
UP
UP
 
 
P
UP
 
Storage, second floor or above
P
P
P
P
P
P
P
P
 
Veterinary clinics & animal hospitals, indoor
 
 
UP
P
 
 
P
P
 
Veterinary clinics & animal hospitals, outdoor
 
 
UP
UP
 
 
UP
UP
 
Walkup service windows using public sidewalk
P
P
P
P
UP
UP
P
P
 
Warehousing
 
 
 
 
 
 
P
 
 
TRANSPORTATION & COMMUNICATION USES
Alternative fuel/recharging facilities
 
 
UP
P
UP
P
P
P
 
Broadcast studios
 
P (10)
P (10)
P (10)
P (2)
P (2)
P (10)
 
Heliports
 
 
 
 
 
 
UP
 
 
Parking facilities/vehicle storage
 
 
 
UP
UP
UP
UP
UP
 
Pipelines and utility lines
P
P
P
P
P
P
P
P
 
Telecommunications facilities
 
P/UP
P/UP
P/UP
P/UP
P/UP
P/UP
P/UP
Transit stations and terminals
 
UP
UP
UP
UP
UP
P
UP
 
 
KEY TO PERMIT REQUIREMENTS
 
Symbol
Permit Requirement
Procedure is in Section/chapter:
P
Permitted use, zoning clearance required.
UP
Conditional use, use permit required.
 
Use not allowed. (See Section 19.02.020(E) regarding uses not listed.)
 
 
Notes:
(1)   See Chapter 19.04 for definitions of the listed uses.
(2)   With accessory retail use on site.
(3)   Permitted only as accessory use and subject to an administrative use permit in compliance with Chapter 19.25.
(4)   Use allowed only on second floor or above, or in basements. A use permit is required for ground-level occupancy, except for accessible units required by the Building Code, which are allowed by right.
(5)   Businesses within 300 feet of a residential district which operate between the hours of 10 p.m. to 6 a.m. or allow amplified music require use permit approval.
(6)   Drive-in and drive-through sales of pharmaceuticals incidental to the operation of drug stores/pharmacies may be allowed with a use permit in the CN Zoning District. No other drive-in or drive-through sales shall be permitted in the CN Zone.
(7)   Drive-in and drive-through services incidental to the operation of banks and financial services may be allowed with a use permit in the CN Zoning District. No other drive-in or drive- through services shall be permitted in the CN Zone.
(8)   Use only allowed on sites immediately adjacent to State Route 32 that take vehicle access no closer than 100 feet from State Route 32 travel way, and site design must provide for multi- modal access.
(9)   Manufacturing involving non-volatile manufacturing techniques, and premises under 5,000 s.f. permitted; Manufacturing involving volatile manufacturing techniques, and/or premises of 5,000 s.f. or greater requires use permit approval.
(Ord. 2427 §17, Ord. 2440 §26, Ord. 2459 §1, Ord. 2461 §3, Ord. 2494 §23, Ord. 2504 §§2, 3, Ord. 2519 §16, Ord. 2553 §2, Ord. 2580 §11; Ord. 2600; Ord. 2610)

19.44.030 Commercial and office zone general development standards.

   The requirements in Table 4-7 shall apply to new land uses and structures, and alterations to existing land uses and structures, in addition to any applicable development standards (such as landscaping, parking and loading) in Division V.
(Ord. 2185; Ord. 2223, Ord. 2427 §19, Ord. 2519 §17)
TABLE 4-7
COMMERCIAL AND OFFICE ZONE GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning District
OR
OC
Development Feature
Requirement by Zoning District
OR
OC
Minimum Lot Size
   Minimum area
6,000 sq.ft., interior lots
7,000 sq.ft., corner lots
10,000 sq.ft.
   Minimum width at front setback line
N.A.
Residential Density (affordable housing projects, refer to (3))
6-20 units per gross acre. Exclusively residential projects shall comply with the residential setback requirements in Table 4-3C and the landscape standards in Chapter 19.68 based upon the project density and corresponding residential zoning district.
Setbacks Required (1)
   Front
 
15 ft.
None required, except where the side of the parcel abuts an R zoning district, the same front setback shall be required as in the R district.
   Sides
5 ft.; plus 5 ft. for each story over the first where setback abuts an RS or R1 district.
 
 
10 ft. where the side of the parcel abuts an R district; none elsewhere
 
   Street side
10 ft.
   Rear
10 ft. abutting an alley;
15 ft. elsewhere, plus 5 ft. for each story over the first where setback abuts an RS or R1 district.
   Accessory structures
See Section 19.76.020 (Accessory uses and structures).
Landscaping
See Section 19.68.040 (Landscape installation requirements).
Site Coverage, Maximum
70%
85% (2)
Height Limits
35 ft. for main buildings;
25 ft. for accessory structures.
45 ft.;
25 ft., within 25 ft. of an abutting R zoning district boundary.
 
Development Feature
Requirement by Zoning District
CN
CC
Development Feature
Requirement by Zoning District
CN
CC
Minimum Lot Size
   Minimum area
6,000 sq.ft., interior lots
7,000 sq.ft., corner lots
   Minimum width at front setback line
N.A.
Residential Density (affordable housing projects, refer to (3))
6-22 units per gross acre. Exclusively residential projects shall comply with the residential setback requirements in Table 4-3C and the landscape standards in Chapter 19.68 based upon the project density and corresponding residential zoning district.
Landscaping
See Section 19.68.040 (Landscape installation requirements).
Setbacks Required (1)
   Front
None required, except where the block is partly within an R zoning district, the same front setback shall be required as in the R district.
   Sides
20 ft. where the side of the parcel abuts an R district; none elsewhere.
10 ft. where the side of the parcel abuts an R district; lesser setbacks may be approved through the Design Review process when abutting an alley. No setback required elsewhere.
   Street side
10 ft. where the side of the parcel abuts an R district; none elsewhere.
   Rear
20 ft. where the rear of the parcel abuts an R district; none elsewhere.
10 ft. where the rear of the parcel abuts an R district; none elsewhere.
 
   Accessory structures
See Section 19.76.020 (Accessory uses and structures).
Site Coverage, Maximum
90%
95% (2)
Height Limits
35 ft. for main buildings;
15 ft. for accessory structures;
25 ft. for accessory structures, with use permit approval.
57 ft. Lesser height may be required through the Design Review process where the parcel abuts an R district.
 
Development Feature
Requirement by Zoning District
DN
DS
Development Feature
Requirement by Zoning District
DN
DS
Minimum Lot Area
10,000 sq.ft.
Residential Density (affordable housing projects, refer to (3))
6-22 units per gross acre. Exclusively residential projects shall comply with the residential setback requirements in Table 4-3C and the landscape standards in Chapter 19.68 based upon the project density and corresponding residential zoning district.
Landscaping
See Section 19.68.040 (Landscape installation requirements).
Setbacks Required
   Front
None required, except where the block is partly within an R zoning district, the same front setback shall be required as in the R district.
   Sides (each) (1)
Street side
10 ft. where the side of the parcel abuts an R district; none elsewhere.   
   Rear (1)
10 ft. where the rear of the parcel abuts an R district; none elsewhere.
   Accessory structures
See Section 19.76.020 (Accessory uses and structures).
Site Coverage, Maximum
100% (2)
See Section 19.68.040 (Landscape installation requirements).
Height Limits
85 ft.
Minimum height of two stories for new construction
85 ft.
 
Development Feature
Requirement by Zoning District
CS
CR
Development Feature
Requirement by Zoning District
CS
CR
Minimum Lot Area
10,000 sq.ft.
Residential Density (affordable housing projects, refer to (3))
None allowed.
6 to 50 units per gross acre
Exclusively residential projects shall comply with the residential setback requirements in Table 4-3C and the landscape standards in Chapter 19.68 based upon the project density and corresponding residential zoning district.
Landscaping
See Section 19.68.040 (Landscape installation requirements).
Setbacks Required
   Front
None required, except where the block is partly within an R zoning district, the same front setback shall be required as in the R district.
   Sides
10 ft. where the side of the parcel abuts an R district; none elsewhere.
10 ft. where the side of the parcel abuts an R district; none elsewhere.
   Street side
10 ft. where the side of the parcel abuts an R district; none elsewhere.
10 ft. where the side of the parcel abuts an R district; none elsewhere.
   Rear
10 ft. where the rear of the parcel abuts an R district; none elsewhere.
10 ft. where the side of the parcel abuts an R district; none elsewhere.
   Accessory structures
See Section 19.76.020 (Accessory uses and structures).
Site Coverage, Maximum
95%(2)
See Section 19.68.040 (Landscape installation requirements).
95%(2)
See Section 19.68.040 (Landscape installation requirements).
Height Limits
57 ft. Lesser height may be required through the Design Review process where the parcel abuts an R district.
57 ft. Lesser height may be required through the Design Review process where the parcel abuts an R district.
 
Notes:
(1)   A minimum 6-foot landscape buffer shall be included along the rear or side property line abutting the residential use.
(2)   The Architectural Review and Historic Preservation Board may require less coverage and more landscaped open area to provide visual relief or contrast, or to screen incompatible or obtrusive features.
(3)   Multi-family residential uses are permitted to develop up to 30 dwelling units per acre if at least 15% of the units are deed restricted housing affordable to low-incomes at or below 80% of AMI.
(Ord. 2427 §19, Ord. 2435 §23, Ord. 2440 §27, Ord. 2494 §24, Ord. 2519 §17, Ord. 2580 §12; Ord. 2600)

19.44.040 DN district special standards.

   Limitation on Use - Alcoholic Beverage Establishments. No bar or drinking establishment shall be allowed in the DN (Downtown North) zoning district except:
   A.   Continued use of a building or a portion of a building as an alcoholic beverage establishment as defined in Section 19.04.020 of this title, or the resumption of the use of a building or portion of a building as an alcoholic beverage establishment if the building or portion thereof was operated as an alcoholic beverage establishment as of January 1, 1995; and
   B.   Use of a building or portion of a building for fund-raising activities by a non-profit organization, including the use of a building or portion of a building for such purposes where the consumption of beer and/or wine is incidental to the fund-raising activity; and
   C.   The relocation of an existing alcoholic beverage establishment, enlarging the occupied space of an existing alcoholic beverage establishment, and increasing the intensity of use of an existing alcoholic beverage establishment, and/or the structural alteration of the building space containing the alcoholic beverage establishment beyond repairs that are part of normal necessary maintenance, if permitted by use permit.
(Ord. 2185; Ord. 2223, Ord. 2427 §23, Ord. 2446 §1)

19.46.010 Purpose, applicability.

   This chapter provides regulations applicable to development and new land uses in the manufacturing/industrial zoning districts established by Section 19.40.010 (Zoning districts, generally). The purposes of the individual manufacturing/industrial zoning districts and the manner in which they are applied are as follows:
   A.   ML (Light Manufacturing/Industrial) District. The ML zoning district is applied to areas appropriate for light assembly and manufacturing, wholesaling, warehousing and distribution, agricultural and industrial processing within structures, and support commercial services. The ML zoning district is primarily intended to implement the Industrial Office Mixed Use and the Manufacturing and Warehousing land use designations of the General Plan.
   B.   MG (General Manufacturing/Industrial) District. The MG zoning district is applied to areas appropriate for a full range of manufacturing, agricultural, and industrial processing, general services and distribution uses, including uses with outdoor equipment and outdoor storage. The MG zoning district is primarily intended to implement the Manufacturing and Warehousing land use designation of the General Plan.
   C.   IOMU (Industrial Office Mixed Use) District. The IOMU zoning district is applied to areas appropriate for a wide range and combination of light industrial and office development with commercial and other support services integrated vertically and horizontally. Residential uses may be permitted at a density range from 14 to 35 dwelling units per acre. The IOMU zoning district is primarily intended to implement the Industrial Office Mixed Use land use designation of the General Plan.
(Ord. 2185, Ord. 2427 §24, Ord. 2600)

19.46.020 Manufacturing/industrial zone land uses and permit requirements.

   Table 4-8 identifies the uses of land allowed by these Regulations in each industrial/manufacturing zoning district, and the land use entitlement required to establish the use. Where the last column of the table (“Subject to Standards in Section/Chapter”) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use; however, provisions in other sections/chapters may apply as well.
(Ord. 2185; Ord. 2205; Ord. 2223, Ord. 2342, Ord. 2427 §25)
TABLE 4-8 - ALLOWED USES AND PERMIT REQUIREMENTS FOR MANUFACTURING & INDUSTRIAL ZONING DISTRICTS
LAND USE (1)
PERMIT REQUIREMENTS BY ZONE
Subject to Standards in Section/Chapter:
ML
MG
IOMU
LAND USE (1)
PERMIT REQUIREMENTS BY ZONE
Subject to Standards in Section/Chapter:
ML
MG
IOMU
AGRICULTURAL, RESOURCE, & OPEN SPACE USES
Agricultural processing uses
P
P
UP
 
Animal keeping
UP
UP
UP
Greenhouses, commercial
P
P
P
 
Community gardens
P
P
P
MANUFACTURING & PROCESSING USES
Beverage production
P
P
P
 
Cannabis distributor
P
P
P
19.75
Cannabis manufacturer
P(4)
P(4)
P(4)
19.75
Chemical products
UP
P
 
 
Clothing products
P
P
P
 
Concrete, gypsum, and plaster products
 
P
 
 
Electrical and electronic equipment, instruments
P
P
UP
 
Food products
P
P
P
 
Furniture/fixtures manufacturing, cabinet shops
P
P
UP
 
Glass products
P
P
UP
 
Handicraft industries, small-scale manufacturing
P
P
P
 
Lumber and wood products
P
P
UP
 
Machinery manufacturing
P
P
P
 
Manufacturer taproom
P(3)
 
P(3)
Metal fabrication, machine, and welding shops
P
P
P
 
Motor vehicles and transportation equipment
P
P
P
 
Paper products
 
P
 
 
Paving materials
 
P
 
 
Pharmaceuticals
P
P
P
 
Plastics and rubber products
UP
P
UP
 
Printing and publishing
P
P
P
 
Recycling - Composting
 
P
 
Recycling - Large collection facility
P
P
 
Recycling - Reverse vending machines
P
P
P
Recycling - Scrap and dismantling yards
UP
P
UP
Recycling - Small collection facility
P
P
P
Slaughterhouses and rendering plants
 
UP
 
 
Stone and cut stone products
P
P
P
 
Structural clay and pottery products
 
P
 
 
Textile and leather products
P
P
P
 
Wholesaling and distribution
P
P
P
 
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Adult entertainment businesses
P
P
 
Community centers/pavilions
UP
 
UP
 
Health/fitness clubs
UP
 
UP
 
Indoor Amusement/Entertainment Centers (less than 5,000 sq. ft.)
P
P
P
Indoor Amusement/Entertainment Centers (more than 5,000 sq. ft.)
UP
UP
UP
 
Nightclubs
 
 
UP
Recreational vehicle (RV) parks
UP
UP
 
 
Schools - Specialized education and training
P
P
P
 
Temporary events
UP
UP
UP
RESIDENTIAL USES
Caretaker housing
P
P
P
 
Emergency shelters
UP
 
P
 
Live/work
P
 
P
 
Low barrier navigation center
 
 
P
Multi-family housing
 
 
P
Residential Care homes 7 or more clients
UP(2)
 
 
 
Temporary emergency shelters
P
P
P
RETAIL TRADE USES
Accessory retail sales
P
P
P
Building material stores
P
 
 
 
Cannabis retailer - delivery only
P
P
P
19.75
Farm equipment and supplies
P
P
 
 
Fuel dealers
P
P
 
 
Gas stations
UP
UP
UP
Outdoor retails sales and activities
P
 
 
Outdoor retail sales, temporary
TU
 
TU
Restaurant occupying 5,000 sq. ft. or less
P
P
P
 
Sales/rental yards
P
P
 
 
Tasting rooms
p
 
UP
 
SERVICES
Business support services
P
P
P
 
Cannabis testing laboratory
P
P
P
19.75
Catering services
P
P
P
 
Construction or contractor’s yard
P
P
 
 
Day care facilities, child or adult day care center
UP
 
UP
 
Kennels and animal boarding
UP
UP
UP
 
Laundries and dry cleaning plants
P
P
UP
 
Mortuary/funeral home
P
 
P
 
Offices, business and professional
 
 
P
 
Offices, industrial
P
 
P
 
Offices, temporary
TU
TU
TU
Printing and publishing
P
 
P
 
Printing and publishing - Computer/electronic
P
 
P
 
Public safety and utility facilities
P
P
P
 
Repair and maintenance - Vehicle
P
P
UP
 
Research and development (R&D)
P
P
P
 
Storage, accessory
P
P
P
 
Storage, outdoor
P
P
 
Storage, personal storage facility
P
P
P
 
Veterinary clinics/animal hospitals, outdoor uses
UP
UP
 
 
Veterinary clinics/animal hospitals, within structures
P
P
P
 
Warehousing
P
P
 
 
TRANSPORTATION & COMMUNICATION USES
Alternative fuel/recharging facilities
P
P
P
 
Broadcast studios
P
P
UP
 
Heliports
UP
UP
 
 
Parking facilities/vehicle storage
P
P
 
 
Pipelines and utility lines
P
P
UP
 
Telecommunications facilities
P/UP
P/UP
P/UP
Transit stations and terminals
P
P
P
 
Truck stops
P
P
 
 
Vehicle and freight terminals
P
P
 
 
 
KEY TO PERMIT REQUIREMENTS
 
Symbol
Permit Requirement
Procedure is in Section/chapter:
P
Permitted use, zoning clearance required.
UP
Conditional use, use permit required.
TU
Temporary use.
Use not allowed. (See Section 19.02.020(E) regarding uses not listed.)
 
Notes:
(1)   See Chapter 19.04 for definitions of the listed land uses.
(2)   A use permit may be issued for a residential care home with 7 or more clients in the ML district only when the facility also includes on-site vocational training or employment for the clients residing at the facility.
(3)   Businesses within 300 feet of a residential district which operate between the hours of 10 p.m. to 6 a.m. or allow amplified music require use permit approval.
(4)   Manufacturing involving non-volatile manufacturing techniques, and premises under 5,000 s.f. permitted; Manufacturing involving volatile manufacturing techniques, and/or premises of 5,000 s.f. or greater requires use permit approval.
(Ord. 2427 §25, Ord. 2435 §24, Ord. 2440 §29, Ord. 2461 §4, Ord. 2494 §26, Ord. 2504 §5, Ord. 2553 §3, Ord. 2600; Ord. 2610)

19.46.030 Manufacturing/industrial zone land uses and permit requirements.

   The requirements in Table 4-9 shall apply to new land uses and structures, and alterations to existing land uses and structures, in addition to any applicable development standards (such as landscaping, parking and loading) in Division V of this title.
(Ord. 2185, Ord. 2427 §26, Ord. 2494 §27, Ord. 2600)
TABLE 4-9
MANUFACTURING/INDUSTRIAL ZONE GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning District
ML
MG
IOMU
Development Feature
Requirement by Zoning District
ML
MG
IOMU
Minimum Lot Area
As necessary to comply with all applicable requirements of these Regulations.
Setbacks Required
   Front
None required, except where the parcel abuts an R zoning district, the same front setback shall be required as in the R district.
   Sides (each),
   Street side
20 ft. where the side of the parcel abuts an R district; none elsewhere. (1)
   Rear
20 ft. where the rear of the parcel abuts an R district; none elsewhere. (1)
Landscaping
See Section 19.68.040 (Landscape installation requirements.)
Site Coverage, Maximum
95%
75%
Height Limits
57 ft. Lesser height may be required through the Design Review process where the parcel abuts an R district.
57 ft. Lesser height may be required through the Design Review process where the parcel abuts an R district.
Residential Density
None allowed.
None allowed.
14 to 35 units per gross acre when at least 15% of the units are deed restricted housing affordable to low- income households at or below 80% of Area Median Income. No minimum density requirement for Live/Work units or caretaker housing.
 
Notes:
(1)   A minimum 6-foot landscape buffer shall be included along the rear or side property line abutting the residential use.

19.46.040 Manufacturing/industrial zoning district performance standards.

   A.   General Standards. All land uses proposed in any manufacturing/industrial zoning district shall be operated and maintained so as to not be injurious to public health, safety, or welfare, and in compliance with the following standards.
      1.   Glare and Heat. No direct or indirect glare or heat, whether from floodlights or from high-temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line.
      2.   Ground Vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations.
      3.   Indoor or Screened Operations. All activities other than employee amenities, incidental loading and unloading, pedestrian and vehicular circulation, and incidental handling of materials shall be conducted entirely within structures or within outdoor areas entirely screened by structures, fencing or walls and landscaping, from the view of public roads and adjoining properties. Screening shall be provided in compliance with Section 19.60.060 (Fencing and screening).
   B.   IOMU Zoning District Performance Standards. All land uses proposed in the IOMU zoning district shall be operated and maintained in compliance with the following standards, in addition to the requirements of subsection A above.
      1.   Access Limitations. Proposed uses shall comply with the access requirements of Section 19.60.020.
      2.   Air Emissions. No land use shall generate or cause any visible dust, gasses, or smoke to be emitted into the atmosphere, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.
      3.   Landscaping. Proposed uses shall be designed to comply with the landscaping requirements of Chapter 19.68, except that landscaped areas, including landscaping within parking lots, shall be not less than 15 percent of the net site area.
      4.   Noise Control. All noise shall be controlled in compliance with the City Noise Ordinance in Title 9.
      5.   Undergrounding. Proposed uses shall locate any accessory fuel storage tanks underground, in addition to complying with the underground utility requirements of Section 19.60.120.
(Ord. 2185, Ord, 2427 §27, Ord. 2440 §30)

19.48.010 Purpose, applicability.

   This chapter regulates development and new land uses in the airport zoning districts established by Section 19.40.010. The intent of these regulations is to protect the development of the Chico Municipal Airport for the benefit of the public and to promote compatible uses of adjacent or nearby land. The purposes of the individual airport zoning districts and the manner in which they are applied are as follows.
   A.   A (Aviation) District. The A zoning district is applied to areas of the airport site appropriate for aircraft operations and support facilities. The A zoning district is consistent with the Public Facilities and Services land use classification of the General Plan.
   B.   AC (Airport, Commercial) District. The AC zoning district is applied to areas of the airport site appropriate for commercial activities, including passenger services. The AC zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan.
   C.   AM (Airport, Manufacturing/Industrial) District. The AM zoning district is applied to areas appropriate for light industrial, manufacturing, and distribution uses that are related to aviation, require access to air transportation, or are otherwise compatible with the operational characteristics of the airport. The AM zoning district is primarily intended to implement the Manufacturing and Warehousing land use designation of the General Plan.
   D.   AP (Airport, Public Facilities) District. The AP zoning district is applied to areas appropriate for public services uses in support of airport operations. The AP zoning district is consistent with the Public Facilities and Services land use classification of the General Plan.
   See also the -AE (Airport Environs) overlay zoning district, Section 19.52.020.
(Ord. 2185, Ord. 2427 §28)

19.48.020 Airport zone review authority.

   The Airport Commission shall have the authority to review and approve, conditionally approve, modify or deny applications for site design and architectural review, use permit, and variance applications within the A and AP zoning districts in compliance with Division III (Land Use and Development Permit Procedures). Applications for land use entitlements within the AM and AC zoning districts shall be reviewed and acted on by the Planning Commission, Architectural Review and Historic Preservation Board, Zoning Administrator, or Director as established in Chapter 19.12 (Appeals) and Division III (Land Use and Development Permit Procedures). Notwithstanding the above, the Director may refer an application within the AM or AC zoning district to the Airport Commission for either a recommendation or final action if there are aviation-related issues associated with a particular application.
(Ord. 2185)(Ord. 2435 §26, Ord. 2439 §177)

19.48.030 Airport zone land uses and permit requirements.

   Table 4-10 identifies the uses of land allowed by these Regulations in each airport zoning district, and the land use entitlement required to establish the use, in compliance with Section 19.40.020-B (Zoning district regulations).
   Note: Where the last column of the table (Subject to Standards in Section/Chapter:) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use; however, provisions in other sections/chapters may apply as well.
(Ord. 2185)

19.48.040 Interference with aircraft operations prohibited.

   No use shall be permitted in any airport zoning district that would interfere with aircraft takeoffs or landings at the Chico Municipal Airport or otherwise would constitute an airport hazard, whether or not the use would otherwise be permitted by Table 4-10.
(Ord. 2185)

19.48.050 Use permit findings.

   The Airport Commission, Planning Commission, or Zoning Administrator may issue a use permit for uses not included in Table 4-10, or uses which are included in the table, but which are not indicated as being permissible in a particular zoning district, if the following findings are made in addition to the required findings in Section 19.24.040 (Decision and findings):
   A.   That the proposed use would not be incompatible with the other existing or allowable uses in the district;
   B.   That the proposed use would enhance the economic vitality of the airport area and further its continuing development;
   C.   That the proposed use would not create any adverse parking problems adjacent to the site of the proposed use;
   D.   That the proposed use, if located in the A Aviation district, is aviation-related; and
   E.   That the proposed use, if located in the AC Airport commercial district, is related to airport activities or will serve employees working in one or more of the Airport zoning districts, or is otherwise compatible with the operational characteristics of the airport.
   In issuing a use permit, the Airport Commission, Planning Commission, or Zoning Administrator may include conditions that it deems necessary for the purposes of this chapter.
(Ord. 2185; Ord. 2205; Ord. 2223; Ord. 2309, Ord. 2427 §29)(Ord. 2435 §27)
TABLE 4-10 - ALLOWED USES AND PERMIT REQUIREMENTS FOR AIRPORT ZONING DISTRICTS
KEY TO PERMIT REQUIREMENTS
 
Symbol
Permit Requirement
Procedure is in Section/Chapter:
P
Permitted use, zoning clearance required.
UP
Conditional use, use permit required.
TU
Temporary use.
 
Use not allowed.
 
 
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Subject to Standards Section/Chapter:
A(2)
AC(3)
AM(4)
AP
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Subject to Standards Section/Chapter:
A(2)
AC(3)
AM(4)
AP
MANUFACTURING & PROCESSING USES
Aviation parts and equipment
P
UP
P
 
 
Beverage production
 
 
P
 
 
Boats and watercraft
 
 
P
 
 
Cannabis distributor
 
P
P
 
19.75
Cannabis manufacturer
 
 
P(6)
 
19.75
Chemical products
 
 
UP
 
 
Clothing products
 
 
P
 
 
Communications components and systems
UP
 
P
 
 
Computer products and systems
UP
 
P
 
 
Electrical and electronic equipment, instruments
 
P
P
 
 
Food products
 
 
P
 
 
Furniture/fixtures manufacturing, cabinet shops
 
 
P
 
 
Glass products
 
 
UP
 
 
Handicraft industries, small-scale manufacturing
 
 
P
 
 
Laundries and dry cleaning plants
 
 
UP
 
 
Lumber and wood products
 
 
P
 
 
Lumber processing and molding
 
 
P
 
 
Machinery manufacturing
UP
UP(3)
UP
 
 
Metal fabrication, machine, and welding shops
UP
 
P
 
 
Motor vehicles and transportation equipment
 
 
UP
 
 
Paper products (excluding pulping)
 
 
P
 
 
Paving materials
 
 
UP
 
 
Pharmaceuticals
 
 
P
 
 
Plastics and rubber products
UP
 
P
 
 
Printing and publishing
 
 
P
 
 
Recycling - Large collection facility
 
 
UP
 
 
Recycling - Reverse vending machines
 
 
UP
 
 
Recycling - Small collection facility
 
 
UP
 
 
Stone and cut stone products
 
 
P
 
 
Structural clay and pottery products
 
 
P
 
 
Wholesaling and distribution
UP
UP
P
 
 
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Health/fitness clubs
 
UP
UP
 
 
Libraries and museums
UP
UP
P
 
 
Membership organization facilities
UP
UP
 
 
 
Model/radio-controlled aircraft courses
UP
 
 
 
 
Schools - Specialized education and training
UP
P
P
 
 
RESIDENTIAL USES
Caretaker and employee housing
 
P
P
 
 
RETAIL TRADE USES
Accessory retail sales
P
P
P
 
Alcoholic beverage establishments
UP
UP
 
 
Cannabis retailer - delivery only
 
P
P
 
19.75
Gas stations
UP
UP
 
 
Restaurants – less than 2,500 sq. ft.
P
P
P
 
 
Restaurants – more than 2,500 sq. ft.
P
P
 
 
 
Restaurant with full bar
UP
UP
UP
 
SERVICES
Automated teller machines (ATMs)
P
P
UP
UP
 
Banks and financial services
 
P
P
 
 
Business support services
UP
P
P
 
 
Cannabis testing laboratory
 
P
P
 
19.75
Equipment and vehicle rental
UP
UP
UP
UP
 
Hotel or motel
 
UP
 
 
 
Kennel and animal boarding
 
UP
UP
 
 
Offices, business and professional
 
P
UP
 
 
Offices, industrial
 
P
UP
 
 
Offices, temporary
 
TU
TU
TU
Personal services
 
P
 
 
 
Printing and publishing - Computer/electronic
 
P
P
 
 
Public safety and utility facilities
P
P
P
P
 
Repair and maintenance - Consumer products
 
P
P
 
 
Repair and maintenance - Vehicle
 
 
UP
 
 
Research and development (R&D)
UP
P
P
 
 
Storage, accessory
 
 
UP
 
 
Storage, outdoor
 
 
UP
 
Warehousing
 
 
P
 
 
TRANSPORTATION & COMMUNICATIONS
Airports
P
UP
UP
P
 
Heliports
P
UP
UP
P
 
Parking facilities/vehicle storage
P
UP
UP
UP
 
Pipelines and utility lines
UP
P
P
UP
 
Telecommunications facilities
(5)
(5)
(5)
(5)
Transit stations and terminals
P
 
 
 
 
Vehicle and freight terminals
UP(3)
UP
UP
 
 
 
Notes:
(1)   See Chapter 19.04 for definitions of the listed land uses.
(2)   All land uses in the A zone must be aviation-related.
(3)   All land uses permitted by use permit in the AC zone must be either related to airport activities, serve employees working in the airport zones, or otherwise compatible with the operational characteristics of the airport and the economic development goals of the airport.
(4)   Permitted uses in the AM zone must be conducted entirely within a building or sight-obscuring fence that has been reviewed by the review authority.
(5)   See Chapter 19.78 for districts in which telecommunications facilities are permitted.
(6)   Manufacturing involving non-volatile manufacturing techniques, and premises under 5,000 s.f. permitted; Manufacturing involving volatile manufacturing techniques, and/or premises of 5,000 s.f. or greater requires use permit approval.
(Ord. 2427 §29, Ord. 2461 §5, Ord. 2494 §28, Ord. 2553 §4, Ord. 2600, Ord. 2610)

19.48.060 Airport zone general development standards

   The requirements in Table 4-11 shall apply to new land uses and structures, and alterations to existing land uses and structures, in addition to any applicable development standards (such as landscaping, parking and loading) in Division V (Site Planning and General Development Standards).
   A.   Site Planning Standards.
TABLE 4-11
AIRPORT ZONE GENERAL DEVELOPMENT STANDARDS
 
Development Feature
Requirement by Zoning District
A
AC
AM
AP
Minimum Lot Area (1)
As necessary to comply with all applicable requirements of these Regulations.
Setbacks Required (2)
   Front
20 ft., at least 10 ft. of which shall be landscaped. No vehicle parking shall be allowed within any front setback less than 40 ft. in depth, and parking shall be located a minimum of 10 ft. from the street right-of- way.

In the case of a corner parcel, the property owner shall have the option of choosing the yard which shall be the front setback, except that all property adjacent to Airpark Boulevard shall have its front setback on Airpark Boulevard.
   Sides, rear
10 ft.
Site Coverage (3)
70%
Height Limits (4)
40 ft.
 
Notes:
(1)   Minimum area for lots proposed in new subdivisions.
(2)   Minimum setbacks required for all structures. See Section 19.60.090 (Setback regulations and exceptions) for the measurement of and exceptions to these setback requirements. The Airport Commission, Planning Commission, or Zoning Administrator may modify or eliminate setback requirements through the use permit process (Chapter 19.24).
(3)   Maximum percentage of site area that may be covered with structures (see the definition of site coverage in Chapter 19.04). The remaining portions of the site that may not be covered with structures shall be permanently maintained as landscaped open space. The Airport Architectural Committee or Architectural Review and Historic Preservation Board may require less coverage and more landscaped open area to provide visual relief or contrast, or to screen incompatible or obtrusive features.
(4)   Maximum height of structures. See Sections 19.52.020 (Airport overflight overlay zones) and 19.60.070 (Height measurement and height limit exceptions). The Airport Commission, Planning Commission, or Zoning Administrator may approve higher structures, up to a maximum of 387 feet above mean sea level, through the use permit process (Chapter 19.24).
(Ord. 2427 §30)(Ord. 2435 §28, Ord. 2494 §29)
   B.   Fences and Walls. A fence or wall of 8 feet or less in height may be located within a required side or rear setback except where the Director determines that the fence would be a hazard because of inadequate sight distance (see Section 19.60.060, Fencing and screening).
   C.   Electronic and Radio Interference. No use shall emit electrical, electronic, or radio emissions that may interfere with, obstruct, or adversely affect the operation of air navigation aids and radio communications or which in any manner violate regulations of the Federal Aviation Administration.
   D.   Design Standards. Proposed projects shall comply with all applicable provisions of the Chico Municipal Airport and Industrial Park Development Plan and the City of Chico Design Guidelines Manual.
(Ord. 2185)

19.48.070 Site design and architectural review for airport projects.

   A.   Design Review Required. No building permit shall be issued for any structure, addition or exterior remodel in any airport zoning district until the project has first obtained site design and architectural review approval in compliance with Chapter 19.18 (Site Design and Architectural Review), and this section.
   B.   Review Authority.
      1.   Airport Commission or Architectural Committee. Site design and architectural review for projects within the A and AP zoning districts shall be conducted by the Airport Commission or, if appointed, the Airport Architectural Committee. Site design and architectural review for projects within the AM and AC zoning districts shall be conducted by the Architectural Review and Historic Preservation Board or Director as established in Chapter 19.18 (Site Design and Architectural Review).
   C.   Procedure for Review and Decision. In determining whether to approve or conditionally approve the architectural design of a structure, the Airport Architectural Committee shall meet and consult with the Architectural Review Board at a joint meeting. If the Airport Architectural Committee does not approve the architectural design of the structure, the architectural design of the structure shall be considered by the Airport Commission as a whole, which shall either approve, conditionally approve, modify, or disapprove the architectural design.
   D.   Standards and Criteria. The action of the Airport Commission or the Airport Architectural Committee, if appointed, shall comply with the requirements of the Chico Municipal Airport and Industrial Park Development Plan and the City of Chico Design Guidelines Manual, and shall take into consideration the following additional factors:
      1.   The compatibility of the structure and grounds with adjacent properties or with future development of adjacent properties;
      2.   The extent which natural features including trees, shrubs, rocks, and the natural grade of the site are retained;
      3.   The accessibility and relationship of off-street parking and loading areas with respect to adjacent street and on-site uses;
      4.   The development of landscaping areas and fencing for the purposes of separating or screening service and storage areas from the street and adjoining building sites;
      5.   The development of landscaping or mounding to break up large expanses of paved areas, and to separate and screen parking lots from adjoining building sites;
      6.   The location of on-site lighting to provide for the on-site safety needs without interfering with adjacent uses or aviation uses in the area, or posing any traffic hazard on adjacent streets; and
      7.   Any other factors relating to the project under consideration that the review authority deems necessary.
(Ord. 2185, Ord. 2427 §31)(Ord. 2435 §29, Ord. 2439 §178)

19.48.080 Effect of prior agreements, leases, and licenses.

   In any case in which property is owned by the City of Chico or the Chico Redevelopment Agency, the requirements of a use permit or variance may be met through the lease, license, sale, or other appropriate agreement. If such lease, license, sale, or other agreement provides for a particular use of such property, any use permit or variance required for that particular use shall be deemed to be granted.
(Ord. 2185)

19.48.090 Nonconforming uses under prior agreements.

   A use existing on the effective date of this chapter under an agreement between the City and the property owner or predecessors in interest, which does not comply with the provisions of this chapter, shall not continue beyond the terms of the agreement, or any termination of the use by any provisions of the agreement, including any provision that provides for termination of the use upon the adoption of this chapter or any amendment to this chapter.
(Ord. 2185)

19.50.010 Purpose, applicability.

   This chapter regulates development and new land uses in the special purpose zoning districts established by Section 19.40.010. The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows.
   A.   SPA (Special Planning Area). The SPA district is applied to areas appropriate for significant new growth subject to comprehensive planning and which are indicated on the General Plan Land Use diagram as Special Planning Areas. Horizontal or vertical mixed-use is required in all areas designated SPA (except for the Bell-Muir SPA). Development within each SPA is intended to be consistent with the General Plan conceptual land use plan and General Plan policies applicable to each SPA.
   B.   PQ (Public/Quasi Public Facilities) District. The PQ zoning district is applied to areas appropriate for the wide range of public, institutional, and auxiliary uses that are established in response to the health, safety, cultural, and welfare needs of the City. The PQ zoning district is primarily intended to implement the Public Facilities and Services land use designation of the General Plan.
   C.   OS1 (Primary Open Space) District. The OS1 zoning district is applied to areas appropriate for permanent protection as open space because of environmental resources or potential hazards. These areas may include the Resource Constraint Overlay Areas of the General Plan and other sensitive habitats, oak and riparian woodlands, wetlands, creekways, riparian corridors, groundwater recharge areas, power transmission corridors, deer herd ranges, hillsides and viewshed management areas, and areas subject to flooding, that are either, publicly owned or have been committed to preservation by property owners in conjunction with development approval. The OS1 zoning district is primarily intended to implement the Primary Open Space land use designation of the General Plan.
   D.   OS2 (Secondary Open Space) District. The OS2 zoning district is applied to areas appropriate for both intensive and non-intensive recreational activities, such as parks, lakes, golf courses, trails, resource management, detention basins, agriculture, grasslands and other similar uses. The OS2 zoning district is primarily intended to implement the Secondary Open Space land use designation of the General Plan.
(Ord. 2185, Ord. 2427 §32)

19.50.020 Special purpose zone land uses and permit requirements.

   Table 4-12 identifies the uses of land allowed by these Regulations in each PQ and OS 1 and OS2 zoning district, and the land use entitlement required to establish the use, in compliance with Section 19.40.020-B (Zoning district regulations).
   Where the last column of the table (“Subject to Standards in Section/Chapter”) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use; however, provisions in other sections/chapters may apply as well.
(Ord. 2185; Ord. 2205; Ord. 2223, Ord. 2427 §33, Ord. 2519 §18)
TABLE 4-12 - ALLOWED USES AND PERMIT REQUIREMENTS FOR SPECIAL PURPOSE ZONING DISTRICTS
LAND USE
PERMIT REQUIREMENT BY
ZONING DISTRICT
Subject to Standards in Section/Chapter:
PQ
OS1
OS2
LAND USE
PERMIT REQUIREMENT BY
ZONING DISTRICT
Subject to Standards in Section/Chapter:
PQ
OS1
OS2
AGRICULTURAL, RESOURCE & OPEN SPACE USES
Animal keeping
UP
UP
UP
Creekside greenways
 
P
P
 
Crop production, commercial
 
 
P
 
Equestrian facilities
 
UP
UP
 
Nature preserves
 
P
P
 
MANUFACTURING & PROCESSING USES
Recycling - Large collection facility
UP
 
 
 
Recycling - Small collection facility
UP
 
UP
 
Sewage treatment plants
UP
 
 
 
Waste disposal sites
UP
 
UP
 
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Campgrounds
UP
 
UP
 
Churches/places of worship
UP
 
 
 
Community centers/pavilions
UP
 
 
 
Day care facilities, child day care center
UP
 
UP
 
Golf courses, country clubs
 
 
UP
 
Government facilities
P
 
 
 
Interpretative centers
P
UP
UP
 
Libraries and museums
UP
 
UP
 
Parks and playgrounds
P
UP
UP
 
Parks, greenbelts, and landscape areas
P
P
P
 
Schools - Public and private
UP
 
 
 
Schools - Specialized education and training
UP
 
UP
 
Sports facilities and outdoor public assembly
UP
 
UP
 
Temporary events
TU
 
TU
Theaters - Live entertainment
UP
 
 
 
RESIDENTIAL USES
Caretaker housing
UP
UP
UP
 
Emergency shelters
P
 
 
 
RETAIL TRADE
Accessory retail uses
P
 
P
Restaurants
UP
 
UP
 
SERVICES
Cemeteries, columbariums, mausoleums
UP
 
UP
 
Medical services - Clinics and labs
UP
 
 
 
Medical services - Extended care
UP
 
 
 
Medical services - Hospitals
UP
 
 
 
Public safety and utility services
UP
UP
UP
 
Storage, accessory
P
 
 
 
Storage, outdoor
UP
 
 
TRANSPORTATION & COMMUNICATIONS
Broadcast studios
UP
 
 
 
Heliports
UP
 
 
 
Pipelines and utility lines
UP
 
UP
 
Telecommunications facilities
(2)
(2)
(2)
Transit stations and terminals
UP
 
UP
 
 
KEY TO PERMIT REQUIREMENTS
 
Symbol
Permit Requirement
Procedure is in Section/Chapter:
P
Permitted use, zoning clearance required.
UP
Conditional use, use permit required.
TU
Temporary use.
Use not allowed.
(See Section 19.02.020-E regarding uses not listed.)
 
Notes:
(1)   See Chapter 19.04 for definitions of the listed land uses.
(2)   See Chapter 19.78 for districts in which telecommunications facilities are permitted.

19.50.030 Special purpose zone general development standards.

   New land uses and structures and alterations to existing uses or structures shall be designed and constructed in compliance with the requirements in Table 4-13.
(Ord. 2185, Ord. 2519 §19)
TABLE 4-13
SPECIAL PURPOSE ZONE GENERAL DEVELOPMENT STANDARDS
 
Development Feature
Requirement by Zoning District
PQ
OS1
OS2
Minimum Lot Area
 
 
 
 
Determined by specific plan or planned development permit in SPA and by entitlement in PQ
1 acre; smaller if approved by Commission based on the finding that a smaller site is suitable because of its unique character or purpose.
Setbacks Required
   Front

   Sides (each),
   Street side

   Rear
 
 
 
20 ft.
 
 
 
20 ft.
Impervious Surface Site Coverage
5%; more if approved by Commission.
25%; more if approved by Commission.
Height Limits
25 ft.; more if approved by Commission.
 
(Ord. 2427 §34, Ord. 2519 §19)

19.50.040 Development within the SPA zoning district.

   New land uses and development on vacant land within the SPA district shall be in accordance with a specific plan and other comprehensive master plan as follows. No land use entitlements or construction permits shall be issued for development on any vacant land within the SPA zoning district or until a specific plan or other comprehensive master plan has been adopted for the area within that SPA as it is designated by the General Plan. The application for a specific plan, or other comprehensive master plan within a SPA shall include:
   A.   An application to rezone the area within the SPA to reflect zoning districts that substantially comply with the conceptual land use plan for the SPA, as described in the General Plan;
   B.   A public facility financing plan;
   C.   Infrastructure phasing plan;
   D.   Information documenting that the proposed specific plan or other comprehensive master plan addresses and complies with all of the General Plan policies applicable to the SPA for which the plan is proposed;
   E.   Such other studies and information as may be determined necessary by the Director to conduct site, infrastructure and environmental review of the proposed plan; and
   F.   Such other information as may be required by Chapter 19.36.
(Ord. 2185, Ord. 2427 §35)

19.52.010 Purpose, applicability.

   A.   Purpose. The overlay zoning districts established by this chapter regulate development and new land uses, in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or area characteristics require particular attention for project planning.
   B.   Applicability. The applicability of any overlay zoning district to specific sites is shown by the overlay zoning map symbol established by Section 19.40.010 being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, R1 -PD). The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of these Regulations. In the event of any perceived conflict between the provisions of this chapter and any other provision of these Regulations, this chapter shall control.
(Ord. 2185, Ord. 2427 §36, Ord. 2440 §33)

19.52.020 Airport environs (-AE) overlay zone.

   A.   Purpose. The Airport Environs (-AE) overlay zone regulates land uses in the vicinity of the Chico Municipal Airport and Ranchero Airport and below areas where aircraft perform approach and departure maneuvers, recognizing that certain development and land use characteristics may conflict with the safe and efficient operation of the airport and aircraft. The intent of the -AE overlay zone is to protect people and property, both in the air and on the ground, by regulating structures that may affect navigable airspace, consistent with Federal regulations, and to minimize noise and other conflicts between airport operations and surrounding land uses.
   B.   Applicability. The -AE overlay zone is applied to:
      1.   Areas within the -AO (Aircraft Operations) overlay zones established by Section 19.52.030 following, above and around the airport; and
      2.   Areas subject to high noise levels from aircraft operations.
   C.   Allowed Land Uses. Any land use normally allowed in the primary zoning district by this division may be allowed within the -AE overlay zone, provided that the land use is also in compliance with any applicable -AO (Aircraft Operations) zoning standards, except for those uses listed as prohibited in certain -AO overlay zoning districts as set forth in Table 4-14.
   D.   Permit Requirements. Development and new land uses within the -AE overlay zone shall obtain the land use entitlements as required by this division in the primary zoning district.
   E.   Development Standards. Development and new land uses within the -AE overlay zone shall comply with all applicable requirements of the primary zoning district and the following requirements:
      1.   Height Limits. The height limits of any applicable -AO overlay zone (Section 19.52.030) apply if they are more restrictive than otherwise required by this division for the primary zoning district, or by Division V (Site Planning and General Development Standards).
      2.   Noise Mitigation. Proposed structures shall be designed and constructed to provide noise insulation to reduce interior noise levels to the community noise equivalent level (CNEL) recommended by the Noise Element of the General Plan.
      3.   Avigation Easements, Noise Agreements. Prior to the issuance of any building permit in compliance with Title 16 (Buildings and Construction) of the Municipal Code, approval of a tentative map in compliance with Title 18 (Subdivisions) of the Municipal Code, or a land use entitlement in compliance with Division II (Administration of Land Use and Development Regulations) of these Regulations, the property owner shall enter into an agreement with the City granting any necessary avigation easements for aircraft overflight and/or acknowledging and permitting the ongoing exposure of the site to aircraft noise. The City shall record the easements/agreements with the Butte County Recorder.
      4.   Notice of Aircraft Overflight. Land use entitlements for properties within the -AE overlay zone shall require the recordation of a Notice of Aircraft Overflight against the property with the Butte County Recorder. The notice shall advise future property owners of the Butte County Airport Land Use Compatibility Plan (ALUCP), City of Chico Airport Environs Plan, current and anticipated aircraft flight paths, the likely ongoing exposure of the site to aircraft noise, and possible restrictions that may result from actions of the Butte County Airport Land Use Commission or City.
(Ord. 2185, Ord. 2427 §37)

19.52.030 Airport overflight (-AO) overlay zones.

   A.   Purpose. This section establishes five -AO overlay zones, which provide height limits for structures, use limitations, intensity limitations, and other development standards on and adjacent to the site of the Chico Municipal and Ranchero Airports, based upon specific zones or surfaces defined in the air space above each airport and its surroundings, in compliance with the Butte County ALUCP, State law, and the federal aviation regulations.
   B.   Findings. The Council hereby finds that a structure or other ground feature which obstructs air space near the Chico Municipal Airport or Ranchero Airport has the potential for endangering the lives and property of users of each airport, and property or occupants on land in each airport’s vicinity, and that an obstruction may reduce the size of areas available for aircraft takeoff, landing, and maneuvers, thereby tending to impair the usability of each airport and the economic investment in each facility.
   C.   Applicability. The -AO overlay zones may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 19.40.010. Unless otherwise noted, the -AO overlay zones are intended to implement the land use restrictions and development standards contained in the Butte County ALUCP. The -AO overlay zones are established, and shall be applied and shown on the Airport Zoning Map within 50,000 feet of the landing area of the airport, as follows.
      1.   -AOA, Runway Protection Zone. Includes airport runways and immediately adjacent areas wherein uses are restricted to aeronautical functions in accordance with Federal Aviation Administration standards. Encompasses the area of highest risk and noise levels. Implements Compatibility Zone A of the ALUCP.
      2.   -AOB1, Approach/Departure Zone and Sideline Zone. Generally surrounds zone - AOA, including areas both immediately beyond the runway protection zones and lateral to the runways. Noise levels and risks are both high. Implements Compatibility Zone B1 of the ALUCP.
      3.   -AOB2, Extended Approach/Departure Zone. The extended approach/departure zone for each airport also may include some land lateral to the runways. The area encompasses areas with moderate degrees of both noise and risk. Implements Compatibility Zone B2 of the ALUCP.
      4.   -AOC. Traffic Pattern. The area commonly overflown by aircraft at an altitude of 1,000 feet or less above ground level, including locations beneath the traffic pattern and pattern entry points. Annoyance associated with aircraft overflights is the major concern. Implements Compatibility Zone C of the ALUCP.
      5.   -AO, Other Airport Environs. Other areas within the airport vicinity which are overflown less frequently or at a higher altitude by aircraft arriving and departing the airport. The outer edge of this zone mostly coincides with the outer boundary of the FAR Part 77 conical zone. Implements Compatibility Zone D of the ALUCP.
   D.   Allowed Land Uses. Any land use normally allowed in the primary zoning district by this division may be allowed within the -AO overlay zone, except as set forth in Table 4-14 below.
TABLE 4-14
ALLOWED AND PROHIBITED LAND USES IN -AO OVERLAY ZONES
 
Zone
Permitted Residential density
Other uses - maximum people/acre
Prohibited uses
-AOA
0 - residential use not allowed
0
All structures except aeronautical facilities
Assemblages of people
Objects exceeding FAR Part 77 height limits
Aboveground bulk storage of hazardous materials
Hazards to flight
Other uses identified by the Airport Land Use Compatibility Plan
-AOB1
0.1 average site width (units/acre)
4.0 max single-acre (units/acre)
 
40 avg.
80 max. on a single acre
Children’s schools, day care centers, libraries
Hospitals, nursing homes
Highly noise sensitive uses (e.g. outdoor theaters)
Aboveground bulk storage of hazardous materials
Hazards to flight
Other uses identified by the Airport Land Use Compatibility Plan
-AOB2
0.2 average site wide max (units/acre)
4.0 single- acre max (units/acre)
 
100 avg.
300 max. on a single acre
Children’s schools, day care centers, libraries
Hospitals, nursing homes
Highly noise sensitive uses (e.g. outdoor theaters)
Hazards to flight
Other uses identified by the Airport Land Use Compatibility Plan
-AOC
Less than or equal to 0.2 units/acre or greater than or equal to 4.0 units/acre
200 avg.
600 max. on a single acre
Children’s schools, day care centers, libraries
Hospitals, nursing homes
Hazards to flight
Other uses identified by the Airport Land Use Compatibility Plan
-AOD
Limit set by primary zoning district
No limit
Hazards to flight
Other uses identified by the Airport Land Use Compatibility Plan
 
   Notwithstanding the above, designated infill properties in the -AOB2 overlay zone may develop at densities no greater than surrounding residential development, as set forth in the ALUCP and the accompanying map and list of parcels.
   In addition, no use shall be allowed under or within any -AO overlay zone that may:
      1.   Create electrical interference with aircraft communications;
      2.   Make it difficult for pilots to distinguish between airport lights and other lights;
      3.   Result in glare in the eyes of the pilots using the airport;
      4.   Impair visibility in the vicinity of the airport; or
      5.   Otherwise endanger the landing, takeoff, or maneuvering of aircraft.
   E.   Permit Requirements. Development and new land uses within the -AO overlay zones shall obtain the land use entitlements as required by this division in the primary zoning district. New development or land uses that are inconsistent with the standards contained in this chapter shall nonetheless be deemed consistent if the proposal is found by the Butte County Airport Land Use Commission to be consistent with the ALUCP.
   F.   Development Standards. Development and new land uses within the -AO overlay zones shall comply with all applicable requirements of the primary zoning district, and the following requirements.
TABLE 4-15
DEVELOPMENT STANDARDS IN -AO OVERLAY ZONES
 
Zone
Required Open Land
Development Standards and Conditions
-AOA
All remaining
Avigation easement dedication required
-AOB1
30% cumulative in zone
Locate structures maximum distance from extended runway centerline
Minimum Noise Level Reduction of 25 dB in residences and buildings with noise-sensitive uses
Airspace review required for objects over 35 feet tall
Avigation easement dedication required
-AOB2
20% cumulative in zone
Minimum Noise Level Reduction of 20 dB in residences and buildings with noise-sensitive uses
Airspace review required for objects over 70 feet tall
Recorded notice of airport operations required
-AOC
10% cumulative in zone
Airspace review required for objects over100 feet tall
Recorded notice of airport operations required
-AOD
No requirement
Airspace review required for objects over100 feet tall
 
      1.   Height Limits. No structure or tree shall be erected, altered, allowed to grow, encroach, protrude, extend into, or be maintained in any -AO overlay zone in excess of the height limits established in Table 4-15 above. The measurement of tree and structure height shall be based upon the United States Geodetic Survey (U.S.G.S.) mean sea level datum.
      2.   Nonconformities. Before any nonconforming use, structure, or tree may be replaced, substantially altered, or repaired, rebuilt, allowed to become higher, or replanted, a use permit shall be obtained in compliance with Chapter 19.24 (Use Permits). No use permit shall be granted that would allow the creation of an airport hazard or permit a nonconforming use, structure, or tree to be higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or when the use permit application was filed. No use permit shall be required for repairs or the replacement of parts of existing structures which do not enlarge or increase the height of the existing structure.
      3.   Hazard Marking and Lighting. Where determined to be necessary by the Airport Commission and where required by FAA regulations, any use permit or variance granted within an -AO overlay zone may be conditioned to require the owner of the use, structure, or tree:
         a.   At their expense, to install on the structure or tree and operate and maintain markers and lights as necessary to alert pilots to the presence of an airport hazard; or
         b.   To allow the City, at its expense, to install, operate, and maintain markers and lights as necessary to alert pilots to the presence of an airport hazard.
(Ord. 2185, Ord. 2427 §38, Ord. 2494 §30, Ord. 2519 §20)

19.52.040 Landmark (-L) overlay zone.

   A.   Purpose. The -L overlay zone is intended to identify landmarks and historic sites in compliance with the General Plan, so that development and new land uses are designed and operated in a manner compatible with the preservation of these resources.
   B.   Applicability. The -L overlay zone may be combined with any primary zoning district established by Section 19.40.010.
   C.   Allowed Land Uses and Regulations. Any land use normally allowed in the primary zoning district by this division may be allowed within the -L overlay zone, provided that the use complies with Chapter 19.37 of this code.
   D.   Permit Requirements - Certificate of Appropriateness and Certificate of Demolition. A certificate of appropriateness and certificate of demolition shall be required pursuant to Chapter 19.37.
   E.   Development Standards. Proposed development and new land uses within the -L overlay zone shall comply with the development standards of the primary zoning district, all other applicable provisions of these Regulations, and any conditions of approval providing measures to preserve and protect existing resources. Any deviations from the development standards necessary to ensure retention of the historical attributes of a structure or building may be made pursuant to section 19.37.140 of this code.
(Ord. 2185; Ord. 2410 §17, Ord. 2427 §39)

19.52.050 Planned development (-PD) overlay zone.

   A.   Purpose. The purpose of the -PD overlay zone shall be as set forth in Section 19.28.010 of this Code.
   B.   Applicability. The -PD overlay zone may be combined with any residential, commercial, or manufacturing/industrial zoning district established by Section 19.40.010.
   C.   Allowed Land Uses. Any land use normally allowed in the primary zoning district may be allowed within the -PD overlay zone, except when the ordinance rezoning a site to the -PD overlay zone includes specific limitations on allowable land uses, or a planned development permit issued in compliance with Chapter 19.28 and Subsection D below includes specific limitations on allowable land uses.
   D.   Permit Requirements. The first development of a vacant site in the PD overlay zone or any new construction on a developed site in the PD overlay zone shall require planned development permit approval for any allowed use. Thereafter, changes in the use of existing structures shall require land use entitlement approval in compliance with the primary zoning district, except where an approved planned development permit establishes different permit requirements for changes in land use.
   E.   Development Standards. Standards for development of properties in the -PD overlay zone shall be as set forth in Section 19.28.040 of this Code.
(Ord. 2185; 2382 §8. Ord. 2427 §40)

19.52.060 Resource Constraint (-RC) overlay zone.

   A.   Purpose. The -RC overlay zone is intended to identify areas with significant environmental resources that result in development constraints. The -RC overlay zone requires subsequent studies and coordination with resource agencies to determine the exact location of sensitive environmental features or species, and the scope of development that can take place in light of these environmental constraints. The -RC overlay zone is also intended to maintain a sustainable environment consistent with existing biotic resources, soils, geology, topography, and drainage patterns, and avoid development that would result in adverse or unmitigated environmental impacts.
   B.   Applicability. The -RC overlay zone may be combined with any primary zoning district and applies to areas designated by the General Plan as Resource Constraint Overlay (RCO).
   C.   Allowed Land Uses. Any land use normally allowed in the primary zoning district may be allowed within the -RC overlay zone.
   D.   Permit Requirements. Planned development permit approval shall be required in compliance with Chapter 19.28 for all new or expanded uses if no other discretionary approval is required.
   E.   Development Standards. Proposed development and new land uses within the -RC overlay zone shall comply with the development standards of the primary zoning district, all other applicable provisions of these regulations, any conditions of approval providing measures to preserve and protect existing resources, and the following.
      1.   Subdivisions. Subdivision of land shall not be permitted except in compliance with required environmental mitigation measures for resource preservation and protection. Proposed lots or parcels shall be clustered where necessary to preserve and protect identified resources.
      2.   Minimum Lot Area, Maximum Number of Housing Units. The commission may approve a subdivision including parcels smaller than those required by the primary zoning district through the planned development permit process.
      3.   Limitations on Grading. No grading permit shall be issued and no grading shall occur on a site within the -RC overlay zone until a land use entitlement or subdivision approval for a project has been granted.
      4.   Modification of Standards. The commission may waive or modify the development standards of the primary zoning district through the planned development permit process in compliance with Chapter 19.28 where necessary for resource preservation and protection.
(Ord. 2185, Ord. 2427 §41)

19.52.070 Special Design considerations (-SD) overlay zone.

   A.   Purpose. The -SD overlay zone is intended for areas of the City where the General Plan has highlighted existing neighborhood characteristics, environmental features, or other concerns that require special attention in project design.
   B.   Applicability. The -SD overlay zone may be applied to specific, defined areas where special-purpose limitations on land use, permit requirements, or development standards are needed. The -SD overlay zone includes the specific subcategories identified in Subsection D, following.
   C.   Allowed Land Uses. Any land use normally allowed in the primary zoning district by this article may be allowed within the -SD overlay zone, except where otherwise limited by this section.
   D.   Specific Area Permit Requirements and Development Standards. Development and new land uses within the -SD overlay zone shall obtain the land use entitlements as required by the primary zoning district, except as otherwise provided in this subsection, and shall comply with all applicable development standards of the primary zoning district, and the following requirements.
      1.   SD-1 (South Chico - South of Entler Avenue).
         a.   Permit Requirement. Planned development permit approval (Chapter 19.28) is required for all uses.
         b.   Clustering Required. Manufacturing/industrial development in the area west and east of State Highway Route 99 south of Entler Avenue shall be clustered to preserve existing riparian habitats and to reduce impacts to Butte Creek.
         c.   Tree Preservation Required. The existing cottonwood and native oak stands located west of State Highway Route 99 and along the south edge of this area shall be preserved to the extent feasible.
      2.   SD-2 (Humboldt Road-Foothill).
         a.   Permit Requirement. Planned development permit approval (Chapter 19.28) is required for all uses.
         b.   Development Standards. Proposed projects shall:
            (1)   Minimize the visual impact of foothill development through the following measures:
               (a)   Transfer and cluster development to lower elevations of the site and cluster development at higher elevations to the least visible areas;
               (b)   Reduce the scale and mass of structures through split level and low profile design. Limit building heights in foothill areas to 25 feet, unless visual simulations or other graphic representations can verify that greater building height will not negatively impact the viewshed;
               (c)   Use low-level pedestrian-scale street lighting;
               (d)   Avoid the use of high illumination yard lighting or shield sources to prevent off-site glare;
               (e)   Blend development into the natural setting through attention to topography and orientation, color, materials;
               (f)   Incorporate street standards that minimize cut and fill and result in the lowest visual impact;
            (2)   Provide a minimum 50-foot setback from State Highway Route 32 and prepare and implement a landscape enhancement plan for the setback area and the adjacent Caltrans right-of-way. The plan shall use vegetation native to the area and an irrigation system designed to temporarily provide water through the plant establishment period;
            (3)   Preserve and improve multi-use access and trails along Humboldt Road and provide connection to other paths and trails within projects north and south of Humboldt Road;
            (4)   Preserve the existing historic rock wall;
            (5)   Reduce wildland fire potential through the following:
               (a)   Construct buildings and roofs from fire-resistant materials;
               (b)   Landscape with native fire-resistant plant materials;
               (c)   Provide multi-use access and trails, streets, and open space areas as opportunities for emergency access and fire breaks;
               (d)   Ensure that street grades and other facilities designed for emergency access do not exceed City maximums;
               (e)   Locate buildings for maximum clearance from areas of dense native vegetation; and
            (6)   Incorporate best management practices for storm water run-off and first flush treatment of storm water. Proposed projects in areas tributary to Little Chico and Comanche Creeks shall be designed to provide no net increase in peak storm water run-off.
      3.   SD-3 (Foothill Park East, South of Eaton Road)
         a.   Permit Requirement. Architectural Review and Historic Preservation Board approval (Chapter 19.18) is required for multi-family residential development.
         b.   Development Standards.
            (1)   Density shall not be less than 10 units per gross acre.
            (2)   Design shall be consistent with the Master Design Manual for Foothill Park East.
            (3)   The project shall incorporate low profile lighting for reduced glare on adjacent properties.
            (4)   For the parcel east of Marigold Avenue and identified as APN 016-200- 102, the Architectural Review and Historic Preservation Board shall require a pedestrian/equestrian path within or adjacent to the public utility easement along the southern property boundary with access to the south. Alternatively, the ARHPB shall waive this requirement if a path is already provided at that proximate location, or if the improvement is determined to be infeasible.
      4.   SD-4 (West Avenue Neighborhood Area). Any declaration of restrictions regarding owner occupancy recorded prior to January 1, 2020 in conjunction with the development of an accessory dwelling unit shall remain valid and binding.
      5.   SD-5 (Westside Place & Vrisimo; Three Parcels on the North side of State Highway Route 32/Nord Avenue between W. 8th Avenue and W. Lindo Avenue)
         a.   Permit Requirement. Planned development permit (PDP) approval (Chapter 19.28) is required for all developments.
         b.   Development Standards. To ensure appropriate safety, environmental, and aesthetic requirements of the local community given the site’s location between a public highway and the railroad tracks, future developments shall include the following design concepts:
            (1)   Overall minimum residential density on each of the three parcels shall be 9 units per gross acre.
            (2)   A mix of housing types and appropriately designed commercial and/or live-work buildings along the railroad tracks to provide an adequate noise buffer for adjacent residential uses.
            (3)   Multi-family units shall be limited to buildings of modest scale with architectural details similar to neighboring detached houses.
            (4)   Street and pedestrian connections shall be provided between adjacent developments.
            (5)   A side drive with a landscaped parkway strip shall be incorporated between the development and Nord Avenue/State Highway Route 32.
            (6)   Off-street parking shall primarily be provided off an alley or common driveway. Parking off a front yard shall be designed so that the building creates the dominant visual appearance along the street.
      6.   SD-6 (Chapman/Mulberry Neighborhood)
         a.   Development shall be consistent with the Chapman/Mulberry Neighborhood Plan adopted by the city council.
         b.   The following land uses are not permitted within the CN zone: retail liquor stores, gas stations, automobile sales and vehicle repair and maintenance.
         c.   The following design standards shall apply to the development of single- family residences:
            (1)   Front yard setbacks shall be consistent with the average of the existing front yard setback of adjoining parcels, but in no case less than fifteen (15) feet or greater than thirty (30) feet.
            (2)   Front entries for all single-family residences shall be oriented toward the street. This requirement shall not apply to accessory dwelling units located on the rear of a parcel which have primary access from an alley.
            (3)   Garages shall be set back at least ten (10) feet from the front edge of the dwelling. Garages located in rear yards are encouraged. Detached, single- story garages shall be set back at least five (5) feet from the rear property line.
            (4)   All single-family dwellings shall include a front porch with minimum dimensions of four feet by eight feet.
            (5)   Front yard fences are permitted only when they are of an open, not solid, design. Front yard landscaping shall not obscure views of the street or adjoining neighbors.
            (6)   One new tree, 15 gallons or greater in size, shall be planted in the front yard of each new single-family residence, as a condition of the building permit for such residence. The species of tree planted shall be selected from the list “Recommended Street Trees for Chico” maintained by the City.
         d.   The following design standards shall apply to the development of multi-family dwellings:
            (1)   Parking lots shall primarily be located in the rear or side area of the parcel or in the interior of a building cluster and shall be screened from view from the street by vegetation or fencing that is no more than four feet in height. No parking lots shall be located within the required front or side set back area.
            (2)   All multi-family buildings located within 40 feet of a front lot line shall be oriented to the street frontage. The main entrance of ground floor units located within 40 feet of a street must face the front lot line. Main entrances may be to either individual units, clusters of units or common lobbies or courtyards. Main entrances for multi-family residences on corner lots may be oriented toward either street frontage, or toward the corner.
            (3)   Pedestrian walkways shall be provided from street sidewalks to the front entrance of each multi-family dwelling unit.
         e.   It shall be a condition of the development of any new commercial or industrial use located on property which abuts residentially zoned property, that an 8 foot masonry wall be constructed between the new commercial or industrial use and the residentially zoned property. Such wall shall be constructed on the property on which the new commercial or industrial use is located and shall include landscaping along the side of the wall facing the residentially zoned property. Earthen landscape berms with a wall may be utilized to meet this requirement.
         f.   A nonconforming commercial or industrial use shall not be expanded, enlarged, or extended. If a structure used for a nonconforming commercial or industrial use is destroyed or demolished, regardless of cause, or the nonconforming use thereof is abandoned for six months or more, or is converted to or replaced by a conforming use, the right to continue the nonconforming use therein shall cease.
         g.   Nonconforming uses shall be amortized as follows:
            (1)   Nonconforming commercial and industrial uses which were located in the City prior to the date of the City’s adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 2004, shall be amortized and terminated no later than December 31, 2014.
            (2)   Nonconforming commercial and industrial uses which are annexed into the City after adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 2004, and which were nonconforming prior to annexation pursuant to the land use regulations of Butte County, shall be amortized and terminated no later than three years after the date the property on which the use is located is annexed into the City. Requests to extend the time period by which such a nonconforming use must terminate may be made to the planning commission and may be granted only for good cause upon consideration of the following factors.
               a.   The total cost of the property and lawfully installed or constructed improvements.
               b.   The depreciated value of the property.
               c.   The remaining useful life of the improvements.
               d.   The original length and remaining term of the lease, if any, under which the premises is occupied.
               e.   The percentage of the business conducted on the premises compared to the percentage conducted elsewhere.
               f.   The cost of moving and reestablishing the business elsewhere.
               g.   The nature and extent of efforts made by the owner or operator of the nonconforming use to relocate and/or reestablish the use in a properly zoned location.
               h.   The nature of the nonconforming use, as compared to the character of the surrounding neighborhood.
               i.   The harm to the public if the use remains beyond the amortization period.
               j.   The feasibility of converting the use of the premises to an allowed use or a use allowed with a use permit.
               k.   Other related factors.
      Extension requests must be submitted no later than two years before the date the nonconforming use is required to be terminated. Such applications shall be on a form approved by the director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The Planning Commission shall act on all requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits.
   For properties on which a nonconforming commercial or industrial use exists at the time they annexed into the City, extension requests must be submitted no later than one year after the date that the property is annexed into the City. Such applications shall be on a form approved by the director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The Planning Commission shall act on all requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits.
         (3)   Nothing in this paragraph g. shall preclude the conversion of a nonconforming use to a lawful use if: 1) the nonconforming use could be permitted with a use permit; 2) a use permit is obtained; and 3) the use is thereafter conducted in conformance with the terms and conditions of the use permit and all applicable provisions of this code.
      7.   SD-7 (Cactus Avenue)
         a.   The following design standards shall apply to all new development:
            (1)   Street connectivity shall be provided between developments consistent with Community Design Element policies of the General Plan, including provisions for connections to Cactus Avenue and Arch Way. Vehicular access onto Cactus Avenue shall only be allowed at such time that Cactus Avenue is improved between the access point to Cactus Avenue and East Avenue.
            (2)   Lots fronting Cactus Avenue shall have a minimum lot size of 10,000 square feet.
            (3)   Homes fronting Cactus Avenue shall be oriented to face Cactus Avenue and may have driveways onto Cactus Avenue.
            (4)   Buildings on parcels fronting Eaton Road shall face Eaton Road, unless otherwise provided by Planned Development Permit, and shall address potential noise concerns with measures that avoid the use of sound walls.
            (5)   Low-level street lighting shall be utilized to maintain the rural atmosphere of the area.
            (6)   All future subdivision applications shall require a Planned Development Permit when deviations from the development standards are proposed.
      8.   SD-8 (Southwest Chico Neighborhood)
         a.   The following design standards shall apply to the construction of new single-family residences and/or accessory structures:
            (1)   Front yard setbacks shall be consistent with the average of the existing front yard setback of adjoining parcels, but in no case less than fifteen (15) feet or greater than thirty (30) feet.
            (2)   Front entries for all new single-family residences shall be oriented toward the street.
            (3)   Garages shall be set back at least ten (10) feet from the front edge of the dwelling. Garages located in rear yards are encouraged. Detached, single-story garages shall be set back at least five (5) feet from the rear property line.
            (4)   All new single-family dwellings shall include a covered front porch with a minimum area of forty (40) square feet.
            (5)   Front yard fences are permitted only when they are of an open, not solid, design. Front yard landscaping shall not obscure the views of the street or adjoining neighbors.
            (6)   One new tree, fifteen (15) gallons or greater in size, shall be planted in an existing parkway strip of each new single-family residence as a condition of the building permit for such residence, if no tree already exists. The species of tree planted shall be selected from the list "Recommended Street Trees for Chico" maintained by the City Urban Forest Manager, and installed in accordance with Standard Plan LS-1 in Title 18R.
(Ord. 2185; Ord. 2222; Ord. 2263; Ord. 2301 §4; Ord. 2306; Ord. 2328, Ord. 2346, Ord. 2427 §42, Ord. 2429 Ord. 2435 §30, Ord. 2439 §179, Ord. 2440 §34, Ord. 2511, §11, Ord. 2530, §3, Ord. 2549, §7, Ord. 2610)

19.52.080 Corridor Opportunity Site (-COS) overlay zone.

   A.   Purpose. The -COS overlay zone is intended to encourage mixed use development of medium- and high-density residential and commercial land uses and to promote increased residential density, and transportation patterns that do not rely solely on the automobile. The development standards of the -COS overlay zone are designed to encourage a safe and pleasant pedestrian environment with an attractive streetscape, and limited conflicts between vehicles and pedestrians.
   B.   Applicability. The -COS overlay zone is applied to land designated by the General Plan as either a corridor opportunity site or a downtown opportunity site.
   C.   Allowed Land Uses. Allowed land uses are determined by the primary zoning districts. Residential projects within the -COS must be developed at or above the midpoint of the allowable density range of the primary zoning district designation unless one or more of the following findings are made:
      1.   The proposed project does not include residential development;
      2.   Residences are integrated vertically in a mixed-use project;
      3.   Site considerations such as parcel size, configuration, environmental resources, or other features make achieving the midpoint infeasible or undesirable; or
      4.   Infrastructure constraints make achieving the midpoint impractical.
   D.   Development Standards. In addition to the standards of the primary zoning district and all other applicable provisions of these regulations, the following criteria apply:
      1.   Density. When associated with a residential base zoning district: 15 units/acre minimum, 70 units/acre maximum. When associated with an office or commercial base zoning district: Up to 60 units/acre.
      2.   Maximum Height Limit: 65 feet and unless the underlying zoning district permits a greater maximum height.
      3.   Off-Street Parking Reduction. Proposed development may provide off-street parking at a lower rate as provided by Chapter 19.70.
(Ord. 2185, 2427 §43, Ord. 2494 §31, Ord. 2600)

19.52.090 Fraternity and sorority (-FS) overlay zone.

   A.   Purpose. The purpose of the -FS overlay zone is to encourage fraternity and sorority houses, as defined by Section 19.04.020, to be located in proximity to the California State University, Chico, campus and to preserve the neighborhood characteristics of the area.
   B.   Applicability. The -FS overlay zone may be combined with the R3, R4, and RMU residential zoning districts.
   C.   Allowable Land Uses. Any land use normally allowed in the primary zoning district may be allowed within the -FS overlay zone, subject to the land use permit requirements of the primary zoning district, except that fraternity and sorority houses shall be a permitted use upon the issuance of a fraternity/sorority house permit by the Director in compliance with Chapter 19.21 (Fraternity and Sorority House Permits).
(Ord. 2427 §43)(Ord. 2435 §31, Ord. 2494 §32)

19.52.100 Foothill Development (-FD) overlay zone.

   A.   Purpose. The purpose of the -FD overlay zone is to prevent environmental degradation, slope failure, increased erosion, sedimentation, and stormwater run-off; to preserve natural conditions in areas visible from public spaces; to retain topographic features and vegetation; to require site specific design solutions for unique topographic, landscape, and geotechnical settings; and to implement General Plan policies that apply to foothill development.
   B.   Applicability. The -FD overlay zone may be combined with any primary zoning district established by Section 19.40.010. The -FD overlay zone shall be applied and as shown on the Zoning Map for those properties at an elevation of 270 feet or greater.
   C.   Allowable Land Uses. Any land use normally allowed in the primary zoning district may be allowed within the -FD overlay zone.
      D.   Permit Requirements. Foothill development permit approval shall be required as set forth in Section 19.27.010. The requirements in Subdivisions (G) and (H) of this Section shall apply to projects for which a foothill development permit is required. They do not apply when a foothill development permit is not required.
   E.   Basis for Slope Determinations. For the purpose of this section, slope shall be computed on the natural slope of the land before any grading is commenced, as determined from a topographic map having a scale of not less than 1 inch equals 100 feet and a contour interval of not more than 5 feet.
   F.   Development Standards for Projects Within the -FD Overlay Zone. The following development standards apply to all projects within the -FD Overlay Zone.
      1.   Structure Height. Height shall be measured as the vertical distance to an imaginary plane located above the natural (pre-development) grade (See Figure 4-1). The height limit in the -FD overlay zone is 25 feet, with an allowance of up to 5 additional feet for chimneys, vents, other projecting architectural features, water tanks, and renewable energy devices. Heights less than 25 feet may be required along ridgelines and where prominently visible from public rights-of-way, parks, and other public spaces. Heights up to 35 feet may be allowed if the additional height does not impact public viewsheds.
Figure 4-1 HEIGHT MEASUREMENT
      2.   Height measurement on downhill lot. Where the average slope of a parcel is greater than a 1-foot rise or fall in 7 feet of distance from the street elevation at the property line, one story shall be allowed on the downhill side of any structure in addition to the height allowed by the applicable zoning district; provided that the height of the structure shall not be increased above the limit established by the zoning district, measured from the finished street grade to the top of the roof (See Figure 4-2).
Figure 4-2 ADDITIONAL BUILDING HEIGHT ON DOWNHILL LOT
      3.   Setbacks Between Structures and Toes/Tops of Slopes.
         a.   On adjacent lots having a difference in finished grade elevation of 3 feet or more, the side yard shall be measured from the toe or top of slope to any structure, whichever is nearer.
         b.   On adjacent lots having a difference in finished grade elevation of 6 feet or more, the minimum distance between the toe or top of the slope, whichever is nearer, and any main structure shall be 15 feet.
         c.   The grading standards of Title 16 R (Building Standards) shall also apply and may result in greater setback requirements.
      4.   Clustered Development. In clustered development, dwelling units shall be grouped on more level or gently sloping terrain so as to reduce grading alterations on steeper slopes that shall be preserved in a natural state.
      5.   Maximum Density Calculation. To retain the natural features of hillsides, densities shall be reduced as slope increases. Each property to be developed shall be divided into cells of similar slope, using the average slope ranges listed in Table 4-16. The maximum density of the base zoning is then multiplied by the relevant reduction factor assigned to each cell to determine the maximum allowable density for each cell.
TABLE 4-16
ALLOWABLE RESIDENTIAL DENSITY BASED ON SITE SLOPE
 
Average Slope Range
Density Reduction Factor
0% to 10%
None
10.1% to 15%
0.9
15.1% to 20%
0.8
20.1% to 25%
0.6
25.1% to 30%
0.4
Greater than 30%
No development
 
      6.   Exterior Lighting. Lighting for new project sites and new streets shall be shielded to avoid glare and the spill of light to surrounding areas. Street lighting shall consist of multiple, shielded, low-intensity, pedestrian-scale lighting fixtures instead of fewer, taller fixtures.
      7.   Retaining Walls. Large retaining walls shall be broken into elements and terraces to avoid creating a uniform plane and landscaped to screen them from view (See Figure 4-3).
Figure 4-3 RETAINING WALLS
      8.   Street Design.
         a.   Street Layout. Streets shall follow the natural contours of the terrain, where possible, to minimize the need for grading. Cul-de-sacs and loop roads should be used where necessary to fit the natural contours and topography, subject to the approval of the City Engineer and Fire Department.
         b.   Reduced Street Widths. Streets may be designed without parking lanes when the result is a substantial decrease in cutting and/or filling. Streets may be reduced as provided for in Title 18R, Design Criteria and Improvement Standards.
      9.   Site and Structure Design. Site and structure design shall visually blend structures with the surrounding terrain.
         a.   Lot Line Locations. Lot lines should be placed at the top of slope areas.
         b.   Location of Structures. Structures should be sited in a manner that will:
            (1)   Minimize the creation of flat pads by using compact, split-level designs;
            (2)   Preserve vistas from public places; and
            (3)   Preserve visually significant rock outcroppings, natural hydrology, native plant materials, and areas of visual significance.
         c.   Architectural Design. Buildings shall demonstrate the following design principles:
            a.   Building scale that complements the character of the foothills and avoids massive forms that dominate public views of the foothills.
            b.   Varying setbacks, building heights, foundation designs, building forms, materials, and colors that blend structures into the terrain.
            c.   Building facades with varied planes and overhangs as a means to create changing shadow lines that further break up massive forms.
         d.   Incorporation of single story elements, setbacks, roof pitches, and landscaping for wall surfaces facing public viewsheds (See Figure 4-4).
Figure 4-4 RELATING BUILDING FORM TO TERRAIN
         e.   Roof pitches placed to generally follow the angle of the slope, but with variation to avoid a monotonous appearance.
         f.   Medium to dark earth tone colors used for building elevations and roof materials.
         g.   Surface materials to blend with the landscaping and natural vegetation, such as textured stucco, wood, natural brick, and coarse block.
         h.   Rough-textured roof materials (and in some cases terra cotta and metal) in a muted, darker tone, including browns, grays and greens.
      10.   Grading and Drainage.
         a.   Grading shall be designed to conserve natural topographic features and appearances by retaining major natural topographic features (for example, canyons, knolls, ridgelines, and prominent landmarks), by minimizing the amount of cut and fill, and by means of landform grading to blend graded slopes and benches with the natural topography (See Figure 4-5).
Figure 4-5 PREFERRED GRADING METHODS
         b.   Grading plans shall identify slopes that are to be landform graded. "Landform grading" shall mean a contour grading method that creates artificial slopes with curves and varying slope ratios in the horizontal plane designed to simulate the appearance of surrounding natural terrain.
         c.   All graded areas shall be protected from wind and water erosion, in compliance Titles 16 (Buildings and Construction) and 16R (Building Standards). Interim erosion control plans, certified by the project engineer, shall be required.
         d.   Exposed slopes shall be replanted with non-invasive but self-sufficient trees, shrubs, and groundcover that are compatible with existing surrounding vegetation, to help blend manufactured and natural slopes and to protect slopes from soil erosion.
         e.   Grading that would create a slope exceeding a ratio of 3:1 requires a report and a stabilization study that indicates a greater permissible slope, unless it is determined by the Director that site conditions (as supported by data) do not warrant the report and study.
   G.   Required Plans and Reports. A subdivision or land use entitlement application for a site within the -FD overlay zone shall include the following documents as determined by the Director. If an applicant believes that any or all of the documents are not applicable, a written justification supported by factual information shall be submitted to the Director in order to justify an exception.
      1.   Topographic Map. A topographic map of the project site and land and structures within 100 feet of the project boundaries. Section drawings and/or elevations may be required where necessary to indicate those residences which may be affected in terms of view obstruction. The map shall be drawn to a scale of not less than 1 inch = 100 feet, with a maximum contour interval of 5 feet;
      2.   Project Plans. Plans of the proposed project, including property lines with recorded and proposed easements and public rights-of-way, existing and proposed contours, a representative cross-section showing existing and proposed conditions, ridgelines if applicable and the proposed treatment thereof, proposed erosion control and/or slope stabilization techniques, structure siting criteria and/or building envelopes, any height limitations, and any solar orientation considerations;
      3.   Slope Maps. Maps of existing and final slope depicting the following slope categories: 0-5 percent, 6-10 percent, 11-15 percent, 16-20 percent, and 21+ percent;
      4.   Soils Report. A soils engineering report, including data on the nature, distribution, and strengths of existing soils, approximate depth and location of shallow impervious layers; subsurface drainage; design criteria for identified corrective measures; and recommendations regarding existing conditions and proposed grading. The report shall be prepared by a registered engineer;
      5.   Geology Report. A geology report, including the surface and subsurface geology of the site, degree of seismic hazard, recommendations regarding the effect of geologic conditions on the proposed development, and recommended design criteria to mitigate any identified geologic hazards. The report shall be prepared by a registered geologist, civil engineer, or other qualified professional in engineering geology and may be combined with the soils report;
      6.   Hydrology Report. A hydrology report that identifies areas of possible inundation, downstream effects, natural drainage courses, primary groundwater recharge areas, effect of hydrologic conditions on the proposed development, recommendations regarding the adequacy of proposed facilities, and proposed solutions to mitigate identified hydrologic hazards. The report shall be prepared by a registered civil engineer experienced in hydrology and hydrologic investigation;
      7.   Biological Resource Assessment. A biological resource assessment of the subject site by a qualified biologist, including the location and species of trees over six inches in diameter at breast height; habitat type, such as annual grassland, permanent wetland, vernal pools/seasonal wetland or valley oak woodlands; and the occurrence of any special status species within the area;
      8.   Preliminary Landscaping Plan. A preliminary landscaping plan showing the size and location of existing trees over six inches in diameter at breast height, indicating any trees proposed for removal, and the type and extent of proposed conceptual landscaping;
      9.   Visual Simulation. A realistic, three-dimensional computer simulation of the proposed structures from multiple view points, including the use of story pole plans for structures along ridgelines or visible from public spaces; and
      10.   Other Information. Other information or application materials as may be deemed necessary by the Director.
   H.   Project Evaluation. The review authority's consideration of an application for foothill development shall include an evaluation of the following:
      1.   Consistency with the foothill development standards listed in this section;
      2.   The retention of natural topographic and prominent landmark features, significant ridgelines, natural rock outcroppings, prominent trees and woodlands, and other areas of special natural beauty; and
      3.   Site planning and structure design that minimizes impacts to public viewsheds.
(Ord. 2440 §36, Ord. 2494 §33, Ord. 2550 §2)

19.52.110 Valley's Edge (-VE) overlay zone.

   A.   Purpose. The purpose of the -VE overlay zone is to implement the Valley's Edge Specific Plan.
   B.   Applicability. The -VE overlay zone may be combined with any primary zoning district established by Section 19.40.010 that exists within the bounds of the Valley's Edge Specific Plan area.
   C.   Allowable Land Uses. Land use allowances within the Valley's Edge Specific Plan area shall be determined as set forth in Appendix C of the Valley's Edge Specific Plan (Permitted and Conditionally Permitted Uses). If the Specific Plan is silent regarding a particular land use, then these Regulations shall be used to determine permitted land uses and permit requirements.
   D.   Development Standards. The development standards applicable to sites within the -VE overlay zone shall be as set forth in the Valley's Edge Specific Plan. If the Specific Plan is silent regarding a particular development standard, then these regulations shall be used to determine permitted land uses and permit requirements.
   E.   Administration and Permit Procedures. The administration and permit procedures contained in Divisions II and III, respectively, of these regulations shall be used to administer and process entitlement requests within the Valley's Edge Specific Plan area.
(Ord. 2583, §2)