Chico City Zoning Code
DIVISION V
SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS
Chapter 19.66 FOOTHILL DEVELOPMENT STANDARDS
Repealed by Ord. 2440 §43
19.60.010 Purpose, applicability.
A. Purpose. This chapter ensures that new or modified uses and development produce a desirable environment which is compatible with existing development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan and any applicable specific plan.
B. Applicability of General Standards. The general standards of this chapter apply to more than one zoning district, including residential, commercial, and manufacturing, and therefore are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.
All new or modified structures and uses shall conform with all of the applicable standards of this chapter prior to construction. All uses shall comply with the standards of this chapter, including access, dust and dirt, and odor, as determined applicable by the Director, except as specified in Chapter 19.08 (Nonconforming Structures, Uses, and Parcels).
(Ord. 2185)
19.60.020 Access.
Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement or recorded reciprocal (mutual) access agreement, as determined by the Director. Driveways shall be developed in compliance with the standards contained in Section 19.70.070 (Driveways and site access).
(Ord. 2185)
19.60.030 Creekside development.
A. Purpose. Creek corridor habitats support plants and animals, recharge aquifers, and filter some pollutants. Creek corridors are valuable as open space areas and are of recreational and scenic interest. For these reasons, it is the intent of the City to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic, and recreational amenity.
B. Applicability. The provisions of this section apply to any property adjoining or including any of the following waterways:
1. Big Chico Creek;
2. Butte Creek;
3. Little Chico Creek/Butte Creek Diversion Channel;
4. Comanche Creek (Edgar Slough and its tributaries);
5. Lindo Channel;
6. Little Chico Creek and its tributaries including Dead Horse Slough; and
7. Sycamore/Mud Creek.
C. Streambed Information Required. At the time of permit application, applicants with parcels adjoining any of the above specified waterways shall submit site-specific streambed information prepared by a hydrologist, civil engineer, or qualified professional to determine the precise top of bank of the waterway, as defined in Subsection D below. The analysis shall include:
1. Detailed mapping of at least 1:100 scale;
2. Identification of the direction and flow of material run-off from the site, or immediately adjacent to the site;
3. The need for mitigation measures, including rip rap, energy dissipation structures, or flow stabilizing devices, to keep flow velocities close to pre-development levels; and
4. Other information that the Director determines is necessary to properly analyze and mitigate potential impacts of the proposed development on the waterway.
This requirement may be waived by the Director if it is determined that the project, because of its size, location, design, or other factors, will not have a significant impact on the waterway, or that sufficient information already exists and that further analysis is not necessary.
D. Top of Bank Defined. "Top of bank" shall mean the upper elevation of land, having a slope not exceeding 10 percent, which confines the channel waters flowing in a watercourse in their normal course of winter flow.
E. Creekside Development Standards.
1. A setback, easement, or dedication including any land within the channel and a minimum of 25 feet from the top of bank shall be required in all zoning districts. Additional setback, easement, or dedication may be necessary to protect environmental resources. The City may also acquire additional setback, easement, or dedicatio from top of bank.
2. As specified in Subsection E-1 above, setbacks shall be required for all ministerial projects. Either a setback, easement, or dedication shall be required for all discretionary land use entitlements. Tentative maps shall be conditioned in compliance with Title 18 (Subdivisions).
3. No structure, parking access, parking space, paved area, or swimming pool shall be constructed within a creek or creekside setback.
4. No grading or filling, planting of non-native or non-riparian plant species, or removal of native vegetation shall occur within a creek or creekside setback.
5. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete, and native landscaping.
F. Downtown Creeks. New development Downtown, adjacent to Big Chico Creek or Little Chico Creek shall adhere to the following additional standards:
1. Provide public access to the creek; and
2. Incorporate design features that front the creek side of the property such as outdoor seating or dining, public open spaces, and/or facade improvements.
(Ord. 2185; Ord. 2223; Ord. 2397 §7, Ord. 2440 §37)
19.60.050 Exterior lighting.
Exterior lighting shall be architecturally integrated with the character of all structures, energy-efficient, and shielded or recessed so that direct glare and reflections are confined, to the maximum extent feasible, within the boundaries of the site. Exterior lighting shall be directed downward and away from adjacent properties and public rights-of-way. Shielded shall mean that the light rays are directed onto the site and the light source, whether bulb or tube, is not visible from an adjacent property. All parking and security lighting shall consist of full cutoff fixtures, unless a different cutoff classification is specifically authorized through the architectural review process. This section does not apply to sign illumination, traffic safety lighting, or public street lighting. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.
(Ord. 2185; Ord. 2381 §6)
19.60.060 Fencing and screening.
The following standards shall apply to the installation of all fences and walls. Fences and walls require approval from the Architectural Review and Historic Preservation Board (ARHPB), if ARHPB review is also required for the underlying development project. Perimeter fences and walls adjacent to the public right-of-way within a proposed subdivision require approval from the Commission, as part of the tentative map review process.
A. Height Limitations. Fences and walls are subject to the following height limitations:
1. General Height Limits for Residential Uses.
a. Standard Parcels. On all parcels except corner lots, fences, walls, or similar obstructions shall not exceed the following height limitations:
(1) Front Yards. 3 feet. May be increased to 4 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits), or up to 6 feet with approval of a use permit in compliance with Chapter 19.24 (Use Permits).
(2) Rear Yards. 7 feet for all fences; may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).
(3) Side Yards. 7 feet for all fences outside the front yard setback area (see Figure 5-1). Interior side yard fencing may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).
No fence authorized by a use permit shall exceed 6 feet in height in any required front or street side yard nor 8 feet in height in any rear or interior side yard.
b. Corner Parcels.
(1) No fence, wall, or other visual obstruction over 3 feet in height above the top of the existing or planned curb elevation shall be located within a sight distance area.
This provision shall not apply to: public utility poles; trees trimmed, to the trunk, to a line at least 13 feet 6 inches over a curb area and 10 feet over a sidewalk; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the effective date of these Regulations; and official governmental warning signs or signals.
(2) Street side yard fences, up to a maximum height of 7 feet for all fences outside the front yard setback area (see Figure 5-1). Street side yard fencing may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).
c. Swimming Pools, Spas and Similar Residential Amenities. Swimming pools, spas and other similar residential amenities shall be fenced in compliance with the California Building Code.
d. Parcels with Grade Differential. Where there is a difference of less than 2 feet in the ground level between two adjacent parcels, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel. When there is a difference of 2 feet or more in the ground level between two adjacent parcels, the height of any fence or wall on the property line shall be determined by the Director. The granting of an administrative use permit, in compliance with Chapter 19.25, may allow a fence or wall in excess of 6 feet in height between two adjacent parcels up to maximum height of either 10 feet, measured from the finished grade of the lower parcel at the property line, or 6 feet above the approved minimum finished floor elevation of either adjacent parcel.
2. General Height Limits for Commercial and Industrial Uses. Fences up to 10 feet in height are allowed non-residential sites when not adjacent to residential use or zone and consistent with the California Building Code; and if there are no sight distance area problems as determined by the Director.
B. Setback Requirements. Fences or walls may be located on any property lines in compliance with the height limits of Subsection A (Height Limitations), above.
C. Multi-Family Fencing Requirements. Development of two or more residential units on a single parcel shall require the installation of fencing along the side and rear property lines. Development of a single project on more than one parcel shall require fencing only on the project perimeter side and rear property lines. The fencing in multi-family projects shall not exceed the maximum allowable height, nor be required in a street side yard or adjoining a permanent open space.
D. Fence Design, Generally. Only one type of fence or wall design shall be allowed on any multi-family, commercial, or manufacturing site. Perimeter fencing along a public right-of-way for a single-family subdivision is subject to review and approval by the Commission as part of the subdivision review process. Perimeter fences or walls adjoining public rights-of-way shall be articulated to prevent a monotonous appearance on a continuous wall. The design may include an appropriate mix of materials and finish subject to the approval of the Director.
E. Required Fences Exempt. The provisions of this section shall not apply to a fence or wall required by any law or regulation of the City, State, or any agency thereof.
F. Prohibited Materials. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence or wall, or by itself, is prohibited in all zoning districts unless:
1. Approved in a commercial or industrial zoning district, in compliance with Chapter 19.24 (Use Permits); and
2. Consistent with the requirements of Civil Code Section 835, including but not limited to the following:
a. Signage. Electrified fences shall be identified by prominently placed warning signs that are legible from both sides of the fence.
b. Perimeter fencing. Electrified fences shall be located behind a perimeter fence that is not less than 6 feet in height.
3. Or as required by any law or regulation of the City, State, or any agency thereof.
G. Landscaping adjacent to fencing and screening. For projects requiring architectural review in compliance with Chapter 19.18, landscaping (such as creeping vine species, shrubs, or hedges) shall be planted and maintained close to ground-mounted fencing and screening walls to dissuade graffiti vandalism, unless approved otherwise through the architectural review process.
H. Fencing or Wall Requirements. All multi-family and non-residential land uses shall comply with the following screening requirements:
1. Screening Between Different Land Uses. Wherever a site zoned for multi-family residential, commercial, or manufacturing purposes adjoins a residential zoning district, a 6-foot-high wood fence or solid decorative masonry wall (7 feet if one foot of lattice or other 50% view permeable material is incorporated into the top one foot of the fence design) shall be constructed along the property line adjoining the residential zoning district. The fence or wall shall be architecturally treated on both sides, subject to the approval of the Director, the Commission, or the Architectural Review and Historic Preservation Board if part of a project review.
2. Equipment. Any equipment, whether on the roof, side of structure, or ground, loading docks, service yards, trash and storage areas, and utility services shall be properly screened from public view. The method of screening shall be architecturally compatible with other site development in terms of materials, colors, shape, and size. The screening design and construction shall be subject to the approval of the Director, or the Architectural Review and Historic Preservation Board if part of a project review, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground.
3. Outdoor Storage and Work Yards. All auto dismantling operations, auto wrecking yards, building materials supply yards, junk yards, lumber yards, recycling facility/processing centers, scrap metal yards, waste resource and waste recycling operations, and uses with similar outside storage shall comply with the following:
a. Outside uses shall have a solid sight-obscuring masonry wall or metal fence not less than 6 feet, nor more than 8 feet, in height, of a type and design approved in advance of construction or installation by the Director, or the Architectural and Historic Preservation Review Board if part of a project review. The fence shall include one or more operable gates to be used as the only entrances and exits for the property. The fence and gate shall be properly maintained to continuously conform to all conditions of approval.
b. All operations in conjunction with the above-listed uses, including the loading and unloading of materials and equipment, shall be conducted entirely within the fenced area.
c. All materials and equipment, including storage containers, trailers, and trucks, shall be stored within the fenced area. The materials and equipment shall not be maintained, stored, or used so as to be visible above the height of the sight- obscuring fence or wall except as follows:
(1) Mechanical equipment, including cranes, crushers, and loaders, may be of a height which may be visible beyond the limits of the property; and
(2) Except for equipment designed to move under its own power, all mechanical equipment with a height exceeding the sight-obscuring fence or wall shall be located a minimum distance of 40 feet from any exterior property line when adjacent to a residential district.
4. Outdoor Garden Supply Areas. Outdoor garden supply areas shall be screened with fencing, meshing, or other similar sight-obscuring material.
I. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Director.
J. Recreational Court Fencing. Fencing for recreational facilities such as tennis or basketball courts shall comply with all building code regulations.
(Ord. 2185; Ord. 2223; Ord. 2358 §12; Ord. 2397 §8, Ord. 2435 §32, Ord. 2494 §34, Ord. 2519 §21, Ord. 2580 §13, Ord. 2600)
19.60.070 Height measurement and height limit exceptions.
All structures shall meet the following standards relating to height.
A. Maximum Building Height. The height of structures shall not exceed the standard established by the applicable zoning district in Division IV. Maximum height shall be measured as the vertical distance from finished grade to an imaginary plane located the allowed number of feet above and parallel to the finished grade on sites outside of the Foothill Development overlay zone. For sites within the Foothill Development overlay zone, refer to Section 19.52.100 (Foothill Development overlay zone).
(Ord. 2435 §33, Ord. 2440 §39, Ord. 2519 §22)
B. Detached Accessory Structures. A detached accessory structure shall not exceed 15 feet in height. Additional height, up to a maximum of 10 feet, may be authorized with a use permit if architecturally consistent with the main structure.
C. Detached Garage. A detached garage or carport shall not exceed 15 feet in height. Except:
1. A height of 25 feet is allowed for garages with an ADU above; and
2. A height of 25 feet may be allowed for garages without an ADU above if the additional height is architecturally consistent with the main structure and has a minimum setback distance of 10 feet from any property line.
D. Structures on Sloping Parcels. 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.
E. Exceptions to Height Limits. The height limits of these Regulations shall not apply to the following:
1. Elevator Penthouses and Lofts. Elevator penthouses and similar structures, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 25 percent of the total roof area of the structure.
2. Outdoor Theater Screens. Outdoor, drive-in theater screens, provided the screen contains no advertising material.
3. Parapet Walls. Parapet walls extending not more than 6 feet above the height limit of the structure.
4. Public Assembly. The maximum height for places of public assembly, including churches, schools and other allowed public and semi-public structures, may exceed the height allowed in the zoning district, subject to the approval of a use permit, provided the area of assembly is located on the first floor of the structure. For each 1 foot by which the height of the structure exceeds the maximum height, the side and rear yards shall be increased in width and/or depth by an additional foot over the side and rear yards required for the highest structure allowed in the zoning district;
5. Single-Family Dwellings in RS and R1 Districts. The height of a single-family dwelling in the RS and R1 zoning districts may be increased up to an additional 5 feet when two side yards are provided, each having a minimum width of 15 feet.
6. Spires, Towers, Water Tanks and Renewable Energy Devices. Belfries; chimneys; cupolas; domes; flag poles; gables; monuments; spires; towers, including hose, utility, and water; water tanks; similar structures; and renewable energy devices and necessary mechanical appurtenances may exceed the height limit established for the applicable zoning district, subject to the approval of an administrative use permit, in compliance with Chapter 19.25, or subject to architectural review, in compliance with Chapter 19.18.
7. Telecommunications Facilities. Telecommunication facilities, including antennae, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a use permit, in compliance with Chapter 19.24.
(Ord. 2185; Ord. 2223; Ord. 2243, Ord. 2427 §44, Ord. 2435 §33, Ord. 2494 §35, Ord. 2519 §22, Ord. 2580 §14)
19.60.080 Noise.
A. Noise Control. Noise shall be controlled at the source through berms, buffer yards, insulation, structure design and orientation, staggered operating hours, and other techniques. Where necessary, noise barriers shall attenuate noise to acceptable levels and the barriers shall be landscaped to reduce any negative visual impacts on the community, in compliance with the Noise Element of the General Plan. All development shall comply with Chapter 9.38 (Noise) of the Municipal Code.
B. Manufacturing Noise Levels. Manufacturing uses shall comply with Section 19.46.040-B-4 (Manufacturing/Industrial zoning district performance standards), where applicable.
C. Railroad Noise Buffers. Noise buffers or sound attenuation shall be installed for all new adjacent residential developments in compliance with the Noise Element of the General Plan.
(Ord. 2185, Ord. 2440 §40)
19.60.090 Setback regulations and exceptions.
A. Purpose. This section establishes standards for the minimum size and use of yards. The purpose of these standards is to provide for open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.
B. Applicability of Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Division IV, and with any special setbacks established for specific uses by these Regulations, except as otherwise provided by this section. In no case shall any portion of a structure, including eaves and roof overhangs, extend beyond a property line or into an access easement or street right-of-way. Each required yard shall be open and unobstructed from the ground upward, except as provided in this section.
C. Exemptions from Setback Requirements. The minimum setback requirements of these Regulations apply to all uses except the following:
1. Fences or walls 6 feet or less in height above the finished grade of the site; except on corner parcels and within front yards, in compliance with Section 19.60.060-A- 1 -d (Fencing and screening); and
2. Retaining walls no more than 4 feet in height above the surrounding finished grade at any point.
D. Measurement of Setbacks. The required setbacks shall be measured from the property lines behind the adjoining edge of the public right-of-way or private street easement and related improvements, including adjacent pedestrian facilities. Setbacks shall be measured as follows (see Figure 5-4):
1. Front Yard Setbacks. The required front setback shall be measured at right angles from the nearest point on the front lot line of the parcel to the nearest point of the wall of the structure, except as follows:
a. Averaging. The required front setback may be calculated based on structure setbacks on adjacent parcels, instead of applying the setback normally required by the applicable zoning district, only under the following circumstances:
The required front yard setback may be determined through averaging; provided that when four or more parcels in a block have been improved with structures, the minimum front yard setback shall be the average of the setbacks on the improved parcels, if maintaining less than the minimum required front yard setback. Further, the front yard setback for parcels with parkways may be reduced by 1 foot, except that the frontage of garages and covered parking areas providing vehicle access shall be set back no less than 20 feet to ensure pedestrian safety (see Figure 5-5).
b. Corner Lots. The front setback shall be measured from the nearest point of the wall of the structure to the front lot line.
c. Flag Lots. The front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.
2. Side Yard Setbacks. The required side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear setbacks.
3. Street Side Yard Setbacks. The required side setback on the street side of a corner lot shall be measured from the nearest point of the side property line adjoining the street.
4. Rear Yard Setbacks. The required rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest wall of the structure; establishing a setback line parallel to the rear property line which extends between the side yards, except in the following cases:
a. Easements. If an access easement line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement.
b. Converging Lot Lines. Where the side lot lines converge to a point, a line 5 feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard (see Figure 5-6)
c. Averaging for Certain Structures. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear setback along the line may be averaged, provided that no resulting side yard shall be less than 3 feet in width, and no rear yard shall be less than 10 feet in depth, at any point.
E. Allowed Projections Into Setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side, and rear yard setbacks, as follows (see Figure 5-7).
1. Chimneys. A chimney may extend 30 inches into a required setback, but no closer than 3 feet to the property line.
2. Cornices, Eaves, and Roof Overhangs. Cantilevered architectural features, including balconies, canopies, cornices, eaves, and solar devices, which do not increase the floor area enclosed by the structure, may extend up to 24 inches into a required setback, but no closer than 3 feet to the property line.
3. Decks, Porches, and Stairways. Attached decks or uncovered landing places, covered and unenclosed porches and stairs exceeding 18 inches in height above the surrounding finished grade may extend into required yards as follows:
a. Front Yard Setback: Up to 6 feet into a required front setback.
b. Side Yard Setback: Up to 3 feet into a required side setback, but no closer than 3 feet to the property line.
c. Rear Yard Setback: Up to 6 feet into a required rear setback.
No deck, porch, or stairway shall extend or encroach beyond any official plan line.
F. Setback Requirements for Specific Structures:
1. Fences. See Section 19.60.060 (Fencing and screening).
2. Garages. To ensure an adequate space for off-street parking in residential zoning districts, the face of a garage entrance, situated approximately parallel to the front or street side lot line, shall be set back a minimum of 20 feet from the property line providing driveway access.
3. Hot Tubs, Swimming Pools, or Spas, and Other Site Design Elements. Detached decks, earthworks, freestanding solar devices, hot tubs, steps, swimming pools or spas, terraces, and other site design elements that are placed directly upon the finished grade, and which exceed a height of 18 inches above the surrounding finished grade at any point, shall conform to the setback requirements of Section 19.76.020 (Accessory uses and structures) for detached accessory structures. Site design elements less than 18 inches above finished grade are exempt. Swimming pools or other recreational pools or landscape ponds greater than 12 inches in depth may be located in a required front or side yard, subject to the approval of a use permit in compliance with Chapter 19.25 (Administrative Use Permits).
4. Retaining Walls. Retaining walls greater than 4 feet but no more than 6 feet in height may be located within a required setback provided the exposed side of the wall faces into the property. Retaining walls greater than 4 feet in height, where the exposed side of the wall faces out from the property, and all retaining walls greater than 6 feet in height shall be subject to the same requirements as the main structure in the applicable zoning district. See Figure 5-8.
G. Restrictions on the Use of Setbacks. No required yard may be used for the accumulation, placement, or storage of automobiles or other motor vehicles, building materials, junk, or machinery except for the following:
1. Automobiles or other motor vehicles which are registered and regularly in use which are parked within required off-street parking area(s) or driveways leading to such areas, which have been improved with all-weather surface.
2. Building materials required for construction on the parcel, immediately prior to and during a construction project which has a valid building permit in force.
H. Building Setback Lines and Official Plan Lines. Where building setback lines or official plan lines have been established for a parcel on a plan or subdivision map approved by the City, the required front, rear, and street side yard setbacks shall comply with the lines or the setbacks established by these Regulations, unless authorized through a planned development permit, use permit, or specific plan approval. Nothing in this section shall be construed to allow any structure to extend beyond the established lines.
I. Minimum Setbacks for Sight Distance Areas. Structures shall not be altered, constructed, erected, or moved which would result in a sight distance safety hazard as determined by the Director.
J. Special Creekside Setbacks. Setbacks from creeks shall be in compliance with Section 19.60.030 (Creekside development).
K. Special State Highway Setbacks.
1. Applicability. The provisions of this subsection shall apply in place of any other setback requirements in these Regulations for all properties adjoining the following highways, except that these provisions shall not apply to signs installed in compliance with Chapter 19.74 (Signs):
a. State Highway Route 99 freeway;
b. State Highway Route 32 northwesterly of Big Chico Creek; and
c. State Highway Route 32 easterly of State Highway Route 99 freeway overcrossing.
2. Parking Lot Setback. A minimum parking lot setback of 15 feet shall be provided from the property line adjoining the State highway;
3. Structural Setback. A minimum structural setback of 25 feet shall be provided from the property line adjoining the State highway;
4. Required Landscaping. Within the required setback, landscaping, in compliance with Chapter 19.68 (Landscaping Standards), shall be established incorporating the following:
a. Berming and/or mounding, if appropriate;
b. Fencing and/or walls integrated with the landscaping, if appropriate;
c. Living groundcover plantings;
d. Permanent irrigation system; and
e. Shrubs and/or trees.
(Ord. 2185; Ord. 2223, Ord. 3435 §34, Ord. 2494 §36, Ord. 2519 §23)
19.60.100 Solar energy development standards.
If solar collectors are proposed for any new development, the following standards shall apply:
A. Roof-mounted solar collectors shall be placed in the least visible location without significantly reducing the operating efficiency of the collectors;
B. Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible. Screening material(s) shall be color-coordinated to harmonize with the materials and other dominant colors of the structure;
C. Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and
D. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with the materials and other dominant colors of the structure.
(Ord. 2185, Ord. 2610)
19.60.110 Soundproofing and screening of utility facilities.
All public utility facilities designed to be installed or constructed in residential zoning districts or on properties with the TND designations of NE or NG which would be expected to create noise or sound during operation shall be constructed or installed in soundproof structures when the review authority determines that soundproofing is required to eliminate the anticipated noise or sound. All utility facilities shall also be screened by fencing and/or landscaping, in compliance with Section 19.60.060-H (Fencing and screening).
(Ord. 2185. Ord. 2358 §13)
19.60.120 Undergrounding of utilities.
All proposed electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television and other wiring conduits, and similar facilities shall be placed underground by the developer, unless such placement has been determined to be either infeasible or unsafe by either the public works director or the appropriate review authority. The Council may grant a modification, including a complete waiver of the undergrounding requirement, after considering the general purposes and nature of the proposed development.
(Ord. 2185, Ord. 2435 §35, Ord. 2439 §180)
19.60.130 Accommodations for persons with disabilities.
A. Purpose and Intent. This section establishes a formalized reasonable accommodation procedure in accordance with State law and is intended to provide equal access to residential housing throughout the city's jurisdiction regardless of an individual's physical or mental abilities.
B. Definitions.
Disabled person. An individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A disabled person does not include individuals currently using controlled substances as defined by federal law.
Fair Housing Law. Existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(l).
Reasonable accommodation. Any request by, or on behalf of, a disabled person for a reasonable deviation from the city's application of its land use or building regulations as set forth in this Code, or as adopted by reference in this Code, in order for such disabled person to use and enjoy a dwelling.
C. Request for accommodation. The Director may approve modifications or exceptions to regulations governing the siting, development, and use of housing or housing-related facilities, or other matters related to zoning and land use, to facilitate reasonable accommodations for persons with disabilities.
1. A disabled person, or their authorized representative, may request reasonable accommodation as specified in this section.
2. Documentation: A request for reasonable accommodation must be filed in a form and manner approved by the zoning administrator, and at a minimum, must include the following:
a. Evidence of the property owner's consent, usually in the form of the owner's signature on the application;
b. A description of how the property will be used by the disabled individual(s), e.g., for residential habitation, and the specific reason that reasonable accommodation is desirable;
c. Evidence of the applicant's need for a reasonable accommodation because of a disability, including, correspondence from a currently licensed healthcare professional or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking. This information will be maintained as confidential unless needed for this process and/or disclosure required by law.
3. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
D. Proceedings. Upon accepting a reasonable accommodation request application as complete, the Director, or his/her designee, shall review the application and approve, conditionally approve, or deny the application. The decision shall be communicated in writing to the applicant within thirty (30) days of the application being deemed complete. Any denial must be accompanied by the facts and reasons for denying the application.
E. Requirements. The following requirements must be met in order to approve a request for reasonable accommodation:
1. The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.
2. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
3. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.
F. Conditions of Approval-General. A reasonable accommodation granted under this section is subject to the following general conditions:
1. The reasonable accommodation applies only to the specific disabled person;
2. Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void:
3. Except as otherwise specifically accommodated pursuant to this section, the approved reasonable accommodation is subject to all uniform building codes as adopted by the city;
4. Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units:
5. The zoning administrator may require additional conditions of approval which may be deemed necessary to reconcile the approved reasonable accommodation with other requirements of this Code while still implementing the purpose of this title;
6. Reasonable accommodations do not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void as specified in Section 19.14.020 of this title.
G. Application Fee. There shall be no fee for filing an initial application for reasonable accommodation. However, the fee for appealing decisions made pursuant to th is section to the city council shall apply.
(Ord. 2435 §36, Ord. 2439 §181, Ord. 2494 §37, Ord. 2600)
19.62.010 Purpose.
The purpose of providing a housing density bonus or incentives is to contribute to the economic feasibility of low income and moderate income housing in housing developments proposed within the City.
(Ord. 2185.)
19.62.020 Applicability.
This chapter shall apply to all zoning districts, including mixed use zoning districts, where residential developments of five (5) or more dwelling units are proposed and where the developer seeks and agrees to provide low, very low, senior or moderate income housing units in the threshold amounts specified in Government Code Section 65915. The total density bonus and number of incentives or concessions shall be calculated per State housing law.
(Ord. 2185, Ord. 2435 §37, Ord. 2600)
19.62.030 Application and approval.
Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall provide the city with a written proposal. The proposal shall be submitted prior to or concurrently with filing the planning application for the housing development and shall be processed in conjunction with the underlying application.The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall include the following information:
A. Requested Density Bonus. The specific requested density bonus proposal shall evidence that the project meets the thresholds for state density bonus law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under state density bonus law and the resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to state density bonus law.
B. Requested incentive(s). The request for particular incentive(s) shall include a pro forma or other report evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the city to verify its conclusions.
C. Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the limitations provided by Section 19.62.040 and to the extent such limitations are exceeded will be considered as a request for an incentive.
(Ord. 2185, Ord. 2435 §38, Ord. 2519 §24, Ord. 2600)
19.62.040 Determination of housing density bonus or incentives.
A. Density bonus. A density bonus for a housing development means a density increase over the otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete. The amount of the allowable density bonus shall be calculated as set forth in the California Government Code Section 65915. The applicant may select from only one of the income categories identified in state density bonus law and may not combine density bonuses from different income categories to achieve a larger density bonus.
1. The applicant may select from only one of the income categories identified in state density bonus law and may not combine density bonuses from different income categories to achieve a larger density bonus.
2. Additional Local Density Bonus Allowance. In addition to the density bonus allowed by California Government Code Section 65915, the City of Chico shall permit an additional density bonus of up to 5% over the maximum allowable density bonus under state law, provided the applicant commits to providing additional affordable units beyond the minimum required to qualify for a density bonus under State density bonus law. Furthermore, projects that do not seek any concessions and comply with all objective development standards shall be eligible for an additional local density bonus of up to 10%.
B. Incentives. An incentive includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable. financially sufficient, and actual cost reductions. An incentive may be the approval of mixed use zoning (e.g., commercial) in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project. An incentive may, but need not be, the provision of a direct financial incentive, such as the waiver of fees. The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to California Government Code Section 65915.
C. Waivers. A waiver is a modification to a development standard such that construction at the increased density would be physically possible. Modifications to floor area ratio in an amount equivalent to the percentage density bonus utilized shall be allowable as a waiver. Requests for an increase in floor area ratio above that equivalent percentage shall be considered a request for an incentive. Other development standards include, but are not limited to, a height limitation, a setback requirement, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density. To be entitled to the requested waiver, the applicant must show that without the waiver, the project would be physically impossible to construct. There is no limit on the number of waivers.
D. Determination by council. In the sole discretion of the city council, the city council may approve a density bonus and/or incentive(s) in accordance with state density bonus law for a project that does not maximize the underlying base zoning density. Additionally, nothing herein prevents the city from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser density bonus and fewer incentives and waivers than that provided for herein, when the housing development does not meet the minimum thresholds, as long as it adheres to state law.
1. An applicant shall be ineligible for a density bonus or any other incentives or waivers under this chapter if the housing development displaces qualifying rental dwelling units, unless the development replaces those units in accordance with state law.
2. A requested incentive may be denied only for those reasons provided in state density bonus law. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.
3. The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change or other discretionary approval, the city retains discretion to make or not make the required findings for approval of the base project.
(Ord. 2185, Ord. 2519 §25, Ord. 2600, Ord. 2610)
19.62.050 Affordable Housing Agreement.
Prior to project approval, the applicant shall enter into an affordable housing agreement with the city, to be executed by the city manager without review by the planning commission or city council if the underlying application does not require review and/or approval by those bodies, to the satisfaction of the city attorney guaranteeing the affordability of the rental or ownership units for a minimum of thirty (30) years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shall be recorded in the Butte County recorder's office.
(Ord. 2600)
19.62.060 Design and quality.
Affordable units must be constructed concurrently with market rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units. Parking standards shall be modified as allowable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.
(Ord. 2600)
19.64.010 Purpose.
It is in the public interest to preserve and protect agricultural land and operations within the vicinity of the City. The purposes of this chapter are to:
A. Preserve and protect, for agricultural and appurtenant uses, those lands adjacent to the City’s Sphere of Influence for agricultural use;
B. Support and encourage continued agricultural operations in the vicinity of the City; and
C. Inform prospective purchasers, residents, and tenants of property adjoining or near agricultural operations, of the inherent conflicts associated with the chemicals, dust, light, noise, odors, and traffic that may accompany nearby agricultural operations.
D. Create a buffer between commercial agricultural and urban land uses; and
E. Discourage the imposition of restrictions or regulations which may be detrimental to agricultural operations.
(Ord. 2185, Ord. 2440 §41)
19.64.020 Relationship to nuisance.
A. No existing or future agricultural operation or any of its appurtenances, conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards shall become a nuisance to adjacent land uses when the action was not a nuisance at the time it began. The provisions of this chapter shall not apply whenever a nuisance results from the negligent or improper action of any agricultural operation or its appurtenances.
B. This chapter is not to be construed as modifying existing law relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of these Regulations.
(Ord. 2185.)
19.64.030 Disclosure.
A. Disclosure by Subdivider. The subdivider of any property located within 1,000 feet of land zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, within conditions, covenants, and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following or similar statement:
"The property within this subdivision is located within 1,000 feet of land utilized or zoned for agricultural operations and occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including but not limited to acaricides, fertilizers, fungicides, herbicides, insecticides, predacides, and rodenticides, and from pursuit of agricultural operations, including but not limited to crop protection, cultivation, harvesting, plowing, processing, pruning, shipping, and spraying, which may generate dust, light, noise, odor, smoke, and traffic. The City has adopted policies to encourage and preserve agricultural lands and operations in the vicinity of the City. Occupants of property within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations."
B. Disclosure Prior to Issuance of Building Permits. Where a new structure intended for human occupancy is to be located on property which is located within 1,000 feet of land zoned for agricultural use, each owner of the property shall, prior to issuance of a building permit, be required to sign and record a statement in a form similar to that specified in Subsection A (Disclosure by Subdivider), above. In lieu of signing the statement required above, each owner may submit evidence that the statement in Subsection A, above, has been made a part of subdivision documents creating the parcel on which the structure is to be located.
(Ord. 2185.)
19.64.040 Agricultural Buffers.
A. Applicability. New development that is adjacent to commercial crop production along the City of Chico Sphere of Influence boundary.
B. Buffer Design.
1. Agricultural buffers must provide at least 100 feet of physical separation between the agricultural use and any habitable structure. This separation may include roadways, pedestrian/bicycle routes, and/or creeks or other waterways.
2. Vegetation used for agricultural buffers shall provide a visual, noise, or air quality buffer between uses.
C. Allowed Uses in Buffer Area. Landscaping, trails, gardens, solar arrays, accessory structures including garages and sheds, and open space uses are permitted within the agricultural buffer.
(Ord. 2440 §42)
19.68.010 Purpose.
The purpose of this chapter is to achieve the following:
A. Enhance the aesthetic appearance of all development throughout the City by providing standards related to the quality and functional aspects of landscaping.
B. Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers.
C. Conserve water through the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas.
D. Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety.
E. Assist in mitigating air quality impacts by reducing or absorbing pollutants, especially by preserving existing or adding new trees.
F. Reduce heat absorption and radiation created by large expanses of paving.
(Ord. 2185, 2440 §44)
19.68.020 Applicability.
A. All projects, including additions and facade remodels, except single-family residential, shall provide and maintain landscaping in compliance with the provisions of this chapter. Standards for the provision of landscaping within the public right-of-way in conjunction with a development project are located in Title 18 (Subdivisions).
B. Landscape plans and all plans for the ornamental use of water, including but not limited to lakes, ponds, and fountains, shall be submitted for review for compliance with these requirements. Landscaping shall not be installed until the applicant receives approval of the final landscape plan. Any changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation.
(Ord. 2185.)
19.68.030 Landscape plan requirements.
A. Conceptual Landscape Plan. A conceptual landscape plan shall be submitted as part of any application for a land use entitlement for new development or major redevelopment requiring new landscaping.
B. Final Landscape Package. Following approval of the land use entitlement, a final landscape package shall be submitted as part of the application for a building permit. Landscape plans shall be prepared only by persons authorized by the State of California to prepare such plans.
C. Content. Conceptual landscape plans and final landscape packages shall contain all information specified in the Instructions for Preparing Landscape Plans, provided by the Department.
D. Review and Approval. The Board or the Director, as appropriate, shall review each conceptual landscape plan and final landscape package to verify its compliance with the provisions of this chapter. The Board or Director may approve the submittal in compliance with this chapter, or may disapprove or require changes to a submittal that is not in compliance.
(Ord. 2185, Ord. 2402, 2440 §45, Ord. 2494 §38)
19.68.040 Landscape installation requirements.
Landscaping shall be provided in the locations described in this chapter, in addition to any areas required by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) or Division VI (Traditional Neighborhood Development (TND) Regulations).
A. General Requirements. Landscaping shall be provided as follows:
1. Setbacks. In general, the setback areas required by these Regulations shall be landscaped, except where a required setback is occupied by a sidewalk, driveway or access easement or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purposes of this chapter.
2. Unused Areas. All areas of a building site not intended for a specific use or purpose, including pad sites in shopping centers held for future development, shall be landscaped (may be hydroseeded) unless it is determined by the review authority that landscaping is not necessary to fulfill the purposes of this chapter.
3. Pools and Patios. The surface area of a permanent swimming pool or spa or uncovered patio may be included to meet landscaped open space requirements.
4. Public Right-of-Way. The area between the curb, or curb and sidewalk if contiguous, and the property line shall be landscaped. This area shall not be counted in the overall required percentage of landscaping.
B. Specific Zone Landscaping Requirements. Proposed development and new land uses shall be designed, constructed and maintained with landscaped open space areas of the minimum size shown in Table 5-2, based on the zoning district applicable to the site. Additional landscaping may be required by the Architectural Review Board to provide visual relief or contrast or to screen incompatible or obtrusive features.
Zoning District | Minimum % of Site Area Required to be Landscaped | Zoning District | Minimum % of Site Area Required to be Landscaped
|
Zoning District | Minimum % of Site Area Required to be Landscaped | Zoning District | Minimum % of Site Area Required to be Landscaped
| |
R2 | 40% | CC and CR | 5% | |
R3 | 35% | DN and DS | (1) | |
R4 | 25% | CS | 5% | |
RMU | 10% | ML | 5% | |
OR | 30% | MG | 5% | |
OC | 15% | IOMU | 15%(2) | |
CN | 10% | TND | No minimum area required. | |
Notes:
(1) Opportunities to provide landscaping in the downtown area are limited; therefore, the Board will review each project on a case-by-case basis. When opportunities exist, the Board may require the provision of landscaped open space.
(2) The minimum landscaping requirement may be reduced to ten percent of the site area subject to review and approval by the Board or Planning Commission.
(Ord. 2427 §45, 2440 §46)
(Ord. 2185, Ord. 2358 §14, Ord. 2402, Ord. 2464 §§2, 3, Ord. 2494 §39, Ord. 2610)
19.68.050 Landscape standards.
Landscape areas and materials shall be designed, installed, and maintained as provided by this section.
A. General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans:
1. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned;
2. Landscape planting that emphasizes drought-tolerant and/or native species shall be provided for all adjacent, and unimproved public rights-of-way, including parkway planter strips;
3. Street trees, as specified by the public works department, shall be installed;
4. Landscaping shall be provided throughout parking areas in compliance with Chapter 19.70 (Parking and Loading Standards);
5. Landscaping adjacent to driveways and parking shall be protected from vehicle damage through the provision of minimum 6-inch-high concrete curbs or other types of barriers as approved by the Architectural Review Board or Director; and
6. Plants with similar water needs shall be grouped together in distinct hydrozones.
B. Plant Material Limitations. Plant materials shall be selected and installed to comply with the following requirements:
1. Plant materials shall be provided in the following minimum percentages, and calculations documenting the required mix of plant materials shall be shown on the landscape plan;
2. Plant materials shall emphasize drought-tolerant and/or native species;
a. At least 90 percent of the plants selected in non-turf areas shall be suited to Chico's climate and require minimal water once established. Exceptions to this requirement may be granted in situations where non-potable private well water is used for irrigation purposes; and
b. Up to 10 percent of the plant materials may be of a less drought-tolerant variety as long as they are grouped together and can be irrigated separately.
3. All landscape plantings shall be of sufficient size and intensity so that a finished appearance and plant maturity can be attained in a reasonable time;
4. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and sight distance areas;
5. For projects involving the construction of 25 or more parking stalls, parking lot shade trees shall be a mix of tree species, with no single species representing more than approximately one-third of the total number of parking lot shade trees. Exceptions to this requirement may be approved through site design and architectural review (Chapter 19.18) or by the Director.
6. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters, and other public improvements;
7. Ground cover shall be of live plant material. Gravel, colored rock, walk-on bark, and similar materials shall be used temporarily, in combination with a living groundcover, in all non-turf areas as a mulch to control weeds and conserve or retain water until a living ground cover has achieved full coverage. Non-plant materials may be approved for use in limited areas through the site design and architectural review process (Chapter 19.18); and
8. The combined turf and/or water area, including pools, ponds, and fountains, shall be limited to 25 percent of the irrigated area or 500 square feet, whichever is greater. Public parks, golf courses, public and private school recreation areas, detention or retention areas for water quality, and day care recreation areas are excluded from this turf and/or water area limitation. Exceptions to this requirement may be approved through site design and architectural review (Chapter 19.18).
C. Irrigation. All required landscaped areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas and in compliance with the following:
1. Equipment.
a. Anti-Drain Valves. Integral, under the head, or in-line anti-drain valves shall be installed as needed to prevent low head drainage.
b. Automatic Control Valves. Different hydrozones shall be irrigated by separate valves.
c. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Automatic controllers shall be digital, and have multiple programs, multiple cycles, and sensor input capabilities.
d. Rain Sensor Devices. Rain sensing override devices shall be required where appropriate on all irrigation systems.
e. Soil Moisture Sensors. Soil moisture sensing devices shall be considered where appropriate, such as turf areas.
f. Sprinkler Heads. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, and adjustment capability. Sprinklers shall have matched precipitation/application rates within each control valve circuit.
g. Water Meters. Separate landscape water meters or sub-meters shall be installed for all projects where service includes both landscape and nonlandscape. Landscape sub-meters, if used, shall be purchased, installed, and maintained by the owner.
h. Drip Irrigation. Drip irrigation systems may be approved if commercial or agricultural grade materials are used. All components shall be installed below the soil except for emitters.
2. Runoff and Overspray. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, walks, roadways, or structures.
3. Timing. Automatic irrigation shall be programmed to operate only between the hours of 10:00 p.m. and 8:00 a.m.
D. Installation. All landscape materials and support equipment shown in an approved final landscape package shall be installed on the site as follows:
1. Soil Preparation. In soils known to be compacted or associated with clays, hardpan, or other limiting factors, information regarding the soil preparation and drainage shall be submitted.
2. Installation. All landscape materials and irrigation equipment shall be installed in compliance with the approved plans and specifications prior to issuance of a certificate of occupancy.
3. Delayed Installation. In the event that seasonal conditions prevent the effective installation of required landscape prior to occupancy, a conditional certificate of occupancy and/or a performance bond in the amount equal to 125 percent of the cost of landscape materials and installation may be required, subject to the approval of the planning director.
4. Changes to Design. Any changes to an approved final landscape package shall be approved by the planning director.
E. Maintenance of Landscape. Landscaping shall be maintained consistent with the approved final landscape package and in a manner as to fully attain the objectives, including tree canopy and shading, landscape screening, and buffering. Maintenance of approved landscape installations shall consist of regular watering, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features. Pruning shall be consistent with the ANSI A300 Pruning Standards, prune to thin 1 inch.
(Ord. 2185, Ord. 2364 §392, Ord. 2402, Ord. 2439 §182, Ord. 2440 §47)
19.68.060 Tree preservation measures.
A. Submittal Requirements. Applications for a land use entitlement shall include a tree inventory as set forth in CMC 16.66.070.
B. Tree Protection Measures.
1. As a condition of permit approval, the relocation of trees proposed for removal, or replacement of the removed trees with other trees planted elsewhere on the site, may be required. Replacement trees may be required on a more than one-for-one basis if the replacement trees are smaller than the trees being removed.
2. The Director shall determine during project review which existing trees will require protection during construction. This decision shall be based upon the proximity of construction activity and the location of the trees relative to the structure and other facilities. All trees approved for removal shall be exempt from protection requirements.
3. The natural grade around the dripline of existing trees shall remain undisturbed during and after construction. Where grade changes and/or site improvements are proposed to occur within the dripline, a suitable mitigation plan shall be developed by a certified arborist, landscape architect, or the City Urban Forest Manager. The plan shall protect the tree from excess fill and/or the removal of excess soil from the root zone.
4. Prior to beginning construction, existing trees shall be pruned to remove limbs which may be dead or may become damaged during construction. Pruning shall be performed consistent with ANSI A300 Pruning Standards.
5. A temporary construction fence shall be installed at the dripline or no closer than 20 feet from the tree trunk. The fence shall be substantial enough to restrict activity to outside the area and shall be installed prior to any grading or other construction activity. During construction, maintenance shall be performed so that the fence remains in good repair. Removal of the fence shall only occur to allow approved construction within the area or to complete site landscaping. City Planning staff shall be contacted, prior to commencement of construction, to inspect fencing and to approve any construction within the dripline.
6. Underground facilities and trenches, (e.g., utility services, sanitary sewer, or storm drainage lines) shall be consolidated, to the extent feasible, and located to minimize impacts upon tree root systems. Trenching or underground work should be located outside of the tree dripline. Any trenching required within the tree dripline shall be as far from the tree trunk as possible and shall be excavated using hand tools, pressurized water, or other approved method to minimize impacts on roots. All trenching within the dripline shall be supervised by a certified arborist or the City Urban Forest Manager.
7. Roots 3/4 inches or greater in size encountered during trenching shall be cleanly cut and treated with a sealing agent to reduce loss of moisture to the tree. Roots greater than 1 1/2 inches shall be preserved and protected at the direction of a certified arborist.
8. No staging, storage area for construction, or construction waste shall be located closer than 50 feet to the dripline of any tree to be protected.
9. Site irrigation and landscaping shall be planned with existing trees in mind. Native trees typically respond poorly to irrigation required of most ornamental landscapes. A rock, cobble, or other mulch, or native shrubs and groundcovers, in combination with drip irrigation systems shall be used within the dripline of native trees, particularly native oaks.
(Ord. 2185, Ord. 2494 §40.)
19.68.070 Water efficient landscaping standards.
Projects with new landscape areas installed by a developer of 2,500 square feet or larger in size, and/or homeowner-installed landscapes of 5,000 square feet or larger in size, shall demonstrate compliance with state water efficiency standards by using one of the following methods:
A. Model Water Efficient Landscape Ordinance Method. Projects using this method shall submit a Landscape Documentation Package demonstrating compliance with the revised state Model Water Efficient Landscape Ordinance (MWELO). Project improvements shall be installed and maintained in compliance with an approved Landscape Documentation Package. (The Revised State Model Water Efficient Landscape Ordinance (Cal.Code Regs., tit. 23, §§ 490-495.) is hereby incorporated by reference and shall be used for the administration of this chapter.)
B. General Water Efficient Design Method. Projects using this method shall submit landscape plans and make improvements in compliance with this Title, as well as all of the following water efficient landscape criteria:
1. The plans shall be prepared by a Landscape Architect, certified irrigation designer, or other landscape professional authorized to sign such plans as provided in state law;
2. Turf areas shall comprise less than 10 percent of the total landscape area and are on separate irrigation controls from trees and shrubs;
3. Plant species shall be grouped together in distinct hydrozones and limited to non-invasive species as specified in the most recent Water Use Classification of Landscape Species (WUCOLS), University of California Cooperative Extension, available from the Department of Water Resources;
4. Plant species shall be selected from the "very low," "low" and/or less than 50 percent by hydrozone area "moderate" WUCOLS categories for the Chico region. Species not listed in the WUCOLS may be approved by the Director on a case-by-case basis where the landscape professional can document that the species is appropriate for placement in a qualifying hydrozone;
5. The irrigation system shall be limited to subsurface and surface drip emitters, and less than 10 percent of the landscape area shall be irrigated by sprinklers or other types of overhead spraying;
6. Sprinklers, if used, shall be mounted on swing arm attachments and located more than 24-inches from hardscape;
7. Sprinklers shall be limited to landscape areas that are larger than eight feet in width; and
8. Soil amendments shall be specified for backfill material where existing soils are not comprised of Vina loam, Chico loam, Almendra loam, and/or Conejo clay loam (for example. Foothill areas east of State Route 99 and areas south of Skyway). Post-installation laboratory soil testing may be required to verify that backfill material meets minimum requirements.
(Ord. 2440 §47)
19.70.010 Purpose.
The purpose of these off-street parking and loading standards is to:
A. Provide reasonable requirements to ensure sufficient parking facilities to meet the needs generated by the proposed use;
B. Provide accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking and loading facilities;
C. Expedite traffic movement and reduce congestion;
D. Encourage the use of alternative modes of transportation by providing for adequate and conveniently located bicycle and carpool parking;
E. Improve traffic and pedestrian safety and protect neighborhoods from the effects of vehicular noise and traffic;
F. Ensure access and maneuverability for emergency vehicles;
G. Provide loading and delivery services in proportion to the needs of the proposed use; and
H. Discourage construction of excessive parking.
(Ord. 2442)
19.70.020 Applicability.
Every permanent use, including a change or expansion of use, and structure shall have permanently maintained off-street parking areas in compliance with the provisions of this chapter. Except for single-family dwellings, the design of all off-street parking areas shall be subject to architectural review. A certificate of occupancy shall not be issued for a use or structure until the improvements required by this chapter are satisfactorily completed and ready for use.
(Ord. 2442)
19.70.030 General parking regulations.
A. Deferral of Parking Installation. For non-residential developments of 10,000 square feet or more of gross floor area, the Director may approve deferral of one or more required off-street parking spaces to a future date. The applicant shall demonstrate, to the satisfaction of the Director, that the occupant(s) of the site will not need the required parking spaces and that the area temporarily occupied by landscaping or other aesthetic amenities can, in the future, be used for parking spaces. The Director may impose reasonable conditions, including the recordation of a legal agreement which would provide that the landscaping or other amenity is to be removed by the applicant and the off-street parking spaces are to be installed when they are needed to serve the use(s) on the site.
B. Recreational Vehicle Storage/Parking - Residential Areas. The storage of recreational vehicles and boats in residential zoning districts shall be allowed only in designated off-street parking areas outside the public right-of-way.
(Ord. 2442)
19.70.040 Number of parking spaces required.
Each land use shall provide the minimum number of off-street parking spaces required by this section, except where a different number of spaces is approved through an entitlement process.
A. Expansion of Structure, Change in Use. When the required number of parking spaces is increased by three or more spaces as a result of an expansion of a structure, intensification of use, and/or a change in use, the additional parking spaces shall be provided in compliance with this chapter. Exception: Single-family homes shall retain or provide the required number of parking spaces when a garage or carport is converted to a use other than vehicle parking. However, when a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted into an accessory dwelling unit, replacement of those off-street parking spaces shall not be required.
B. Multiple Uses/Tenants. A site or facility proposed for multiple tenants or uses shall provide the aggregate number of parking spaces required by this section for each separate use; except where a parking reduction is allowed in compliance with Section 19.70.050 (Reduction of off-street parking).
C. Parking Required by Entitlements, Development Agreements, and Specific Plans. Parking requirements established by planned development permits, use permits, development agreements, or specific plans, as established elsewhere in this code, shall supersede the provisions of this section.
D. Uses Not Listed. Land uses not specifically listed by this section shall provide parking as required by the Director or other review authority. In determining appropriate off-street parking requirements, the Director or review authority shall use the requirements of this section as a general guide in determining an acceptable number of off-street parking spaces.
E. Rounding of Quantities. When calculating the number of required parking spaces results in a fraction, the requirement shall be rounded down to the next whole number.
F. Excessive Parking. Off-street parking spaces in excess of these standards create large amounts of impervious surfaces that increase radiant heat and may have a negative aesthetic appearance. Parking spaces which exceed the minimum number of spaces required by more than 35 percent may be administratively approved by the Director when a combination of additional landscaping, pedestrian/bicycle improvements, and/or pervious surfaces are provided above those required by this chapter. The area for off-street parking on any parcel shall not exceed 75 percent of the site area.
G. Parking in the Downtown Parking Area. No parking is required for non-residential uses and projects creating less than 20 new residential units within the Downtown Parking Area. Parking for residential projects creating more than 20 new units within the Downtown Parking Area shall be provided at a rate consistent with Multi-Family housing in a Corridor Opportunity Site overlay zone as set forth in Table 5-4 below, or by land use entitlement. Off-site parking may be allowed consistent with 19.70.060 subsections G and H.
FIGURE 5-9 DOWNTOWN PARKING AREA
H. Parking Requirements by Land Use - Outside of the Downtown Parking Area. The minimum number of parking spaces shall be provided for each use as set forth in Table 5-4; additional spaces may be required through entitlement approval.
(Ord. 2442, Ord. 2494 §41, Ord. 2511, §12, Ord. 2600)
Land Use Type: Manufacturing & Processing | Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Machinery and equipment sales | 1 space for each 625 sq.ft. of gross floor area, plus 1 space for each 2,500 sq.ft. of outdoor sales or service area. | 10% of vehicle spaces. |
Personal or mini-storage | 1 space for an on-site manager/ caretaker, plus 1 space for each 375 sq.ft. of office space, with a minimum of 3 spaces. | 1 space. |
Recycling facilities (other than reverse vending machines and small collection centers) | If the facility is open to the public, an on-site parking and/or queuing area shall be provided for a minimum of 8 vehicles at any one time. | 10% of vehicle spaces. |
1 employee parking space shall be provided on-site for each commercial vehicle operated by the processing center. | 10% of vehicle spaces. | |
Wholesale operations and light manufacturing plants | 1 space for each 1,250 sq.ft. of gross floor area, plus 1 space for each on- site vehicle associated with the use. | 10% of vehicle spaces. |
Warehouses and storage buildings | 1 space for each 1,875 sq.ft. of gross floor area, plus 1 space for each vehicle operated in connection with each on-site use. | 5% of vehicle spaces. |
Land Use Type: Recreation, Education, Public Assembly |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Land Use Type: Recreation, Education, Public Assembly |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Assembly uses, including theaters, meeting halls, and membership organizations, churches and other places of worship, mortuaries, community centers and pavilions | 1 space for each 5 fixed seats or 1 space for each 10 feet of benches, or 1 space for every 42 sq.ft. of gross assembly area, whichever is greater. | 10% of vehicle spaces for places of worship. |
Child day care centers | 1 space for each employee, and adequate drop-off area as approved by the Director. | 10% of vehicle spaces. |
Driving ranges | 1 space per tee; plus clubhouse spaces as required for restaurants, bars, indoor recreation/fitness centers. | 10% of vehicle spaces. |
Fitness gyms/studios with established maximum class size | 1 space for each 2 students of maximum class size. | 20% of vehicle spaces. |
Health/fitness clubs | 1 space for each 125 sq.ft. of workout floor area. | 20% of vehicle spaces. |
Indoor amusement/entertainment | 1 space for each 250 sq.ft. of customer floor area. | 20% of vehicle spaces. |
Libraries, museums, art galleries, post office | 1 space for each 500 sq.ft. of gross floor area plus 1 space per official vehicle. | 10% of vehicle spaces. |
Pool and billiard rooms | 2 spaces per game table, plus adequate space for ancillary uses. | 10% of vehicle spaces. |
Outdoor commercial recreation | Determined by use permit. | |
Schools (public and private) Elementary/Junior High | 1 space for each employee plus 1 space for each classroom, or 1 space for every 42 sq.ft. of gross auditorium assembly area, whichever is greater (1) | 1 space for every 4 students. |
High School | 1 space for each employee plus 1 space for every 4 students. (1) | |
Private College | 1 space for every 2 full-time students (part-time students included as equivalents). | |
Commercial trade or business schools | 1 space for every 200 sq.ft. of gross classroom floor area. | 10% of vehicle spaces. |
Specialized Education/Training | 1 space for each 2 students. | 10% of vehicle spaces. |
Tennis/racquetball/handball or other courts | 2 spaces per court, plus as required for ancillary uses. | 10% of vehicle spaces. |
Notes:
(1) Elementary and high schools must provide an adequate student drop-off area as approved by the Director.
Land Use Type: Residential Uses |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Land Use Type: Residential Uses |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Dormitories, fraternities, sororities, and rooming/boarding houses | 1 space per 2 beds; minimum 4 spaces if located within a single-family residence. | 1 space per bedroom. |
Dwelling units located on flag lots, streets, or alleys without on-street parking | 1 additional space per dwelling unit shall be provided. | 1 space per unit, except that none is required for single-family dwellings. |
Dwelling units located on corner parcels with on-street parking on both frontages | Number of required spaces may be reduced by 1 space; no less than 1 space shall be provided. | 1 space per unit, except that none is required for single-family dwellings. |
Emergency shelter | 1 space for each employee. | None required. |
Large family day care homes | In addition to the required residential spaces, 1 space for each employee and one space for drop off and pickup. | None required. |
Mobile homes (in mobile home parks) | 2 spaces per mobile home. | Determined by use permit. |
Multi-family housing | Studio unit - 0.75 spaces per unit. | 1 space per unit. |
1 bedroom units - 1.25 spaces per unit. | ||
2 bedroom units - 1.75 spaces per unit. | ||
3 bedrooms or more - 2 spaces per unit. | ||
Guest parking - 1 space per each 5 units. | 1 space per 10 units. | |
Mixed-use developments | Determined by entitlement. | Determined by entitlement. |
Multi-family housing in a Corridor Opportunity Site overlay zone | Studio unit - 0.75 space per unit. | 1 space per unit. |
1 bedroom units - 1 space per unit. | ||
2 bedrooms or more - 1.5 spaces per unit. | ||
Senior housing projects | 1 space per 2 dwelling units; half the spaces shall be covered. | 5% of vehicle spaces. |
Single-family housing | 2 spaces per unit, as adjusted up or down by this table. | None required. |
Single-room occupancies and specific one-bedroom apartment units | 1 space per unit. | 20% of vehicle spaces. |
Studio apartments or single-room occupancies, designated for low or very low income households, restricted to these households for at least 30 years and located within 500 feet of an existing public transit route and/or commercial facilities supporting residential use | 1 space per 2 dwelling units. | 20% of vehicle spaces. |
Land Use Type: Retail Trade |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Land Use Type: Retail Trade |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Auto, mobile home, vehicle machinery and parts sales | 1 space for each 625 sq.ft. of gross floor area, plus 1 space for each 2,500 sq.ft. of outdoor display, sales, service area, plus 1 space for each 375 sq.ft. of gross floor area for the parts department. | 5% of vehicle spaces. |
Banks and financial services | 1 space for each 375 sq.ft. of gross floor area. | 10% of vehicle spaces. |
Drug stores/pharmacies, 20,000 sq. ft. or less | 1 space for each 375 sq.ft. of gross floor area. | 10% of vehicle spaces. |
Furniture, furnishings, appliances, and home equipment stores (with large showrooms) | 1 space for each 750 sq.ft. of gross floor area and 1 space for each company vehicle. | 5% of vehicle spaces. |
Plant nurseries | 1 space for each 375 sq.ft. of indoor display area, plus 1 space for each 1,250 sq.ft. of outdoor display area. | 5% of vehicle spaces. |
Restaurants, cafés, bars, and other eating/drinking places | 1 space for each 5 seats or 1 space for each 94 sq.ft. of customer floor area, including outside dining, whichever is greater. | 10% of vehicle spaces. |
Retail stores General merchandise | 1 space for each 250 sq.ft. of gross floor area and 1 space for each company vehicle. | 5% of vehicle spaces. |
Warehouse retail | 1 space for each 250 sq.ft. of gross floor area and 1 space for each company vehicle. | |
Shopping centers (shall use an unsegregated parking area) | 1 space for each 250 sq.ft. of gross floor area for centers up to 30,000 sq.ft. and 1 space for each additional 375 sq.ft. of gross floor area greater than 30,000 sq.ft. | 10% of vehicle spaces. |
Land Use Type: Service Uses |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Land Use Type: Service Uses |
Vehicle Spaces Required | Bicycle Spaces Required (Minimum of 1 space) |
Bed and breakfast inns | 1 space for each guest room, in addition to the required parking for the residential use. | 1 space. |
Depots; air, bus, freight, or rail | Determined by use permit. | Determined by use permit. |
Gas stations | 1 space for each 250 sq.ft. of non- service floor area; plus 3 spaces for each service bay. | 5% of vehicle spaces. |
Hotels and motels | 1 space for each guest room and required spaces to accommodate ancillary uses. | 5% of vehicle spaces. |
Kennels and animal boarding | 1 space for each employee, plus 1 space for each 625 sq.ft. of gross floor area. | 5% of vehicle spaces. |
Medical/dental offices | 1 space for each 250 sq.ft. of gross floor area. | 10% of vehicle spaces. |
Extended care (elderly, skilled nursing facilities, and residential care homes) | 1 space for each 4 beds the facility is licensed to accommodate. | |
Hospitals | 1 space for each patient bed the facility is licensed to accommodate, plus required spaces for ancillary uses as determined by the Commission. | |
Medical/dental labs and clinics | 1 space for each 375 sq.ft. of gross floor area. | |
Offices: administrative, corporate, industrial | 1 space for each 375 sq.ft. of gross floor area. | 10% of vehicle spaces. |
Personal services Barber/beauty shops (and other personal services: tattoo studios, massage therapy, and body piercing) | 1 space for each employee and 1 space for each service chair. | 10% of vehicle spaces. |
Laundromats | 1 space for every 4 washing machines. | 5% of vehicle spaces. |
Repair and maintenance - vehicle Customer waiting service | 3 spaces per service bay plus adequate queuing lanes. | 1 space. |
Repair garage | 1 space for each 625 sq.ft. of gross floor area, plus 1 space for each 2,500 sq.ft. of outdoor service area, plus 1 space for each 375 sq.ft. of gross floor area for the parts department plus adequate queuing lanes. | 1 space. |
Self-service vehicle washing | 2 spaces per washing stall, for queuing and drying. | None required. |
Full-service vehicle washing | 10 spaces, plus adequate queuing and drying area. | 1 space. |
Laboratories and research/development facilities | 1 space for each 375 sq.ft. of gross floor area. | 10% of vehicle spaces. |
Veterinary clinics and hospitals | 1 space per 250 sq.ft. of gross floor area. | 5% of vehicle spaces. |
(Ord. 2494 §41, Ord. 2511, §12, Ord. 2549, §8, Ord. 2600)
19.70.050 Reduction of off-street parking.
A. The minimum number of off-street parking spaces may be reduced as part of an entitlement approval or through subsequent approval of an administrative use permit. Applicants proposing a parking reduction shall provide documentation, including quantitative analysis, that justifies the proposed number of parking spaces based on the site and proposed land use(s). A reduction of off-street parking pursuant to this section may be allowed only if both of the following findings can be made:
1. The project site meets one of the following:
a. The site is zoned RMU or has a -COS overlay zone;
b. The site is located within an area of mixed-use development;
c. The project will implement sufficient vehicle trip reduction measures (such as vehicles loan programs and transit passes) to offset the reduction; or
d. The area is served by public transit, bicycle facilities, or has other features which encourage pedestrian access.
2. The proposed parking reduction is not likely to overburden public parking supplies in the project vicinity.
B. Non-Residential Shared Parking Reduction. Non-residential parking facilities may be shared if multiple uses on the same site cooperatively operate the facilities and if some uses generate parking demands primarily when other uses are not in operation. For example, where one use operates during evenings or weekdays only, or where patrons are likely to visit more than one use on a single trip. The applicant shall provide documentation, including a shared parking use analysis, to the satisfaction of the Director, justifying the requested shared parking reduction. Shared parking may be approved only if:
1. The number of spaces provided will meet the greatest parking demand of any participating use; and
2. Evidence, as deemed satisfactory by the Director, has been submitted by the parties operating the shared parking facility. The evidence shall describe the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them; and
3. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Director and approved by the City Attorney, are executed to ensure that the parking spaces provided are maintained and used as approved for the life of the non-residential development.
(Ord. 2442, Ord. 2494 §42, Ord. 2519 §27, Ord. 2600)
19.70.060 Design and development standards for off-street parking.
Off-street parking areas shall generally be provided outside of any public right-of-way in the following manner:
A. Access. Access to off-street parking areas shall be provided in the following manner:
1. Parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. Single-family homes and duplexes which gain access from local streets are exempt from this requirement and the Director may approve exceptions for other residential projects; and
2. A minimum unobstructed clearance height of 7 feet 6 inches shall be maintained above all areas accessible to vehicles.
B. Location. Off-street parking areas shall be located in the following manner:
1. In order to minimize the visual impact of vehicles, the parking areas other than single-family residential shall be located to the rear or side of the parcel, or appropriately screened from public views if located along the street frontages. The parking areas shall not be located within a sight distance area.
2. Uncovered off-street parking for single-family and duplex uses in residential zoning districts may be located in the setback areas only on an approved all-weather surface and not within front or street side yard landscaped areas.
3. Off-street parking for all uses outside the downtown area, except for single-family dwellings and duplexes, shall be located at least 10 feet behind the front and street-side property lines. The area between the parking area and the property line(s) shall be fully landscaped, except for point of access, and this landscaped area shall not be counted as meeting the minimum 5 percent interior landscape requirement.
4. Off-street parking in the DN, DS, RMU, and -COS zoning districts shall be located at least 5 feet behind the front and street-side property lines. The area between the parking area and the property lines shall be fully landscaped, except for point of access, and this landscaped area shall be counted as meeting the minimum 5 percent interior landscape requirement.
C. Parking Lot and Space Dimensions:
1. General Requirements. Minimum parking dimensions shall be as indicated in the following Table 5-5 and as illustrated by Figure 5-10.
Minimum Parking Stall Dimensions | |||||
Standard Stall | Compact Stall | Parallel Parking | |||
Length | Width | Length | Width | Length | Width |
20 feet, or 18 feet (1) | 9 feet | 16 feet, or 14 feet (1) | 8 feet | 22 feet | 9 feet |
Notes:
(1) A maximum of 2 feet of the parking stall depth may coincide with sidewalk that is a minimum of six feet wide or landscape planters with low-growth, hearty materials.
One-Way Traffic and Single-Loaded Aisles
| |||
Parking angle (degrees)
| Stall depth, with bumper overhang
| Aisle width (travel lane)
| Total bay depth
|
30 | 17 feet | 13 feet (1) | 30 feet |
45 | 19 feet | 13 feet (1) | 32 feet |
60 | 20 feet | 16 feet (1) | 36 feet |
75 | 20 feet | 20 feet (1) | 40 feet |
90 | 20 feet | 24 feet (1) | 44 feet
|
Notes:
(1) Aisle width may be 12 feet, where no adjacent angled parking exists.
One-Way Traffic and Double-Loaded Aisles
| |||
Parking angle (degrees)
| Stall depth, with bumper overhang
| Aisle width (travel lane)
| Total bay depth
|
30 | 18 feet | 13 feet (1) | 49 feet |
45 | 19 feet | 13 feet (1) | 51 feet |
60 | 20 feet | 16 feet (1) | 56 feet |
75 | 20 feet | 20 feet (1) | 60 feet |
90 | 20 feet | 24 feet (1) | 64 feet
|
Notes:
(1) Aisle width may be 12 feet, where no adjacent angled parking exists.
Two-Way Traffic and Double-Loaded Aisles
| |||
Parking angle (degrees)
| Stall depth, with bumper overhang
| Aisle width (travel lane)
| Total bay depth
|
30 | 18 feet | 24 feet (1) | 60 feet |
45 | 19 feet | 24 feet (1) | 62 feet |
60 | 20 feet | 24 feet (1) | 64 feet |
75 | 20 feet | 24 feet (1) | 64 feet |
90 | 20 feet | 24 feet (1) | 64 feet
|
Notes:
(1) Aisle width may be 20 feet, where no adjacent angled parking exists.
2. Compact Parking Spaces. When two or more off-street parking spaces are required by this chapter, up to one-half of the parking spaces proposed for a residential project may be compact spaces. Up to one-third of the spaces proposed for a non-residential project may be compact spaces. Each compact space shall be clearly marked as “compact.”
3. Dimensions for Private Garages. A minimum unobstructed inside dimension of 10 feet by 20 feet shall be maintained for a private one-car garage. A minimum unobstructed inside dimension of 20 feet by 20 feet shall be maintained for a private two-car garage, except that when one of the two spaces may be a compact space, water heaters, laundry facilities, shelves, and other fixtures commonly located in garages may project up to four feet into one of the two spaces so as to reduce its length to a minimum of 16 feet.
D. Drainage. All off-street parking/loading areas shall be designed and constructed:
1. So that surface water will not drain over any sidewalk or adjacent parcels. Drainage from a site to a street across a driveway may be approved; and
2. In compliance with the stormwater quality and quantity standards and the City’s Best Management Practices.
E. Landscaping. Landscaping shall be provided for all parking areas, as follows and as shown on Figure 5-11, unless otherwise specified in this chapter:
1. Area of Landscaping Required. Landscaping shall be provided in all buffer areas between property lines and the off-street parking areas, to properly screen vehicles from view and minimize the expansive appearance of these areas. A minimum of 5 percent of the total interior off-street parking area shall be landscaped, unless the review authority finds that a lesser or greater percentage would be compatible with the surrounding area.
Any landscaped buffer area required by these Regulations, along the perimeter of the parking areas, shall not be counted as meeting the minimum 5 percent interior landscape requirement. The total interior off-street parking area shall be computed by adding all areas used for access drives, aisles, stalls, and maneuvering within that portion of the site that is devoted to parking and circulation, excluding entrance drives.
2. Area of Shading Required. Trees shall be planted and maintained in planters or landscaped areas so that at tree maturity, 15 years, at least 50 percent of the total paving area, not including the entrance drives as depicted in Figure 5-11, parking areas under carports, or multi-story parking structures, shall be shaded at solar noon on June 21. This shading requirement shall not apply to the development of single family residences. On sites with compacted or poor soils and/or drainage, additional installation measures such as, but not limited to, soil amendments and over-excavation of planting holes, shall be required to ensure that the shading standard can be reached. Active solar arrays may be used in part to meet the shading requirement if approved in conformance with Chapter 19.18 (Site Design and Architectural Review).
a. Calculations. Shaded parking lot area is determined by using an appropriate percentage of crown square footages as indicated in the Sunset Western Garden Book. Overlapping canopies shall not count towards the calculation number.
b. Calculation Table. Landscape shading plans shall include a table that includes the following information:
(1) Botanical name and common names of trees;
(2) Total square feet of shade assumed for each tree;
(3) Total parking lot area to be shaded; and
(4) Total shade provided.
c. Shade Square Foot Bonuses: Trees planted on the western perimeter of parking lots and in linear planters with a minimum width of six feet and a minimum length of 36 feet shall receive a 10 percent square foot shade bonus for each tree canopy.
d. Exceptions. Exceptions from the fifty percent shading requirement may be made under extraordinary circumstances where project design or site conditions preclude attainment of the standard. Such a deviation from the standard shall be supported by a finding that the project has been demonstrated to be of greater quality or community benefit than might occur with a conventional development proposal.
3. Perimeter Landscaping:
a. Adjacent to Streets. Parking areas, for other than single family residential and residential duplex uses, adjoining a public right-of-way shall be designed to provide a landscaped planting strip between the right-of way and parking area a minimum of 5 feet in depth in the DN, DS, RMU and -COS zoning districts, and a minimum of 10 feet in all other zoning districts. Any planting, sign, or other structure within a sight distance area of a driveway shall not exceed 36 inches in height, with the exception of street trees.
b. Adjacent to Residential Use. When a parcel is developed with three or more dwelling units, parking located in a rear or interior side yard adjoining any parcel in the RS or R1 zoning district shall be set back at least 6 feet from the common property line, with a landscaped planter as a buffer. Parking areas for non-residential uses adjoining residential uses shall be designed to provide a landscaped planter with a minimum 10-foot width between the parking area and the common property line bordering the residential use. A fence or wall shall be constructed along the property line, in compliance with Subsection J (Screening), below. These requirements shall not apply to a property line in common with an alley.
4. Interior Landscaping:
a. Planter Strips Between Parking Aisles. Planter strips and islands shall be, at a minimum, 6 feet wide, measured inside the curbing, in an amount to fulfill the 50 percent shading and parking landscaping requirement. Adequate pedestrian paths shall be provided throughout the landscaped areas. Clustering of trees may be approved by the Director or review authority.
b. Areas Not Used for Parking. Areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks shall be landscaped and permanently maintained.
5. Curbing, Irrigation. All areas containing plant materials shall be bordered by a concrete curb at least 6 inches high and 6 inches wide and provided with an approved automatic irrigation system. An alternative barrier design to protect landscaped from vehicle damage may be approved by the Director.
6. Landscaping of additional required parking area. When the required number of parking spaces is increased by three or more spaces as a result of an expansion of a structure, intensification of use, and/or a change in use, landscaping shall be provided for the additional required parking area in compliance with this chapter.
F. Lighting. Multi-family residential, commercial, and industrial parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structures. Any illumination, including security lighting, shall be shielded and directed downward, away from adjacent properties and public rights-of-way in compliance with Section 19.60.050 (Exterior lighting). See Figure 5-12.
G. On-Site Location Required. On-Site Location Required. All parking spaces shall be located on the same parcel as the main use or structure unless granted an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits) and Subsection H (Off-Site Location Requirements), below.
H. Off-Site Location Requirements. The following requirements shall apply to providing off-street parking at an off-site location:
1. A portion or all of the required off-street spaces, including required access, may be located on any parcel within 500 feet of the site;
2. The approval shall be based on accessibility to the main use or structure, and the use and development of the neighboring parcel(s);
3. The applicant shall provide evidence, as deemed satisfactory by the Zoning Administrator, that a suitable long-term lease or other binding agreement can be executed and recorded which would guarantee that the parcel containing the main use or structure has an irrevocable right to utilize the identified parcel for parking; and
4. This provision shall not apply where joint use parking and/or access are included as part of a subdivision approval.
I. Residential Guest Parking. Guest parking in residential zoning districts shall be so designated and restricted, with appropriate signs/pavement markings, for the exclusive use of the guests.
J. Screening. Multi-family, commercial, manufacturing, and public parking areas abutting residentially zoned parcels shall have a wood fence or decorative masonry wall, not less than 6 feet high, to properly screen the parking areas, subject to approval by the Director. The Director may waive or modify this requirement to protect the views of adjacent residences. Wall treatments shall occur on both sides.
K. Striping and Marking. Parking stalls shall be identified by stripes of paint, or other durable striping material specified and approved by the Director, on the parking lot surface. Double stripes may be used. Parallel spaces shall be marked with single lines.
L. Surfacing. All off-street parking areas, including driveways and maneuvering areas, shall be paved with all-weather surfacing and provided with storm drainage facilities subject to the approval of the public works director. All-weather surfacing shall be portland cement concrete, asphaltic concrete, or double chip seal. Porous surface materials which may reduce stormwater runoff may be used subject to review and approval of the public works director.
M. Tandem Parking. Tandem parking may be allowed to satisfy off-street parking requirements for single-family dwellings or duplexes located on local residential streets or private streets. Tandem parking may be allowed to satisfy off-street parking requirements for multi-family dwellings only when the required maneuvering area is entirely on-site and vehicles are able to exit the property in a forward direction, subject to review authority approval.
N. Wheel Stops/Curbing. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided for all parking spaces located adjacent to fences, walls, property lines, and structures. All parking lots shall have curbing around all parking areas and aisle planters in compliance with Subsection E (Landscaping), above. Individual wheel stops may be used in lieu of continuous curbing when the parking stall is adjacent to a landscaped area and the drainage is directed to the landscaped area. Wheel stops shall be maintained to provide protection of landscaped areas and structures.
(Ord. 2442, Ord. 2494 §43, Ord. 2519 §28, Ord. 2610)
19.70.070 Driveways and site access.
Driveways providing access to off-street parking spaces shall be from an improved street, alley or other right-of-way, and shall be designed, constructed, and maintained as follows:
A. Number of Access Points. One driveway access for each ownership shall be allowed unless the public works director determines that more than one access is required to handle traffic volumes or specific designs, including residential circular driveways. Additional access shall not be allowed if it is determined to be detrimental to traffic flow and the safety of adjacent public streets. Whenever a property has access to more than one road, access shall be generally limited to the lowest volume road where the impact of a new access will be minimized. Construction of access from private property to a public street shall require an encroachment permit in compliance with Chapter 14.08 of the Municipal Code.
B. Adjacent Site Access. Applicants for non-residential developments should be encouraged to provide cross-access to adjacent non-residential properties for convenience, safety, and efficient circulation of motor vehicles.
C. Location of Access.
1. Distance From Street Intersections. No portion of a driveway access shall be allowed within curb returns. The edge of the access shall be more than 10 feet from the end of curb return for single-family residential developments. For all other developments, this distance shall be more than 100 feet. Where the parcel size does not permit the access to be located 100 feet from the end of curb return, the access shall be located the maximum distance possible from the end of the curb return, subject to the approval of the public works director. This distance does not include the 3-foot transition or wing sections on each side of the driveway. Access in proximity to a controlled intersection shall be subject to the approval of the public works director.
2. Driveway Spacing. Driveways shall be separated at the street frontage as follows:
a. Single-Family and Duplex Residential Development. Where two or more driveways serve adjacent single-family or duplex residential parcels, the nearest points of the two driveways shall be separated by at least 6 feet, unless a shared, single driveway is approved by the Director. The 6-foot separation does not include the 3-foot transition or wing sections on each side of the driveway.
b. Multi-Family and Non-Residential Development. Where two or more driveways serve the same or adjacent multi-family or non-residential development, the centerlines of accesses shall be separated by at least 200 feet on streets with design speeds at or below 30 mph and 300 feet on streets with design speeds above 30 mph. Any exception to these standards shall be subject to the approval of the public works director.
c. Corner and Double Frontage Parcels. For corner and double frontage residential parcels, other than single-family and duplex residential, one access on each frontage may be allowed if it is determined by the public works director that two driveways are needed to provide safe access for traffic entering and leaving the parcel because of sight distance and geometric design considerations.
3. Driveway Alignments - Commercial Development. Where commercial parcels are not large enough to allow accesses on opposite sides of the street to be aligned, the center of driveways not in alignment shall be offset a minimum of 150 feet on all collector roads, and 300 feet on all major and arterial roads. Greater distances may be required, if needed, for left-turn storage lanes. Exceptions to these standards shall be subject to the approval of the public works director.
D. Driveway Width and Length.
1. Residential zoning districts. Driveway dimensions in the residential zoning districts shall be consistent with Title 18R (Design Criteria and Improvement Standards). The minimum length of a single-family driveway shall be 20 feet to permit a vehicle to park in the driveway without blocking the sidewalk. Where access to a garage, carport, or open parking space is perpendicular (90 degrees) to the driveway, a minimum 24-foot deep unobstructed back-out area shall be provided.
2. Commercial and Manufacturing Zoning Districts. Driveway dimensions shall be consistent with Title 18R (Design Criteria and Improvement Standards).
E. Clearance from Appurtenances. The nearest edge of any driveway curb cut shall be at least 3 feet from the nearest property line, except where the review authority has approved a shared driveway between two parcels, the centerline of a fire hydrant, utility pole, drop inlet, and/or appurtenances, traffic signal installations, light standards, or other facilities. The nearest edge of any driveway shall also be at least 5 feet from the nearest projection of this type of installation.
F. Sight Distance at Driveways. At least 150 feet of clear sight distance shall be provided for all access onto local streets, 250 feet for collector streets, and 450 feet for arterial streets, or as approved by the public works director.
G. Fire Department Access. For multi-family residential and non-residential development, minimum clear turning radii shall be provided within parking lot and access aisles for Fire Department vehicles.
H. Signs. All exits from parking lots shall be provided with adequate traffic control as approved by the public works director.
(Ord. 2442, Ord. 2494 §44, Ord. 2519 §29)
19.70.080 Bicycle parking and support facilities.
Bicycle parking facilities, showers, and lockers shall be provided in the following manner:
A. Applicability. Bicycle parking shall be provided for all residential uses, except for single family residences which are detached and/or do not share common open space areas, as well as all commercial, service, manufacturing and industrial uses. These include structures owned by the City and used for governmental purposes. The minimum number of bicycle spaces required is determined by Table 5-4 (Parking Requirements). Associated bicycle facilities, including showers and lockers, are addressed in Subsection C (Shower and Locker Facilities), below.
B. Bicycle Parking Design and Devices. Bicycle parking areas shall be designed and provided in the following manner:
1. Parking Equipment. Each bicycle parking space shall include a stationary parking device to adequately support and secure the bicycle. Covered bicycle parking shall be provided for at least one-half of the minimum number of required bicycle spaces for multi-family, commercial and industrial uses where 10 or more bicycle parking spaces are required. The method of covering the bicycle spaces shall be subject to review pursuant to Chapter 19.18 (Site Design and Architectural Review).
2. Parking Layout:
a. Aisles. Aisles providing access to bicycle parking spaces shall be at least 5 feet in width and of sufficient height to provide reasonable access.
b. Spaces. Each bicycle space shall be a minimum of 2 feet in width and 6 feet in length.
c. Relationship to Structure Entrances. Bicycle spaces shall be conveniently located and generally within proximity to the main entrance of a structure.
d. Relationship to Motor Vehicle Parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least 5 feet of open area, marked to prohibit motor vehicle parking.
C. Shower and Locker Facilities. The minimum number of required vehicle parking spaces may be reduced by 5 percent if shower and locker facilities are provided.
1. Required Shower Facilities. Shower facilities shall be provided as required in Table 5-6.
2. Required Locker Facilities. Lockers for personal effects shall be located near required showers and dressing areas.
(Ord. 2442)
Type of Land Use | Number of Showers for Specified Building Floor Area | |
1 Shower for Each Gender | 1 Additional Shower for Each Gender | |
Office Uses (government, business, professional) | 50,000 to 150,000 sq.ft. | Each 100,000 sq.ft. over 150,000 |
Retail Trade, Service Uses | 100,000 to 300,000 sq.ft. | Each 200,000 sq.ft. over 300,000 |
Manufacturing Uses | 50,000 sq.ft. to 150,000 sq.ft. | Each 100,000 sq.ft. over 150,000 |
19.70.090 Off-street loading space requirements.
A. Number of Loading Spaces Required. Unless modified by a use permit, off-street freight and equipment loading spaces shall be provided for all non-residential uses, except hotels and motels, as shown in Table 5-7.
Type of Land Use | Total Gross Floor Area | Loading Spaces Required |
Commercial, manufacturing, institutional, and service uses | 10,000 to 35,000 sq.ft. | 1 |
35,001+ sq.ft. | 1 for each 35,000 sq.ft., plus additional as required by Director | |
Funeral homes and mortuaries | A suitable facility for loading and unloading, subject to the approval of the Director. | |
Office uses | 10,000 to 35,000 sq.ft. | 1 |
35,001+ sq.ft. | 1 for each 35,000 sq.ft., plus additional as required by Director | |
B. Development Standards for Off-Street Loading. All new off-street loading areas shall be provided in the following manner:
1. Dimensions. Required freight and equipment loading spaces shall be not less than 15 feet in width for side loading and unloading applications, or 12 feet in width for rear-only loading and unloading applications.
2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the structures. Any illumination, including security lighting, shall be shielded and directed away from adjacent parcels and public rights-of-way in compliance with Section 19.60.050 (Exterior lighting).
3. Loading Doors and Gates. Loading bays and roll-up doors shall be painted to coordinate with the exterior structure walls and be located on the rear of the structure only. Bays and doors may be located on the side of a structure, away from a street frontage, where the Director determines that the bays, doors, and related trucks will be adequately screened from public view from any street or public right-of-way.
4. Loading Ramps. All plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead and adjacent wall clearances, and designed for adequate drainage.
5. Location. Loading spaces shall be located and designed as follows:
a. Next to, or as close as possible to, the main structure, and limited to the rear two-thirds of the parcel, if feasible;
b. Situated to ensure that the loading facility is adequately screened and not visible from any major public rights-of-way;
c. Situated to ensure that all loading and unloading takes place on-site, and in no case within adjacent public rights-of-way, or other traffic areas on-site;
d. Situated to ensure that all vehicular maneuvers occur on-site; and
e. Situated to avoid adverse noise impacts upon neighboring residential properties, in compliance with City noise regulations contained in Section 19.60.080 (Noise).
6. Screening. All loading areas abutting residentially zoned parcels shall have at least a 6-foot-high solid, architecturally treated, decorative masonry wall and landscaping, subject to architectural review or entitlement approval, to properly screen the loading areas. All wall treatments shall occur on both sides.
7. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained in a clear and visible manner at all times.
(Ord. 2442, Ord. 2494 §45)
19.72.010 Purpose.
Deleted.
(Ord. 2185; 2382 §10)
19.72.020 Applicability.
Deleted.
(Ord. 2185; 2382 §10)
19.72.030 Development standards.
Deleted.
(Ord. 2185; 2382 §10)
19.74.010 Purpose.
The purpose of this chapter is to provide minimum standards to safeguard life, health, property, and public welfare, and to preserve the character of the City by regulating the size, height, design, quality of materials, construction, location, lighting, and maintenance of all signs and sign structures not enclosed within a building, to accomplish the following:
A. To protect and enhance the character of residential neighborhoods and business areas, open views and vistas, and property values by prohibiting obtrusive and incompatible signs;
B. To provide a reasonable and comprehensive system of sign controls;
C. To encourage signs which are well-designed, balanced, and pleasing in appearance, and to provide incentive and latitude for variety, good design relationship, spacing, and location;
D. To encourage a desirable urban character while minimizing clutter and while recognizing the need for signs as a major form of communication;
E. To provide for fair and equal treatment of sign users;
F. To provide for a reasonable period of time for the elimination of nonconforming signs;
G. To promote public safety by providing that official traffic regulation devices be easily visible and free from any nearby visual obstructions, including blinking signs, excessive number of signs, or signs that in any way resemble official signs;
H. To eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages;
I. To generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs while also providing adequate channels of communication to the public;
J. To allow the communication of information for both commercial and non-commercial purposes without regulating the content of non-commercial messages;
K. To allow the expression of political, religious, and other non-commercial speech at all times;
L. To protect the investment in property made by persons who choose to live, work or conduct business within the City;
M. To maintain the peace and tranquility of residential zones and neighborhoods by generally forbidding commercial signs at private residences while allowing residents the opportunity, within reasonable limits, to express political, religious, and other non- commercial messages from their homes; and
N. To accommodate the need for signs to direct members of the public to various destinations and places, activities, and uses, in order to provide for maximum public convenience.
Ord. 2443
19.74.020 Applicability.
A. The sign standards provided in this chapter are intended to apply to signs in every zoning district in the City except the TND Zoning District. Signs in the TND Zoning District are regulated by Chapter 19.92. Only signs authorized by this chapter shall be allowed in the zoning districts indicated unless otherwise expressly provided in this chapter.
B. If a new zoning district is created after the enactment of this chapter, the Director shall have the authority to make determinations as to the applicability of appropriate sign regulations in compliance with Chapter 19.02 (Interpretation of Regulations) until this chapter is amended to govern the new zoning district.
C. Signs shall be considered during the City's site design and architectural review process (Chapter 19.18) to ensure that all signs are well-designed, compatible with their surroundings, and do not detract from the overall visual quality of the City.
Ord. 2443
19.74.030 General Provisions.
A. Owner’s Consent Required. The consent of the property owner is required before any sign may be displayed on any real or personal property within the City. In the case of public property, the owner’s consent shall be pursuant to a policy adopted by the City Council.
B. Substitution of Noncommercial Message. Subject to the owner’s consent, a non- commercial message of any type may be substituted for all or part of the commercial or non-commercial message on any sign allowed pursuant to this chapter. Design criteria which may apply to commercial signs, such as color, lettering style or height, and compatibility with other signs on the same parcel or other signs subject to a sign program, do not apply to noncommercial signs even when they are in an area subject to a sign program, master plan or specific plan. No special or additional permit is required to substitute a non-commercial message for any other message on an allowable sign, provided the sign is already permitted or exempt from the permit requirement. When a non-commercial message is substituted for any other message, the sign is still subject to the same location and structure regulations, such as size, height, illumination, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other non-commercial message. This substitution provision shall prevail over any other provision to the contrary, whether more specific or not, in this chapter and applies retroactively to sign programs, master plans and specific plans which were adopted or approved before this chapter was enacted.
C. Substitution of Commercial Messages. This substitution provision does not automatically allow substitution of one commercial message for another commercial message, nor does it automatically allow free substitution of a commercial message in a place where only a noncommercial message is allowed. Such substitutions, however, may be allowed by other provisions of this chapter. This provision does not, by itself, allow off-site commercial messages to be substituted for on-site commercial messages, however, such substitution may also be allowed by other provisions of this chapter.
D. On-Site and Off-Site Distinction. All distinctions between on-site and off-site signs in this chapter apply only to commercial messages. All such distinctions do not apply to non-commercial messages.
E. Classification of Sign Type and Purpose. Unless otherwise allowed by state or federal law, all references to the specific function, content, or typical uses of an on-site commercial sign are non-binding and shall be deemed directory rather than mandatory.
F. Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that if it had been made aware of any invalid provision(s) in this chapter, it would have approved and adopted the remaining provisions and that it desires for all valid provisions to remain in full force and effect.
Ord. 2443
19.74.040 Definitions.
The following are definitions of specialized terms and phrases used in this chapter. The definitions are organized in alphabetical order.
Abandoned Sign. Any sign (a) located on property that becomes vacant or unoccupied, (b) which pertains to any occupant or business unrelated to the premises' present occupant or business, or (c) which pertains to a time, event or purpose which no longer applies or exists.
Alteration. Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
Anchor tenant. Within a multi-tenant development, up to three tenants that occupy the greatest amount of floor area.
Animated or Moving Sign. Any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
Area of a Sign. See "Sign Area."
Awning Sign. Any sign copy or logo attached to or painted on an awning.
Banner, Flag, or Pennant. Any cloth, bunting, plastic, paper, or similar non-rigid material used for signage.
Bench Sign. Copy painted on any portion of a bench.
Blade Sign. A sign oriented perpendicular to the face of the building, typically hung beneath an awning or canopy.
Building/Structure Frontage. That building elevation which fronts on a public street, public parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available.
Business Frontage. That portion of a building frontage occupied by a single business tenant having a public entrance within the building frontage.
Business Identification Sign. A commercial sign, either wall-mounted or ground- mounted, identifying a use, facility, service, or product which is located, sold, or manufactured on the same premises as the sign. Typically used to identify the name, address, and use of the premises.
Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and which may or may not be internally illuminated.
Center Identification Sign. A wall or ground-mounted sign, typically larger and in addition to smaller monument signs, located on a multi-tenant commercial or industrial property. Typically used to identify the name of the center and anchor tenants.
Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means, including time and temperature.
Channel Letters. Three-dimensional, individually cut letters or figures, illuminated or unilluminated, affixed to a structure.
Commercial Sign. Any sign containing a commercial message. Includes all signs not classified as noncommercial signs.
Construction Sign. A temporary sign on real property on which construction of new improvements is occurring. Typically used to identify the developer, contractor, architect, and other parties involved in the construction.
Directional Sign. An on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site.
Directory Sign. A sign listing the persons, activities or tenants located on-site.
Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.
Edge of Roof. On a pitched roof, the lowest portion of the fascia board covering the roof rafters or, if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall.
Electronic Reader Board Sign. A sign with a fixed or changing display composed of a series of lights, including LEDs and LCDs, but not including time and temperature displays. An Informational Sign Kiosk is not considered an electronic reader board sign (see "Informational Sign Kiosk" definition).
Flashing Sign. A sign that contains an intermittent or sequential flashing light source.
Future Tenant Identification Sign. A temporary sign on a nonresidential construction site. Typically used to identify the future tenant of a property.
Governmental Sign. Any sign approved by the City Council to be installed or erected in the public right-of-way or on City property, including an informational sign kiosk or other signage intended to inform the public.
Ground-Mounted Sign. A sign fixed in an upright position on the ground, not attached to any structure other than a framework, pole, or device erected primarily to support the sign. Includes monument signs and pole signs.
Height of Sign. The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.
Illegal Sign. Any sign which does not comply with these Regulations.
Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance. Also includes reverse channel letter signs with opaque faces.
Informational Sign Kiosk. A small structure (less than 8 feet in height, 3 feet in width, and 2 feet in depth) located on a public sidewalk or on public property with an electronic or e-ink display screen or screens intended to provide pedestrians with information on city resources, meetings, programming, community events and attractions, wayfinding directions to parking lots, and a directory of nearby shopping and dining establishments.
Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so the rays go through the face of the sign, or a light source which is attached to the face of the sign and is perceived as a design element of the sign.
Logo. A trademark or symbol of an organization, belief system, or concept.
Marquee Sign. A tall roof-like structure projecting over the entrance of an assembly building or hotel and typically containing changeable copy letters.
Monument Sign. An independent, freestanding structure supported on the ground, having a solid base as opposed to being supported by poles or open braces.
Multi-face sign. A sign displaying information on at least two surfaces, each having a different orientation, or on a curved surface so that the copy or image is different when viewed from different angles.
Multiple Tenant Site/Center. A commercial or industrial development consisting of two or more separate businesses that share either the same parcel or structure and use common access and parking facilities.
Nonconforming Sign. Any sign which was legally established in conformance with all applicable laws in effect at the time of original installation but which does not conform to the requirements of this chapter or these Regulations.
Noncommercial Sign. Any sign which is intended to convey a noncommercial message including, by way of example and not limitation, commentary on social, political, educational, religious, scientific, artistic, philosophical or charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns, entities or groups.
Off-Site Directional Sign. Off-premise directional signs are intended to provide identification for access to property that does not abut a public or private street and relies on an easement over adjacent property for access.
Off-Site Sign. Any sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premises as the sign.
On-Site Sign. Any sign identifying a use, facility, service, or product which is located, sold, or manufactured on the same premises as the sign.
Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Portable Sign. Any sign that is designed to be transported, including but not limited to signs with wheels removed; with chassis or support constructed without wheels; designed to be transported by trailer or wheels; converted to an A- or T-frame signs; attached temporarily or permanently to the ground, structure, or other signs; and menu and sandwich boards.
Projecting Sign. A sign, other than a wall sign, suspended from, or supported by, a structure and projecting outward.
Property Frontage. The front or frontage is that side of a parcel or development site abutting a public or private street.
Reader Board. A sign designed to allow the changing of copy through manual, mechanical, electronic, or electrical means including time and temperature.
Real Estate Sign. A temporary on-site commercial sign, placed on either residential or nonresidential property, during the time period that some or all of that property is being offered for sale, lease, or rent. Typically used to advertise that a property is for sale, lease, or rent, and provide contact information to inquiring parties.
Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.
Sign. All signs as defined in the Uniform Sign Code.
Sign Area. The entire area within a perimeter defined by a continuous line composed of right angles using no more than eight lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.
Temporary Sign. Any sign fabricated of paper, plywood, fabric, window whitewash, or other light, impermanent material and intended to be displayed unchanged for a temporary period of time.
Vehicle Sign. A sign which is attached to or painted on a vehicle or trailer which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
Window Sign. Any sign posted, painted, placed, or affixed in or on any window exposed to public view. Any interior sign which faces any window exposed to public view and is located within three feet of the window.
(Ord. 2564 §1)
19.74.050 Sign review.
A. Review Required. To ensure compliance with the regulations of this chapter, sign review and approval by the Department shall be required to erect, move, alter, apply, paint, or reconstruct any sign except for signs that are exempt from permits in compliance with Section 19.74.060. Sign approvals are subject to the administrative review provisions of Chapter 19.18 (Site Design and Architectural Review). In most instances, a building permit will be required to erect a sign. In these instances, the permit will be issued by the Public Works Department after review and approval by the Director.
B. Approval of Sign. A sign application shall be approved by the Director, or the architectural review authority for a related project in accordance with Chapter 19.18, provided that the proposed sign is consistent with the provisions of this chapter.
Review of the sign shall include consideration of size, color, material, illumination, location, and other elements of design in compliance with this chapter, including applicable sign design guidelines noted in the City of Chico Design Guidelines Manual and any conditions of approval adopted by the Architectural Review and Historic Preservation Board, Commission, or City Council as part of any approval process.
(Ord. 2443, Ord. 2494 §46)
19.74.060 Exemptions from sign approval.
Sign permits shall not be required for the signs listed in this section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site. Such signs, however, may require compliance with building permit regulations.
A. Permanent Signs With No Size Limitation.
1. Signs located within shopping malls or similar areas, where the signs are not visible from any point on the boundary of the premises, shall not be regulated as to size or location or similar provisions contained in this chapter; however, such signs require compliance with building permit requirements;
2. Any sign erected and maintained as required by law;
3. Signs on licensed commercial vehicles, including trailers; provided, however, such vehicles and/or trailers shall not be used as parked or stationary outdoor display signs;
4. Signs attached to bicycles or pedicabs;
5. Bench, bus shelter, and other signs located at designated public transit locations which comply with the criteria established by the relevant transit authority and are internally illuminated only in locations where such illumination is not prohibited by the sign regulations for the underlying zoning district;
6. Change of copy within an approved Comprehensive Sign Program that conform to the provisions of the Comprehensive Sign Program (Section 19.74.070); and
7. Governmental signs in the public right-of-way or on City property that are approved by the City Council.
B. Permanent Signs Limited by Maximum Areas. The following signs are exempt from the requirements of sign permits, subject to the following limitations:
1. Occupant name, street number, and street name signs not exceeding two square feet in area per single-family or multi-family unit;
2. On-site commercial signs on nonresidential property not exceeding two square feet in area located on or immediately adjacent to a primary entrance, typically used to post the name of the business, hours of operation, and other pertinent information;
3. Vehicle and pedestrian-oriented safety and directional signs solely for the purpose of guiding traffic, parking, and loading on private property, and not bearing advertising materials. Maximum sign area shall be four square feet in residential and office residential zoning districts and six square feet in other zoning districts. Maximum height for freestanding signs shall be four feet. Taller signs may be approved by the Director, if visibility and safety will not be impaired;
4. Noncommercial signs located on residential property not exceeding four square feet in area. Such signs shall be limited to a maximum of three feet in height when located in any required setback or sight distance area, or six feet in height if located outside any required setback or sight distance area;
5. On-site commercial signs up to four square feet in area located on gasoline pumps, typically used to identify the brand, type of fuel, and octane rating;
6. Any flag with a noncommercial message, provided that the pole height shall not exceed 25 feet and the length of the flag shall be not more than one-quarter of the height of the pole; and
7. The display of air-filled, rubber latex balloons with an inflated diameter of 12 inches or less by a balloon, florist, or other retail establishment regularly offering balloons for sale to the general public. Such balloons shall contain no commercial message and be securely attached to the structure, including an awning if any, from which sales are offered; and
8. Non-illuminated informational wall signs up to five square feet in area, containing historical information, such as photos and narrative, pertaining to the premises upon which they are located.
C. Temporary Signs Limited by Size and Period of Display.
1. Small Temporary Commercial Signs on Nonresidential Property. Small temporary commercial signs painted on a window or constructed of paper, cloth, or similar disposable materials and affixed on a window, wall, building surface, or structure on nonresidential property subject to the following limitations:
a. Signs may be displayed for a maximum of 30 days within a 90-day period;
b. The total area of all temporary commercial signs shall not exceed 25 square feet per tenant;
c. The area of temporary commercial signs attached to or painted on windows shall not exceed 33 percent of the window area, except in the DN and DS zoning districts where signs shall not exceed 10 percent of the window area;
d. Signs shall not be attached to the exterior of windows or doors except painted-on signs; and
e. Signs shall not be located above the edge of the roof or above the sill of the second-story windows on a multi-story structure.
Temporary commercial signs not meeting these limitations are considered Large Temporary Commercial Signs/Banners and may be approved for a limited period of time, subject to permit approval and the limitations set forth in Section 19.74.120(A).
2. Temporary Business Identification Signs. A maximum of two temporary business identification signs may be displayed until permanent signs can be erected, or when existing permanent signs are obscured due to road construction or other similar conditions, for a period not to exceed 90 days. Maximum sign area is limited to 50 square feet.
3. Real Estate Signs. Real estate signs are allowed on private property in any zoning district subject to the following limitations:
a. For single-family dwellings and duplexes, one double-faced sign per street frontage not to exceed 4 square feet in area per sign face and seven feet in height;
b. For multi-family dwellings with three or more units, one double-faced sign per street frontage not to exceed 24 square feet in area per sign face and eight feet in height;
c. For single-tenant sites on nonresidential property, one double-faced sign per street frontage not to exceed 16 square feet in area per sign face and eight feet in height;
d. For multi-tenant sites on nonresidential property, one double-faced sign per street frontage not to exceed 32 square feet in area per sign face and eight feet in height. In addition, one sign for each tenant space available not to exceed six square feet in area to be located at the individual tenant space for rent or lease; and
e. For five or more single-family dwellings or vacant lots on residential property, two single-faced or double faced signs not to exceed 32 square feet in area per sign face and eight feet in height.
4. Future Tenant Identification Signs. Future tenant identification signs may be displayed on a nonresidential construction site, subject to compliance with the following limitations:
a. One sign per street frontage except where a project has in excess of 600 lineal feet of street frontage, one additional sign may be allowed;
b. Signs shall be limited to a maximum of 32 square feet in area and 10 feet in height, or a maximum of 50 square feet in area if combined with a construction sign; and
c. Signs shall be removed upon completion of construction.
5. Construction Signs. Construction signs may be displayed on construction sites, subject to compliance with the following limitations:
a. One sign per street frontage not to exceed 32 square feet in area with a maximum height of 10 feet. Maximum size of 50 square feet in area if combined with a future tenant identification sign; and
b. Signs shall be removed upon completion of construction.
6. Temporary Noncommercial Signs. Temporary signs with noncommercial messages may be displayed on private property, with the property owner’s permission, subject to compliance with the following limitations:
a. On residential property, up to four single-faced or double-faced signs not exceeding four square feet of surface area per sign face may be displayed for up to 120 days in any calendar year. Such signs shall be limited to a maximum of three feet in height if located in any required setback or sight distance area, or six feet in height if located outside any required setback or sight distance area.
b. On nonresidential property, an unlimited number of single-faced or double-faced signs not exceeding 32 square feet per sign face may be displayed for up to 120 days in any calendar year. Such signs shall be limited to a maximum of three feet in height if located in any required setback or sight distance area, or six feet in height if located outside any required setback or sight distance area. These signs are allowed in addition to the substitution of noncommercial messages for commercial messages as established in Section 19.74.030(C).
7. Small Temporary Commercial Signs on Residential Property. Small temporary commercial signs may be displayed during an allowed temporary commercial use of residential property, including uses authorized in Section 19.22.020(F) (Garage and Yard Sales in Residential Zones), subject to compliance with the following limitations:
a. One single-faced or double-faced sign up to four square feet in surface area per sign face shall be allowed;
b. The sign shall be limited to a maximum of three feet in height if located in any required setback or sight distance area, or six feet in height if located outside any required setback or sight distance area;
c. The sign shall be located onsite; and
d. The sign shall only be displayed for the duration of the allowed temporary commercial use of the property.
8. Other Similar Temporary Signs. Other similar temporary signs may be displayed on private property, if the Director makes the following findings:
a. The signs are substantially similar to other signs allowed in the zoning district in terms of area, height, location, illumination, and other objective characteristics;
b. The signs do not obstruct any required sight distance area, block any required path of travel, or otherwise create a safety hazard;
c. The signs are not otherwise prohibited, such as off-site signs, signs in the public right-of-way, or commercial signs on residential property;
d. The signs are displayed for a limited period of time consistent with other similar allowed temporary signs in the zoning district; and
e. The signs are consistent with the purpose and general provisions of this chapter.
If there is any dispute as to whether a particular sign falls within this category, the Director shall document these findings in writing.
(Ord. 2443; Ord. 2564 §2; Ord. 2600)
19.74.070 Comprehensive sign program.
A. Purpose. The purpose of a Comprehensive Sign Program (“CSP”) is to integrate a project's signs with the design of its structures into a unified architectural statement. Additionally, a CSP is intended to provide a means for flexible application of these sign regulations for multi-tenant projects in order to encourage maximum incentives and latitude in the design and display of signs and to achieve, not circumvent, the intent of this chapter.
B. Applicability. Notwithstanding any other provisions of this chapter, a Comprehensive Sign Program may be approved by the Board for the following project types:
1. Multiple commercial tenants, or mixed-use projects, developed as a unit on adjacent parcels and located in a commercial zoning district;
2. A multi-tenant industrial or office project developed as a unit on adjacent parcels and located in an industrial zoning district; and
3. Multiple commercial tenants, or mixed-use projects, located on adjacent parcels within the same city block and under common ownership within the DN (Downtown North) and DS (Downtown South) zoning districts.
A Comprehensive Sign Program may authorize deviations from the development standards for signs for the zoning district in which the project is located, except that the total maximum sign area allowed by this chapter shall not otherwise be exceeded. Standards for signs provided in this chapter shall serve as a reference along with any design guidelines adopted by the City.
C. Application Requirements. The following information is required for submittal of an application to the Board for a Comprehensive Sign Program:
1. Plans, to scale, to include the following:
a. Sign details indicating sign area, dimensions, colors, materials, letter style, proposed copy, letter height, and method of illumination for all signs;
b. Site plan indicating the location of all existing and proposed signs with sign area dimensions;
c. Building elevations with sign location depicted and dimensioned; and
d. A summary table showing the complete sign program and total square foot area of all signs.
2. A statement explaining how revisions, modifications, or replacement of tenant signs will be implemented to limit the possibility of holes being left in the structure's exterior by mounting brackets, electrical connections, or similar items; and
3. Any supplemental information required by the Director.
D. Lessees to be Made Aware of the Comprehensive Sign Program. Lessees within developments governed by an approved Comprehensive Sign Program shall be made aware of the program in their lease and their responsibility to follow the approved Comprehensive Sign Program.
E. Findings. In approving a Comprehensive Sign Program, the Board shall make all of the following findings in addition to those required by Chapter 19.18:
1. The proposed Comprehensive Sign Program is consistent with the purpose and intent of this chapter;
2. The signs are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or developments they identify and to surrounding development;
3. The Comprehensive Sign Program accommodates future revisions which may be required due to changes in use or tenants; and
4. The Comprehensive Sign Program complies with all of the standards of this chapter, including the maximum overall sign area allowable, except that flexibility is allowed with regard to individual sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes of this chapter.
F. Revisions to Comprehensive Sign Programs. Revisions to a Comprehensive Sign Program may be approved by the Director if it is determined that the revision is minor and that the intent of the original approval, and any conditions attached thereto, are not affected. For revisions that would substantially deviate from the original approval, an application to modify the Comprehensive Sign Program shall be required.
Ord. 2443
19.74.080 Prohibited signs.
The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. Any sign not in compliance with the provisions of this chapter;
B. Abandoned and/or dilapidated signs and sign structures;
C. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar signs;
D. Banners, streamers, and pennants, except as specifically allowed by the provisions of Section 19.74.060 (Exemptions from sign approval);
E. Bench signs, except at approved bus passenger loading areas;
F. Changeable copy signs, including reader boards, except when on the same property as an assembly use or when specifically allowed by state or federal law;
G. Electronic reader board signs, except as provided by Section 19.74.120(K) (Changeable Copy Signs, Reader Boards, and Digital Reader Boards);
H. Inflated signs, balloons, and figures, except as provided in Section 19.74.060 (Exemptions from sign approval);
I. Signs which are obscene, defamatory, or contain fighting words;
J. Off-site signs not specifically allowed by the provisions of this chapter, including billboards, digital billboard displays, and outdoor advertising, except signs located at designated public transit locations;
K. Painted signs on fences or roofs;
L. Roof signs extending above the edge of the roof of a structure;
M. Signs erected in a manner that any portion of their surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe or obstruct any required ventilator, door, stairway, or window above the first story;
N. Signs emitting audible sounds, odors, or visible matter;
O. Vehicle signs attached to or painted on motor vehicles that are parked on or adjacent to property for more than 48 consecutive hours;
P. Signs erected in a location or manner which obstructs a required sight distance area or otherwise creates a traffic hazard as determined by the Public Works Director; and
Q. Signs on which resemble official traffic control signs.
(Ord. 2443, Ord. 2494 §47; Ord. 2503 §1)
19.74.090 Nonconforming signs.
A nonconforming sign is any permanent or temporary sign which was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but which does not now comply with the provisions of these Regulations. Nonconforming signs shall comply with Chapter 19.08 (Nonconforming Structures, Uses, and Parcels) and Section 19.74.100 (Abandoned signs).
A. Annexed areas. Except as otherwise provided in this section, all signs in areas annexed to the City after the date of adoption of this chapter which do not conform to the provisions of this chapter shall be regarded as nonconforming signs which may remain under the provisions of Chapter 19.08 (Nonconforming Structures, Uses and Parcels) and Section 19.74.100 (Abandoned signs).
B. Historic Signs, Exception. Historic signs, including those no longer advertising a product or service available onsite, may remain and may be protected pursuant to Chapter 19.37 (Historic Preservation).
C. Maintenance and Repair. Nonconforming signs and sign structures may be maintained and repaired in compliance with Section 19.08.030 (Restrictions on nonconforming structures and uses).
Ord. 2443
19.74.100 Abandoned signs.
A sign, including the structural support, shall be removed by the owner or lessee of the premises upon which the sign is located if the premises are vacant for more than one year. If the owner or lessee fails to remove the sign, the Building Official shall give the owner 30 days' written notice to remove it.
Ord. 2443
19.74.110 General provisions for all signs.
A. Maintenance of Signs. All signs and supporting hardware, including temporary signs, shall be maintained in good repair and function properly at all times. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance.
When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Any unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.
B. Measurement of Sign Area.
1. The surface area of a sign shall be calculated by enclosing the extreme limits of any writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines.
2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
3. If the sign consists of more than one section or module, all of the area, including the area between the sections or modules, shall be included in the computation of sign area.
4. Double-faced (back-to-back) freestanding signs shall be regarded as a single sign only if the distance between each sign face does not exceed two feet. However, each sign face shall be considered a separate sign for the purpose of calculating sign area.
5. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculptures, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.
C. Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate any negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:
1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign;
2. The light from any illuminated sign shall not be of an intensity or brightness which will interfere with the reasonable enjoyment of residential properties in direct visual proximity to the sign;
3. No sign shall have blinking, flashing, or fluttering lights or any other illuminating device which has a changing light intensity, brightness, or color;
4. No colored lights shall be used at any location or in any manner so as to be confused or construed as traffic control devices;
5. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles;
6. No reflective-type bulb or lamp which exceeds 125 lumens shall be used on the exterior surface of any sign so as to expose the face of the bulb or lamp to any public rights-of-way or adjacent property; and
7. Light sources shall utilize energy-efficient fixtures to the greatest extent possible.
Ord. 2443
19.74.120 Standards for specific types of signs.
A. Large Temporary Commercial Signs/Banners. Large temporary commercial signs and/or banners not meeting the exemption criteria in Section 19.74.060(C) may be displayed on nonresidential property for a limited period of time, subject to approval of a permit from the Department. Such signage may consist of balloons, buntings, portable or mobile signs, banners, flags, posters, pennants, ribbons, streamers, and similar articles, and are subject to the following conditions:
1. Such signage shall only be permitted on nonresidential properties;
2. Such signage shall only be permitted for a maximum of four time periods in any calendar year with such signage permitted for no more than 10 consecutive days per time period. Provided, however, that each time period shall be separated by a minimum of 30 days and that such signage may be permitted for no more than a total of 20 days in any calendar year;
3. Such signage shall be installed or displayed on-site;
4. Such signage shall not be installed or displayed so as to obstruct any required sight distance area, block any required path of travel, or otherwise create a safety hazard;
5. Balloons and other inflatable devices authorized by this section shall not exceed three feet in any single dimension;
6. No part of the signage shall exceed the maximum height of buildings on the site; and
7. Prior to installation or display of such signage, a permit shall be obtained from the Department. Up to four time periods may be authorized by a single permit.
B. Awning signs. Awning signs may be placed on the face of an awning in a flat position, in a plane approximately parallel to the plane of the building wall to which the awning is attached. Awning signs may project over the public right-of-way to the same extent that the awning projects over the public right-of-way.
1. Signs on awnings shall only be located on building frontages, including those fronting a parking lot or pedestrian way.
2. Signs on awnings are limited to ground-level occupancies only.
3. Signs on awnings shall not be internally illuminated unless approved by the Board. Lighting for awnings shall be directed downward.
C. Freestanding Signs.
1. Signs are allowed only for frontages adjoining a public or private street.
2. There shall be a minimum of 75 feet between any two freestanding signs on adjoining sites to ensure adequate visibility for all signs. The Director may waive this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties.
3. Signs shall not project over public property, vehicular easements, or rights-of-way. Signs shall not obstruct traffic safety sight areas.
4. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 30 square feet of sign area equates to 60 square feet of required landscaped area.
D. Marquee Signs.
1. Signs shall be mounted only on the front and sides of a marquee, or suspended below.
2. Signs shall not project more than 6 inches from the face of the marquee.
3. Signs shall not extend more than 18 inches above the top of the marquee.
4. A clear distance of 8 feet shall be maintained from the lowest part of a suspended sign to the ground below.
E. Off-Site Directional Signs. Off-site directional signs are intended to provide identification for access to property that does not abut a public or private street and relies on an easement over adjacent property for access. In these cases, one off-site directional sign may be allowed subject to the approval of a sign permit and the following limitations:
1. Signs shall not exceed four square feet per face and not more than two sign faces where the access serves a single parcel or occupant;
2. Signs shall not exceed six square feet per face and not more than two sign faces where the access serves two or more parcels or occupants;
3. Signs shall not exceed three feet in height;
4. Signs shall be placed within the limits of the access easement serving the property and only if authorized by the easement or underlying property owners;
5. Any illumination of off-premises directional signs shall be indirect;
6. Signs shall contain only the property address, project name (if any) or name of occupants, and directional symbols; and
7. Signs shall be located so as to not interfere with clear sight distances required for safe access.
F. Projecting Signs and Three-Dimensional Expressions.
1. Signs shall only be located on ground-level building frontages with customer access.
2. Signs shall be double-faced or otherwise detailed on all sides visible to the public.
3. Consideration shall be given to existing signs on adjoining businesses so that visibility is not blocked.
4. No sign shall project above the edge of the roof of a structure or a sill of a second-story window.
5. All signs shall have a minimum vertical clearance of eight feet from the ground to the bottom of the sign or sign structure.
6. No sign shall project within two feet of a curb line.
7. The maximum thickness of a projecting sign shall not exceed that required for construction purposes.
8. Signs may be illuminated by indirect light sources only which shall be shielded to limit the spread of light only to the sign surface.
9. Three-dimensional, sculptural, or similar artistic structures that express a theme or message may be approved by the Board in addition to or in lieu of other signage in compliance with size and lighting regulations of the underlying zoning district.
G. Theater Signs.
1. Theater Identification Signs. Theaters and other approved assembly uses may be provided with identification signs of the same type, design, height, and size as the identification signs authorized by this chapter for the particular zoning district in which the theater is located.
2. Cases For Temporary Signs. Theaters and other approved assembly uses may also display temporary signs in permanently-mounted glass cases or other similar enclosures. Such cases shall count as part of the maximum allowed permanent sign area as established for that zoning district.
H. Wall Signs.
1. Signs shall be located only on building frontages unless specifically approved by the Director.
2. Signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches.
3. Signs shall not project above the edge of the roof of a structure.
I. Window Signs.
1. Signs shall be allowed only on windows located on the ground level and second story of a building frontage.
2. Signs shall be permanently painted or mounted on the inside of windows and doors.
3. Signs shall not occupy more than 25 percent of the window area of any one window including permanent and temporary signs. In the DN and DS zoning districts, signs may not occupy more than 10 percent of the area of any one window.
J. Automobile Dealership Business Identification Signs.
1. One ground-mounted business identification sign not exceeding 20 feet in height is permitted per automobile dealership, subject to compliance with all other design standards in Section 19.74.120(C).
2. The sign area shall not exceed 100 square feet for one face, or 200 square feet for two or more faces. This sign area shall count against the maximum sign area for the dealership as established in 19.74.140.
K. Changeable Copy Signs, Reader Boards, and Digital Reader Boards.
1. Such signs shall only be allowed on nonresidential property which contains an approved assembly use, when specifically allowed by state or federal law, or in the CS zoning district.
2. The area of such signs shall count towards the maximum allowed sign area for the site, and meet other applicable sign standards provided in Table 5-8 (Sign Standards by Zoning District).
3. Any digital reader boards shall display static (unanimated) images and/or copy. For the purposes of this section, static images and/or copy shall be defined as those which are changed no more than once per ten seconds.
4. Digital reader boards shall not be brighter than the illumination limit recommended by the International Sign Association (ISA) for Electronic Message Center signs, or 0.3 footcandles above ambient light when measured at the recommended distance as set forth by the ISA. Digital reader boards shall be equipped with a photocell, timer, or other similar device which automatically dims the display during nighttime hours to prevent glare impacts to motorists.
(Ord. 2443; Ord. 2503 §2; Ord. 2610)
19.74.130 Portable signs.
A. Portable Signs Outside of Downtown. Portable freestanding signs are permitted in all commercial and industrial zoning districts, except DN and DS zoning districts, subject to the following conditions:
1. One portable sign per parcel frontage is allowed. Portable signs may be placed off-site on an adjacent parcel or within 300 feet of the business being advertised, with the consent of the property owner. No more than one sign per parcel frontage, however, is allowed at any one time.
2. Portable signs shall not be placed in the public right-of-way, attached or secured to private property, or placed in landscape planters, over any utility box, or within 36 inches of a fire hydrant.
3. Portable signs shall be constructed of wood (or other sturdy material) and metal hardware, and all surfaces shall be coated with paint, varnish, or other durable finish. All portable sign copy shall be neat and legible. Portable signs shall have no electric, mechanical, or fixed attachments, including objects that move with the wind.
4. A portable sign may be displayed only during the hours that the business being advertised is open to the public and shall be removed from public view at all other times.
5. The maximum height of a portable sign shall be four feet. The area of each sign face shall not exceed 16 square feet. Two-sided signs shall not exceed 32 square feet in size for both faces combined. A portable sign which meets the standards of this section shall not be calculated in the total allowable sign area for the business being advertised or the parcel upon which it is located.
6. All portable signs shall be properly maintained pursuant to Section 19.74.110.
B. Portable Signs Within Downtown. Pedestrian-scale portable signs are permitted within the DN and DS zoning districts, subject to the following conditions:
1. One portable sign is allowed per business or tenant.
2. Portable signs shall be self-supporting, and of sufficient weight such that the sign remains upright and in the same position for the entire time the sign is displayed. No portion of the sign or supporting device shall be placed or driven into the ground. Signs and supporting devices shall be maintained in good condition at all times and shall be constructed out of quality weather- resistant materials normally used in professional signage.
3. Portable signs shall be limited to no more than four square feet of sign area per face. Signs may be either single-faced or double-faced. The area of the portable sign shall be allowed in addition to the maximum sign area for permanent signs on the property.
4. Portable signs shall be limited to no more than 42 inches in height.
5. Signs and supporting devices may not contain brochure boxes, tear-off flyers/coupons, or any similar type of attachment. No balloons, flags, pennants, or similar devices may be attached to a sign or supporting device.
6. Signs must contain, in legible font, on an area no less than two inches by three and one-half inches (business card size), the name, mailing address, and contact phone number of the individual responsible for the sign.
7. The sign may be displayed only during the hours that the business being advertised is open to the public and shall be removed from public view at all other times.
8. Portable signs shall be placed onsite, shall not block any accessible path of travel, and shall not create a tripping hazard or other hazardous condition. Exception: Portable signs may be placed in designated locations within the public right-of-way only if a permit authorizing such placement is issued to a particular business or tenant pursuant to the regulations in Title 14.
Ord. 2443
19.74.140 Sign standards by zoning district.
The sign standards set forth in this section are intended to apply to signs in every zoning district in the City. Only signs authorized by this section within a particular zoning district shall be allowed in that zoning district unless otherwise expressly provided in this chapter. Signs permitted in the PQ (Public/Quasi Public Facilities) zoning district shall be subject to the Community Development Director's determination based on comparable sign installations for similar uses, the use of the site, and surrounding zoning districts.
(Ord. 2443; Ord. 2564 §3)
Note: To view Table 5-8 in PDF, please click TABLE 5-8
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-family and duplex identification | Name plate or street address | 1 per dwelling or occupant | 1 s.f. | Below edge of roof | Wall, fence, or mailbox | No | |
Multi-family and dormitory identification | Wall or monument | 1 per street frontage | 24 s.f. max. | Below edge of roof; 6 ft. monument | 10 ft. minimum front setback, 5 ft. side setback | Indirect only | |
Group care homes, bed and breakfast inns, boarding/ rooming houses, fraternity/ sorority houses | Wall or monument | 1 per street frontage | 12 s.f. max. | Below edge of roof; 6 ft. monument | 10 ft. minimum front setback, 5 ft. side setback | Indirect only | |
Child care facilities | Wall or monument | 1 per street frontage | 6 s.f. max. | Below edge of roof; 6 ft. monument | 10 ft. minimum front setback, 5 ft. side setback | No | |
Religious, educational, governmental, recreational | Wall, projecting & directory | Director or entitlement approval | Director or entitlement approval | Below edge of roof; 6 ft. monument | 10 ft. minimum front setback, 5 ft. side setback | Indirect only | |
Mobile home park | Wall or monument | 1 per access drive | 24 s.f. max. | 8 ft. wall or 6 ft. monument | 10 ft. minimum front setback, 5 ft. side setback | Indirect only | |
Home occupation | Name plate | 1 per dwelling | 1 s.f. | Below edge of roof | Wall, fence, or mailbox | No | |
B. Signs Permitted in the RMU (Residential Mixed Use) Zoning District (Residential uses in the RMU District shall comply with Table 5-8(A) Signs Permitted in the Residential Zoning Districts.)
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall | 1 each per building frontage | 1 s.f. per linear foot of building frontage, not to exceed 100 s.f. total | Below eave | On building in which the business is located | Indirect only | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs are permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 ft. above adjacent grade | On the private property of the site | Indirect only | The total allowable sign area includes the cumulative area of wall, ground, awning, projecting, and permanent window signs. |
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Indirect only | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Window (1) | Based on total sign area | 10% of window area or 16 s.f., whichever is less | First and second floor windows only | Permanently painted or mounted on interior of windows located on ground floor or second story of a building frontage | Indirect or neon signs | |
5. Business identification | Awning | Based on total sign area | 10% of awning surface or 25 s.f. total, whichever is less | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies. | Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated. | May project over public right-of-way in conformance with the UBC. Cabinet-type signs may be permitted only with Board approval. |
6. Business identification | Under canopy or marquee (“Blade Sign”) | 1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No | May be in addition to window, awning, and wall signs and is not calculated in the total allowable sign area. May project over public right-of-way in conformance with the UBC. |
Multi-tenant sites 1. Business identification | Wall | Based on total sign area | 1 s.f. per linear foot of building frontage on ground floor, 0.5 s.f. per linear foot on second floor, not to exceed 250 s.f. total | Below eave | On building or suite in which the business is located | Indirect only | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs may be permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 feet above adjacent grade | On the private property of the site | Indirect only | |
3. Business identification | Window | Based on total sign area | 15% of first floor window area and 10% of second floor window area, including permanent and temporary signs | N/A | Permanently painted or mounted on interior of windows located on the ground floor or second story of a building frontage. | Indirect or neon | Temporary window signs not permitted above ground floor. |
4. Business identification | Awning | Based on total sign area | 10% of awning surface | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies | Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated. | Awning signs not permitted above the second story. |
5. Business identification | Under canopy or marquee (“Blade Sign”) | 1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No | May be in addition to window, awning, projecting, and wall signs and is not calculated in total allowable sign area. May project over public right-of-way. |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall and/or monument | 1 each per building frontage | 0.75 s.f. of sign area per linear foot of building frontage, 30 s.f. max. | Below eave, 5 ft. for monument | Monument signs shall be set back 5 ft. from property lines. | Indirect only | 1. Total allowable sign area includes wall and monument signs. 2. Refer to Section 19.74.120. |
Multi-tenant sites 1. Building or center identification | Wall or monument | 1 per street frontage | 1 s.f. of sign area per linear foot of building frontage. 40 s.f. max. | Below eave, 6 ft. for monument | Monument signs shall be set back 5 ft. from property lines | Indirect only | Refer to Section 19.74.120. |
2. Business identification | Wall or hanging | 1 per tenant | 8 s.f. each | Below eave | Wall or canopy | Indirect only | |
3. Business directory | Wall or ground- mounted | To be determined by the Director | 10 s.f. each | 6 ft. | May not be located in any required setback | Indirect only | To identify tenants and provide directions to individual tenants. |
4. Name plate | Wall | 1 per tenant | 2 s.f. each | Below eave | Adjacent to primary entrance of each tenant | No |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall and/or monument | 1 each per building frontage | 1 s.f. of sign area per linear foot of building frontage, 40 s.f. max. | Below edge of roof, 8 ft. for monument | Monument signs shall be set back 3 ft. from property lines. | Yes | 1. Total allowable sign area includes wall and monument signs. 2. Refer to Section 19.74.120. |
Multi-tenant sites 1. Building or center identification | Wall or monument | 1 per street frontage | 1 s.f. of sign area per linear foot of building frontage. 50 s.f. max. | Below edge of roof, 6 ft. for monument | Monument signs shall be set back 3 ft. from property lines | Yes | Refer to Section 19.74.120. |
2. Business identification | Wall or hanging | 1 per tenant | 8 s.f. each | Below edge of roof | Wall or canopy | Indirect only | |
3. Business directory | Wall or ground- mounted | To be determined by the Director | 10 s.f. each | 6 ft. | May not be located in any required setback | Yes | To identify tenants and provide directions to individual tenants. |
4. Name plate | Wall | 1 per tenant | 2 s.f. each | Below edge of roof | Adjacent to primary entrance of each tenant | No |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall | 1 each per building frontage | 1 s.f. of sign area per linear foot of parcel frontage, not to exceed 100 s.f. total. | Below eave | On building in which the business is located | Indirect only, or individual channel letters | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs may be permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 feet above adjacent grade | On the private property of the site | Indirect only | |
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Window (1) | Based on total sign area | 10% of window area or 16 s.f., whichever is less | First and second floor windows only | Permanently painted or mounted on interior of windows located on the ground floor or second story of a building frontage | Indirect, LED or neon signs | Temporary window signs may be placed on exterior of window if signs would not be clearly visible when placed inside the structure due to treatment of the window for glare reduction and energy conservation; and signs are constructed and installed in a manner that will withstand inclement weather. |
5. Business identification | Awning | Based on total sign area | 10% of awning surface or 25 s.f. total, whichever is less | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies. | Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated. | Total allowable sign area includes wall, awning, projecting and window signs. May project over public right-of-way in conformance with the UBC. Cabinet-type signs may be permitted only with Board approval. |
6. Business identification | Under canopy or marquee (“Blade Sign”) | 1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No | May be in addition to window, awning, projecting, and wall signs and is not calculated in the total allowable sign area. May project over public right-of-way in conformance with the UBC. |
Multi-tenant sites (3) 1. Business identification | Wall | Based on total sign area | Up to the allowable maximum sign area (2) (4) | Below eave | On building in which the business is located | Indirect only, or individual channel letters | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs may be permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 feet above adjacent grade | On the private property of the site | Indirect only | |
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Window (1) | Based on total sign area | 15% of first floor window area and 10% of second floor window area, including permanent and temporary signs | N/A | Permanently painted or mounted on interior of windows located on the ground floor or second story of a building frontage. | Indirect or neon | Temporary window signs not permitted above ground floor. |
5. Business identification | Awning | Based on total sign area | 10% of awning surface | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies | Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated. | Awning signs not permitted above the second story. |
6. Business identification | Under canopy or marquee (“Blade Sign”) | 1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No | May be in addition to window, awning, and wall signs and is not calculated in total allowable sign area. May project over public right-of-way. |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall | 1 each per building frontage | 1.5 s.f. per linear foot of parcel frontage, not to exceed 250 s.f. total | Below eave | On building in which the business is located | Low lumens, indirect preferred, or individual channel letters | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs may be permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 ft. above adjacent grade | On the private property of the site | Low lumens, indirect preferred, or individual channel letters | The total allowable sign area includes the cumulative area of wall, ground, awning, projecting, and permanent window signs. |
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Window (1) | Based on total sign area | 10% of window area or 16 s.f., whichever is less | First and second floor windows only | Permanently painted or mounted on interior of windows located on ground floor or second story of a building frontage | Indirect, LED or neon signs | |
5. Business identification | Awning | Based on total sign area | 10% of awning surface or 25 s.f. total, whichever is less | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies.
|
Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated.
|
May project over public right-of-way in conformance with the UBC. Cabinet-type signs may be permitted only with Board approval. |
6. Business identification
| Under canopy or marquee (“Blade Sign”)
|
1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No
|
May be in addition to window, awning, and wall signs and is not calculated in the total allowable sign area. May project over public right-of-way in conformance with the UBC. |
Multi-tenant sites 1. Business identification | Wall | Based on total sign area of all businesses | 1.5 s.f. per linear foot of parcel frontage on ground floor, 0.5 s.f. per linear foot on second floor, not to exceed 250 s.f. total | Below eave | On building or suite in which the business is located | Low lumens, Indirect preferred, or individual channel letters | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs may be permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 feet above adjacent grade | On the private property of the site | Low lumens, Indirect preferred, or individual channel letters | |
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Window (1) | Based on total sign area | 15% of first floor window area and 10% of second floor window area, including permanent and temporary signs | N/A | Permanently painted or mounted on interior of windows located on the ground floor or second story of a building frontage. | Indirect, LED or neon | Temporary window signs not permitted above ground floor. |
5. Business identification | Awning | Based on total sign area | 10% of awning surface | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies | Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated. Lighting directed downwards only | Awning signs not permitted above the second story. |
6. Business identification | Under canopy or marquee (“Blade sign”) | 1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No | May be in addition to window, awning, projecting, and wall signs and is not calculated in total allowable sign area. May project over public right-of-way in conformance with the UBC. |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-Tenant Sites 1. Business identification | Wall | 1 each per building frontage | 1.5 s.f. of sign area per linear foot of building frontage, 50 s.f. max. | May not project above eave or 20 ft. above grade | May be located on parapet or canopy | Indirect or individual channel letters | Total allowable sign area includes all wall, awning, window and ground-mounted signs. Refer to Section 19.74.120. |
2. Business identification | Window | 15% of window area | Not allowed above second floor | Allowed on interior or exterior of glass window or door | No, except LED or neon signs | Total allowable sign area includes all wall, awning, window signs. | |
3. Business identification | Awning | 10% of awning surface or 25 s.f., whichever is less | No | Total allowable sign area includes all wall, awning, window signs. Refer to Section 19.74.120. | |||
4. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right- of-way in conformance with the UBC. |
5. Business identification | Under canopy or marquee | 1 per business (double face) | 4 s.f. per face | Beneath canopy or marquee with min. 7.5 ft. clearance below sign | No | Signs shall be uniform in color and design for all tenant identification within a center. May be in addition to window, awning, and wall signs. | |
6. Business identification | Monument | 1 per street frontage | 16 s.f. per face | 6 ft. | Indirect only | Refer to Section 19.74.120. | |
For office uses allowed in the CN zoning district, refer to signs permitted in the OC zoning district. For residential uses allowed in the CN zoning district, refer to signs permitted in residential zoning districts. | |||||||
Multi-tenant sites 1. Business identification | Wall | Based on total sign area | 1 s.f. per linear foot of building frontage on ground floor, 0.5 s.f. per linear foot on second floor, not to exceed 250 s.f. total | Below eave | On building or suite in which the business is located | Indirect or individual channel letters | Wall signs shall consist of individual wall-mounted letters and/or logos. Cabinet-type signs may be permitted only with Board approval. |
2. Business identification | Ground | 1 per site | 15 s.f. for one face or 30 s.f. for two or more faces | 5 feet above adjacent grade | On the private property of the site | Indirect only | |
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Window | Based on total sign area | 15% of first floor window area and 10% of second floor window area, including permanent and temporary signs | N/A | Permanently painted or mounted on interior of windows located on the ground floor or second story of a building frontage. | Indirect or neon | Temporary window signs not permitted above ground floor. |
5. Business identification | Awning | Based on total sign area | 10% of awning surface | N/A | On building frontages, including those fronting a parking lot or pedestrian way; limited to ground-level and second-story occupancies | Indirect only (see Section 19.74.120). Awnings shall not be internally illuminated. Lighting directed downwards only. | Awning signs not permitted above the second story. |
6. Business identification
|
Under canopy or marquee (“Blade sign”) | 1 per business frontage (double face) | 4 s.f. per face | N/A | Beneath canopy or marquee with min. 7.5 ft. clearance below sign. | No | May be in addition to window, awning, projecting, and wall signs and is not calculated in total allowable sign area. May project over public right-of-way in conformance with the UBC. |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall Ground- mounted | 2 per street frontage for wall signs 1 per street frontage for ground- mounted. 50 s.f. max. per sign face. | 2 s.f. of sign area/linear ft. of building frontage for ground floor uses. 0.5 s.f. per linear foot of business frontage for uses on second or higher floors. 30 s.f. min. and 500 s.f. max. | Below eave, and 12 ft. for ground- mounted | Sign shall be set back 5 ft. from property lines and shall not block sight distance area | Yes | Total allowable sign area includes wall, ground- mounted, and awning. |
2. Business identification | Window | 33% of window area including permanent and temporary signs | No, except LED and neon signs | Temporary window signs count towards allowable total aggregate sign area. | |||
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Awning | 10% of awning surface or 25 s.f. whichever is less | No | Total allowable sign area includes wall, ground- mounted, and awning signs. Refer to Section 19.74.120. | |||
Multi-tenant sites, shopping centers 1. Center identification | Ground-mounted | 1 per street frontage | 100 s.f. per sign face, 200 s.f. minimum and 400 s.f. max. per sign | 20 ft. | Sign shall be set back 5 ft. from property lines and shall not block sight distance area | Yes | Allowable in addition to other signs for individual businesses. |
2. Business identification (detached buildings greater than 10,000 s.f. gross floor area) | Monument | 1 per street frontage if located within 50 ft. of public street | 16 s.f. per sign face, 32 s.f. maximum per sign | 5 ft. | Sign shall be set back 5 ft. from property lines and shall not block sight distance area | Yes | Total allowable sign area includes wall, monument, and awning signs. |
3. Business identification | Wall | 1 per street ftontage and/or per customer public entrance. | 2 s.f. of sign area per linear foot of bldg. frontage for ground floor uses. 0.5 s.f. per linear foot of business frontage for uses on second or higher floors. 32 s.f. minimum and 200 s.f. max. per business. | Below eave | Yes | Total allowable sign area includes wall, monument, and awning signs. Anchor tenants (as defined by this chapter) within a multi-tenant developmet allowed up to 75 percent additional s.f., 350 s.f. maximum per businesss. | |
4. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window
|
Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters
|
Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
5. Business identification | Awning | 10% of awning or 25 s.f., whichever is less | No | Total allowable sign area includes wall, ground- mounted, and awning signs. Refer to Section 19.74.120. | |||
6. Business identification | Window | 33% of window area including permanent and temporary signs | No, except LED and neon signs | ||||
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall Ground-mounted | 2 per street frontage for wall signs 1 per street frontage for ground- mounted. 50 s.f. max. per sign face. | Wall signs, 2 s.f. of sign area/linear ft. of building frontage for ground floor uses. 0.5 s.f. per linear foot of business frontage for uses on second or higher floors. 50 s.f. min. and 850 s.f. max. | Below eave for wall signs 12 ft. for ground- mounted | Sign shall be set back 5 ft. from property lines and shall not block sight distance area | Yes | Total allowable sign area includes wall, ground- mounted, and awning. |
2. Business identification | Window | 33% of window area including permanent and temporary signs | No, except LED and neon signs | Temporary window signs count towards allowable total aggregate sign area.
| |||
3. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
4. Business identification | Awning | 10% of awning surface or 25 s.f. whichever is less | No | Total allowable sign area includes wall, ground- mounted, and awning signs. Refer to Section 19.74.120.
| |||
Multi-tenant sites, shopping centers 1. Center identification | Ground-mounted | 1 per street frontage | 100 s.f. per sign face, 200 s.f. minimum and 400 s.f. max. per sign | 20 ft. | Sign shall be set back 5 ft. from property lines and shall not block sight distance area | Yes | Allowable in addition to other signs for individual businesses. |
2. Business identification (detached buildings greater than 10,000 s.f. gross floor area) | Monument | 1 per street frontage if located within 50 ft. of public street | 16 s.f. per sign face, 32 s.f. maximum per sign | 5 ft. | Sign shall be set back 5 ft. from property lines and shall not block sight distance area | Yes | Total allowable sign area includes wall, monument, and awning signs. |
3. Business identification | Wall | 1 per street frontage and/or per customer public entrance. | 2 s.f. of sign area per linear foot of bldg. frontage for ground floor uses. 0.5 s.f. per linear foot of business frontage for uses on second or higher floors. 32 s.f. minimum and 200 s.f. max. per business. | Below eave | Yes | Total allowable sign area includes wall, monument, and awning signs. Anchor tenants within a multi-tenant siteare allowed up to 75 percent additional s.f., 350 s.f. maximum per business. | |
4. Business identification | Awning | 10% of awning or 25 s.f., whichever is less | No | Total allowable sign area includes wall, ground- mounted, and awning signs. Refer to Section 19.74.120. | |||
5. Business identification | Projecting Sign | 1 per building frontage | 8 s.f. (4 s.f. per face) | Below eave or below sill of second floor window | Beneath canopy or marquee if present, with min. 7.5 ft. clearance below sign. | Low lumens, indirect preferred, or individual channel letters | Projecting signs in other locations or not meeting standards may be permitted only with Board approval. May project over public right-of-way in conformance with the UBC. |
6. Business identification | Window | 33% of window area including permanent and temporary signs | No, except LED and neon signs | ||||
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Sign Class | Sign Type | Maximum Number | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
Single-tenant sites, not a center 1. Business identification | Wall Ground-mounted | 1 ground- mounted sign per street frontage | 2 s.f. of sign area per linear ft. of building frontage, 300 s.f. maximum Ground- mounted - 100 s.f. per face, 200 s.f. max. | Below eave, and 25 ft. for ground- mounted | Signs shall be set back 5 ft. from property lines | Yes | Total allowable sign area includes wall, ground- mounted, and awning signs. |
2. Business identification | Awning | 15% of awning or 25 s.f., whichever is less | No | Total allowable sign area includes wall, ground- mounted, and awning signs. | |||
3. Business identification | Window | 33% of window area including permanent and temporary signs | No, except LED and neon signs | ||||
Multi-tenant sites, shopping centers 1. Center identification | Ground-mounted | 1 per street frontage | 100 s.f. per sign face, 200 s.f. max. | 25 ft. | Signs shall be set back 5 ft. from property lines | Yes | Allowed in addition to other signs for individual businesses. |
2. Business identification | Wall Ground- mounted | 1 ground- mounted sign per street frontage | 2 s.f. of sign area per linear ft. of building frontage, 200 s.f. max per business. Ground- mounted 75 s.f. per face, 150 s.f. max. | Below eave, and 25 ft. for ground- mounted | Signs shall be set back 5 ft. from property lines | Yes | Total allowable sign area includes wall, ground- mounted, and awning signs. |
3. Business identification | Awning | 10% of awning or 25 s.f., whichever is less | No | ||||
4. Business identification | Window (1) | 33% of window area including permanent and temporary signs | No, except LED and neon signs | ||||
Notes:
(1) Signs stating "OPEN" or "CLOSED" which are no larger than 3 s.f. are exempt.
(2) The total allowable sign area includes the cumulative area of wall, awning, and permanent window signs, excluding 1 sign under the canopy or marquee (“blade sign”) which does not exceed 4 s.f. per sign and temporary signs as set forth in Section 19.74.060(C).
(3) For new multi-tenant sites or buildings with 2 or more individual businesses undergoing Board review, a "comprehensive sign program" shall be submitted (Section 19.74.070). Individual permanent window signs may be allowed independent of the comprehensive sign program.
(4) Total maximum sign area is based on 1 s.f. of sign area per linear foot of business frontage on ground floor, not to exceed 200 s.f. total, 0.5 per linear foot of business frontage for uses on second or subsequent floors. Each business is allowed at least 18 s.f. of sign area regardless of actual linear feet of frontage.
19.75.010 Purpose.
A. The purpose of this Chapter is to regulate commercial cannabis activity in the City of Chico, whether the cannabis is for medicinal or adult-use commercial purposes by enacting a permitting and regulatory system for this action.
B. The purpose of this Chapter is also to enact and enforce reasonable regulations on medicinal and adult-use purposes, by enacting a permitting and regulatory scheme for this action citywide for commercial cannabis uses, by allowing certain commercial uses in specified zones, and continuing to allow personal cannabis cultivation activities (non-commercial) in residential zoning districts.
C. Personal cultivation activities give rise to, or pose a significant risk of giving rise to, various health and safety concerns and negative impacts to residents of the City of Chico, including but not limited to burglaries and robberies, trespassing, personal and property crimes, fire and building hazards, chemical and waste disposal, mold growth, offensive odors, and possession and use by persons under the age of twenty-one (21). In light of such concerns, the City Council for the City of Chico desires to ban outdoor personal cultivation activities, and impose reasonable regulations on indoor personal cultivation activities for both medicinal and adult-use purposes.
D. The City Council finds that the regulation of commercial cannabis activity, including the prohibition of commercial cultivation and microbusiness uses, is necessary for the preservation and protection of the public health, safety and welfare for the City and its community. The City Council’s regulation of such activity is within the authority conferred upon the City Council by the City’s Charter and applicable state law, and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.020 Definitions.
For purposes of this Chapter, the following definitions shall apply:
A. “Accessory structure” shall mean a fully enclosed, lawful structure that is physically detached from, and secondary and incidental to, the existing primary structure of a “private residence,” as that term is defined herein.
B. “Adult Use” shall mean use of cannabis products by individuals 21 years of age and older and who do not possess a physician’s recommendation.
C. “Applicant” under this Chapter shall include any individual or entity applying for a Commercial Cannabis Permit, and shall include any officer, director, partner, or other duly authorized representative applying on behalf of an entity.
D. “Business License” is the license issued by the City’s Finance Department after payment of the business fee as set forth in Chapter 3.32 of the City of Chico City Code.
E. “California Adult Use of Marijuana Act” shall mean and refer to the provisions of California law added by Proposition 64, approved by California voters at the election occurring on November 8, 2016.
F. “Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis shall also have the same meaning as in Section 26001(f) of the Business and Professions Code, as may be amended from time to time. The terms “marijuana” and “cannabis” shall be synonymous and have the same meaning. It does not include:
1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or
2. The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other product.
3. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
G. “Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. Cannabis accessories shall also have the same meaning as in Section 11018.2 of the Health and Safety Code, as same may be amended from time to time.
H. “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. Cannabis concentrate shall also have the same meaning as in Section 26001(h) of the Business and Professions Code, as same may be amended from time to time.
I. “Cannabis concentrate inhaled products” means a cannabis concentrate product that is intended to be used, in whole or in part, through inhalation by the user. Cannabis concentrate inhaled products include, but are not limited to, dabs, wax, shatter, budder, and butane hash oil.
J. “Cannabis event” means a public or private event where compensation is provided or exchanged, either directly or indirectly or as part of an admission or other fee for service, for the provision, hosting, promotion or conduct of the event where consumption of cannabis is part of the activities.
K. “Cannabis products” shall mean cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products shall also have the same meaning as in Section 11018.1 of the Health and Safety Code, as same may be amended from time to time.
L. “Canopy” means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.
M. “City” shall mean the City of Chico and have the same meaning as CMC 1.04.010.
N. “City Manager” means the City Manager of the City of Chico, including their designee.
O. “Code” shall mean the Chico Municipal Code as defined in CMC 1.04.010, including all laws, ordinances, and regulations adopted and incorporated therein.
P. “Commercial cannabis activity” shall mean, and includes, the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, whether or not the cannabis or cannabis products as provided for in MAUCRSA. “Commercial cannabis activity” shall also have the same meaning as in Section 26001(k) of the Business and Professions Code, as they may be amended from time to time.
Q. “Commercial cannabis business” means any business or operation, which engages in medicinal or adult-use commercial cannabis activity, as authorized by this Chapter, as may be amended from time to time by the City, including, the manufacturing, testing, distribution, and retail as explicitly allowed herein, of medicinal and adult-use cannabis and cannabis products, and the ancillary transportation and delivery of same.
R. “Commercial Cannabis Permit” means the regulatory permit issued by the City of Chico to a commercial cannabis business, which is required before any commercial cannabis activity may be conducted in the City, pursuant to this Chapter.
S. “Conditional Use Permit” means a discretionary land use approval as required and pursuant to Section 24 of Title 19 of the Chico Municipal Code.
T. “Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cultivation shall also have the same meaning as in Section 26001(l) of the Business and Professions Code, as same may be amended from time to time. Whenever references to cultivation are made in this Chapter, permitted or licensed cultivation shall only be personal cultivation, as commercial cultivation is expressly prohibited.
U. “Customer” means a natural person 21 years of age or older; or, a natural person 18 years of age or older who possesses a physician’s recommendation for medicinal use, or a primary caregiver. Customer shall also have the same meaning as in Section 26001(n) of the Business and Professions Code, as same may be amended from time to time.
V. “Day care center” has the same meaning as in Section 1596.76 of the Health and Safety Code, as same may be amended from time to time, and includes any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.
W. “Delivery” shall mean the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer. Delivery shall also have the same meaning as in Section 26001(p) of the Business and Professions Code, as may be amended from time to time.
X. “Development Agreement” is the agreement entered into between an applicant and the City authorizing said individual to engage in a commercial cannabis business as authorized in this Chapter, within the City’s jurisdictional boundaries.
Y. “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
Z. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees. Distribution shall also have the same meaning as in Section 26001(r) of the Business and Professions Code, as same may be amended from time to time.
AA. “Distributor” means a person holding a valid Commercial Cannabis Permit for distribution issued by the City of Chico, and, a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.
BB. “Edible cannabis product” means a cannabis product that is intended to be used, in whole or in part, for human consumption, and is not considered food. Edible cannabis product has the same meaning as Business and Professions Code section 26001(t).
CC. “Fire Chief” shall mean the Fire Chief of the Chico Fire Department, or their designee.
DD. “Indoor” shall mean entirely within and inside a private residence, residential structure, or accessory structure.
EE. “Law enforcement agency” refers to the agency charged with enforcing the pertinent laws in the City. The law enforcement agency for the City shall be the Chico Police Department. Unless the provisions of the context otherwise require, whenever any provision of this Code makes reference to the law enforcement agency of the City, such shall be construed to mean, and deemed to constitute, that person holding the office of Chief of Police for the City and their authorized deputies or officers, performing law enforcement functions for the City.
FF. “License or state license” means a license issued by the State of California, or one of its departments or divisions, under MAUCRSA, and any subsequent State of California legislation or regulations regarding the same, to lawfully engage in commercial cannabis activity.
GG. “Licensee” means any person holding a license issued by the State of California to conduct commercial cannabis business activities.
HH. “Manager” means any person(s) designated by the commercial cannabis business to act as the representative or agent of the commercial cannabis business in managing day-to-day operations with corresponding liabilities and responsibilities, and/or the person in apparent charge of the premises where the commercial cannabis business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies.
II. “Manufacture” shall mean to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Manufacture shall also have the same meaning as in Section 26001(ag) of the Business and Professions Code, as same may be amended from time to time.
JJ. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container. A manufacturer may also be a person that infuses cannabis in its products but does not perform its own extraction. A manufacturer may also be a person that only packages or repackages cannabis or cannabis products or labels or re-labels its container. Manufacturer shall also have the same meaning as in Section 26001(ah) of the Business and Professions Code, as same may be amended from time to time.
KK. “Manufacturing” means the use type that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, or that only packages or repackages cannabis or cannabis products or labels or re-labels its container, and is owned and operated by a person issued a valid Commercial Cannabis Permit for manufacturing from the City of Chico and a valid state license as required for manufacturing of cannabis products.
LL. “Medicinal cannabis or medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code, by a medical cannabis patient in California who possesses a physician’s recommendation.
MM. “Medicinal use” means the use of medicinal cannabis or medicinal cannabis product.
NN. “Microbusiness” means licensees who engage in at least three (3) of the following commercial cannabis activities: indoor cultivation (less than 10,000 square feet), manufacturing (type 6), distribution, and retailer-storefront, as defined within this Chapter.
OO. “Outdoor” shall mean any location within the City of Chico that is not within a fully lawfully existing enclosed structure.
PP. “Permittee” shall mean any person having been issued and maintaining a valid personal cultivation permit under this Chapter.
QQ. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit or entity, and the plural as well as the singular.
RR. “Personal cultivation permit” or “permit” shall mean and refer to the permit issued by the City under this Chapter authorizing permittees to possess, plant, cultivate, harvest, dry, or process cannabis, cannabis plants, or the cannabis produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, pursuant to AUMA, and to a qualified patient or primary caregiver, in accordance with the Compassionate Use Act of 1996 (Proposition 215).
SS. “Physician’s recommendation” means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
TT. “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant where the commercial cannabis business will be or is being conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.
UU. “Primary caregiver” means the individual designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient, and as defined in Health and Safety Code section 11362.7.
VV. “Private residence” shall mean a legally existing house, an apartment unit, a mobile home, or other similar dwelling, and inclusive of any rooms, garages, or structures physically attached thereto, identified by a lawful street address and/or an assessor parcel number. A lawful accessory structure located on the same parcel as a private residence shall be considered a part of that private residence.
WW. “Qualified patient” means a qualified patient who is entitled to the protections of the Compassionate Use Act of 1996, and as defined in Section 11362.7 of the Health and Safety Code.
XX. “Retailer-Delivery” means a non-storefront, delivery-only retailer as a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers, where the premises are non-storefront, closed to the public, and sales are conducted exclusively by delivery, where a vehicle is used to convey the cannabis or cannabis products to the customer from a fixed location, and where the operator is authorized by the City of Chico to operate as a retailer, and holds a valid state license as required by state law to operate as a retailer.
YY. “Sell”, “sale”, and “to sell” includes any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the permittee from whom the cannabis or cannabis product was purchased.
ZZ. “State law” means all laws of the State of California, which includes, but are not limited to, all rules, regulations, and policies adopted by State of California agencies, departments, divisions, and regulatory entities, as same may be amended from time to time.
AAA. “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.
2. Licensed by the State of California.
Testing laboratory shall also have the same meaning as in Section 26001(at) of the Business and Professions Code, as same may be amended from time to time.
BBB. “Transport” means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by law and which may be amended or repealed by any subsequent State of California legislation regarding the same.
CCC. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. Youth center shall also have the same meaning as in Section 11353.1 of the Health and Safety Code and Section 26001(av) of the Business and Professions Code, as each may be amended from time to time.
(Ord. 2505; Ord. 2553; Ord. 2589 §4; Ord. 2598 § 1; Ord. 2600)
19.75.030 Prohibitions.
A. Commercial Cannabis Activity. No person shall establish, operate, maintain, conduct, cause, allow or engage in commercial cannabis activity anywhere within the City related to cannabis cultivation or microbusiness uses. This subsection is meant to prohibit all cannabis related activities for which a State license is required for cannabis cultivation or microbusiness uses. The City shall not issue any permit, license, variance or any other entitlement or permit, whether administrative or discretionary, for any establishment, operation or activity of any such prohibited use, business or commercial operation.
B. Medicinal Cannabis. With the exception of the indoor, personal cultivation of medicinal cannabis allowed or permitted in residential zoning districts pursuant to, and in accordance with, this chapter, the establishment or operation of any medicinal marijuana or cannabis collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered an explicitly prohibited use in the City of Chico, including in all zoning districts and designated zones of the City without an appropriate Commercial Cannabis Permit issued pursuant to CMC Chapter 5.42 and in accordance with the remainder of Chapter 19.75 and Chapters 19.40 through 19.48, and Section 19.80.070, as applicable.
C. Personal Cannabis Cultivation for Medicinal or Adult-use. With the exception of Section 19.75.040 that allows the personal cannabis cultivation of no more than six (6) plants in a private residence by first securing a permit from the City, personal cannabis cultivation shall be prohibited and considered unlawful in all areas of the City to the extent it is unlawful under California law.
D. Property Owners. A property owner shall not rent, lease, or otherwise allow, cause or allow any business that engages in commercial cannabis activity to occupy real property in the City unless such business is located in a zoning district where such use is allowed, and has received a Commercial Cannabis Permit issued pursuant to Chapter 5.42. A property owner shall not allow any person or business to establish, operate, maintain, conduct, cause, allow, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City unless such business is located in a zoning district where such use is allowed, and has received a Commercial Cannabis Permit issued pursuant to Chapter 5.42. This is not intended to prohibit a property owner from providing written prior permission to lawful tenants for the personal cultivation of medicinal or adult-use cannabis in a residential zoning district, as allowed in Section 19.75.040 of this chapter.
E. Deliveries. To the extent not already prohibited herein, delivery of cannabis or cannabis products, whether the cannabis is for medicinal or adult-use purposes, to or from the City of Chico is expressly prohibited except to the extent allowed under State law. Nothing herein prevents the use and traversing of public roads within the City of Chico by a lawful business pursuant to state law.
F. Outdoor Cultivation. The outdoor cultivation of cannabis is expressly prohibited in the City of Chico, including all zoning districts and designated zones of the City of Chico.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.040 Indoor personal cannabis cultivation.
A. Purpose and Intent. It is the purpose and intent of this section to enact and enforce reasonable regulations to reasonably regulate the ability of an individual twenty-one (21) years of age or older to possess, plant, cultivate, harvest, dry, or process, for personal, noncommercial use, whether it is for medical or recreational uses, not more than six (6) living cannabis plants indoors and to possess the cannabis produced by the plants, all in accordance with the Adult Use of Marijuana Act of 2016 and, specifically, Sections 11362.1 and 11362.2 of the Health and Safety Code, as well as the Compassionate Use Act of 1996 (Proposition 215). The cultivation of cannabis for personal, noncommercial, medical and/or recreational use may only take place in accordance with this Chapter.
B. Indoor Personal Cultivation; Permit Required. It shall be unlawful for any person to plant, cultivate, harvest, dry, or process cannabis, cannabis plants, or the cannabis produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, without first obtaining and maintaining a valid indoor personal cultivation permit under this Chapter.
C. Indoor Personal Cultivation Permit.
1. Application. Every person required to have a personal cultivation permit under this Chapter shall make an application therefor, in a form prescribed by the Community Development Director of the City. Upon the payment of the fee established by resolution or ordinance of the City Council, and upon determination that none of the grounds for denial as specified in Section 19.75.040(G)(1) exist, the Community Development Director shall issue to such person a permit which shall contain:
a. The name of the person to whom the permit is issued.
b. The permit number issued.
c. The address of the private residence for which the permit has been issued.
d. The date of expiration of such permit.
e. Any conditions imposed by the City, if in addition to those proscribed in this Chapter.
f. If the private residence is leased or rented private residence to the permittee, the name of the property owner(s) whom gave the express, written consent for the cannabis cultivation activities pursuant to this Chapter.
g. Such other information as may be deemed necessary.
2. No more than one (1) permit per private residence shall be issued and maintained at any one time, regardless of the number of persons dwelling or residing in the private residence or upon the grounds thereof, and regardless of how many qualified patients are living in the private residence.
D. Indoor Personal Cultivation Regulations.
1. Permittees issued a personal cultivation permit under this chapter shall, at all times, conduct the activities authorized by said permit in strict accordance with the requirements of this section, Chapter, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94), California Adult Use of Marijuana Act (Proposition 64), Compassionate Use Act of 1997 (Proposition 215), or whichever is more restrictive, as well as any conditions of approval imposed by the City.
a. All planting, cultivation, harvesting, drying, and processing (or similar actions) of cannabis plants, and the cannabis produced by the plants, shall be conducted entirely within the interior of a private residence or accessory structure.
b. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. Kitchens, bathrooms or primary bedrooms of a residence shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
c. Cultivation of cannabis shall not displace required off-street parking.
d. No permittee shall exercise or engage in any of the activities authorized by a personal cultivation permit, or otherwise engage in the planting, cultivation, harvesting, drying, and processing of cannabis plants, and the cannabis produced by the plants, except upon the grounds of a private residence of which the permittee is owner of the private residence, or a lawful, permanent resident who entered into a written lease agreement with the owner of the premises. For purposes of this paragraph, a lawful, permanent resident shall mean any permittee who, as of a given date, obtained the lawful right to occupy the private residence for more than thirty (30) consecutive days.
e. No cannabis may be cultivated in a leased or rented private residence without the prior express, written consent of the property owner. Said permittee shall obtain the written permission, including notarized signatures, of the legal owner(s) consenting to the indoor personal cultivation of cannabis on the private residence.
f. Not more than six (6) living cannabis plants may be planted, cultivated, harvested, dried, or processed upon the grounds of any single private residence.
g. A qualified patient, or his or her primary caregiver, who is in possession of a current, and valid physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the California Business and Professions Code, may submit to the City, as part of his or her permit application, or renewal thereof, that six (6) plants does not meet the qualified patient’s needs. In this event, based on the objective, written documentation provided to the Community Development Director by the qualified patient’s physician, up to eight (8) living plants in total may be planted, cultivated, harvested, dried, or processed upon the grounds of any single private residence by a qualified patient, or his or her primary caregiver. The intent of this subsection is to provide for an exception to the maximum allowed six (6) plants to qualified patients only, in order to acknowledge a medical need, pursuant to Section 11362.77(b) of the California Health and Safety Act.
h. All living cannabis plants, and any cannabis produced by the plants in excess of 28.5 grams, shall be kept within the private residence or accessory structure in a locked and secured space.
i. No living cannabis plants, cannabis cultivation activities, or equipment, shall be visible, and no odor, light, heat, or other environmental impacts associated with personal cultivation shall be detectable, from a public place, right-of-way, neighboring public or private property, or beyond the bounds of the grounds of the private residence at any time.
j. All structures and buildings, or portions thereof, of a private residence used to cultivate cannabis pursuant to this Chapter shall, at all times, comply with all applicable laws and provisions concerning building and construction of structures, including, without limitation, the City’s Land Use and Development Regulations pursuant to Title 19, as well as Building Regulations and Standards, pursuant to Titles 16 and 16R of the Chico Municipal Code, and the adopted and incorporated California Building Standards Code, as amended from time to time.
k. The indoor use of generators and/or gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation and/or processing of cannabis.
l. Not more potable water than is reasonably necessary to sustain six (6) living plants shall be utilized.
m. The lighting used for cultivation shall not exceed 1200 watts.
n. No nuisance shall be caused or maintained on the grounds of the private residence, including but not limited to those conditions set forth in Chapter 1.14 of this Code.
2. As a condition of approval of any application for any personal cultivation permit, the Community Development Director may, in his or her discretion, impose additional requirements and restrictions in addition to those expressly set forth in this section, to the extent such additional requirements and restrictions are necessary to ensure activities authorized by a personal cultivation permit are exercised in a manner that preserves and protects the public interest. In imposing such additional requirements and restrictions, the Community Development Director may consider such factors as the proximity of the private residence to sensitive land uses, the physical characteristics of the grounds of the private residence, and other relevant matters.
E. Enforcement and Inspection Authority.
1. Upon seventy-two (72) hour written notice, the Community Development Director, and any City police officer or code enforcement officer, shall have the right to enter into and upon the grounds of any private residence, and into or upon a private residence or accessory structure, for which a permit has been issued pursuant to this Chapter for purposes of conducting an inspection to ensure compliance with the requirements of this Chapter, and any applicable state law. A permittee’s refusal to allow said inspection shall be grounds for revocation of the permit.
2. Notwithstanding the foregoing, the City shall make reasonable efforts to schedule and conduct the inspection authorized by this section at the date and time agreeable to the permittee; provided that if the City makes reasonable efforts with a permittee to establish an agreeable date and time for an inspection, the failure or refusal of a permittee to establish an inspection date and time may be construed as a refusal to allow the inspection.
3. This section shall not limit or be interpreted as limiting the authority of the City or any representative thereof to enter upon or into the grounds of a private residence, or the private residence itself, as otherwise may be authorized by law or pursuant to a court-issued warrant.
F. Sale or Transfer of Cannabis Prohibited.
1. It shall be unlawful for any person or permittee to sell, or otherwise transfer for any consideration whatsoever, cannabis plants or the cannabis produced by the plants, to any other person.
2. It shall be unlawful for any person or permittee to sell, transfer, give away, or provide access to cannabis plants, or the cannabis produced by the plants, to any person under the age of 21.
3. All medical cannabis cultivated pursuant to this Chapter, shall be for the personal use only of a qualified patient residing on the private residence and may not be distributed to any other person, collective, or cooperative.
G. Grounds for Permit Denial.
1. Grounds for denial. The Community Development Director shall deny any application for a permit or for the renewal thereof if the Community Development Director makes any of the following determinations:
a. The applicant has not first obtained or has not maintained in full force and effect the permit required under this Chapter prior to engaging in the activities authorized by the permit.
b. The private residence or accessory structure used, or proposed to be used, to engage in the activities fails to comply with all applicable health, safety, zoning, fire, building and safety laws and regulations.
c. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit, in the application for or renewal of the permit, or submitted any false, misleading or fraudulent documentation in support of a permit or renewal permit application.
d. The applicant is in violation of a provision of the Chico Municipal Code or owes taxes, fees, or penalties pursuant to this Chapter or any other provision of the Chico Municipal Code.
e. The applicant of a new permit, or for the renewal thereof, has had a permit denied or revoked by the City within the preceding twelve (12) months.
2. Notice of Denial. Upon determination of the existence of any factors or conditions specified in Section 19.75.040(G)(1) hereinabove, the Community Development Director shall advise the applicant by serving upon the applicant a notice of denial in writing within ten (10) business days of such determination. The notice of denial shall state the Community Development Director’s findings and/or determinations that justify denial of the permit application, and shall include a summary of the evidence upon which such findings and/or determinations are based.
H. Permit - Posting or Storage. Permits issued pursuant to this Chapter shall be posted, kept, stored, or maintained in the private residence or accessory structure for which the permit was issued, and shall remain so posted, kept, stored, or maintained during the period the permit remains in force.
I. Permit - Duration and Renewal.
1. Permits issued pursuant to this Chapter shall be valid for two (2) years from the date of issuance, and shall expire immediately thereafter, unless timely renewed.
2. Permits issued pursuant to this Chapter may be renewed upon the filing of an application therefor with the Community Development Director. The application for renewal shall be in the same form as an application for an original permit. It shall be issued or denied in a like manner as in the case of the original permit.
J. Permit Fees. A filing and processing fee, in an amount established by resolution or ordinance of the City Council, shall be submitted with each application for an original permit, or applications for permit renewals. The fee provided for in this section is imposed to cover the cost of processing and reviewing permit applications, and to cover the cost of site inspections provided for in this Chapter. The fee provided for in this section may be amended from time to time by resolution of the City Council.
K. Transfer of Permit Prohibited. No permit issued pursuant to this Chapter shall be transferrable or assignable to any other person. The activities authorized by any permit issued pursuant to this Chapter shall only be conducted inside the private residence or accessory structure for which the permit was issued.
L. Permit Revocation.
1. Grounds for Revocation. The Community Development Director shall revoke any permit issued pursuant to this Chapter, if the Community Development Director makes any of the following findings or determinations:
a. There exists any ground for denial of the permit issued pursuant to this Chapter.
b. The permittee has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit or in any report required to be filed by law.
c. The permittee has violated or is violating any condition of approval imposed on such permit, or upon any other entitlement granted by the City or other government agency.
d. The permittee has violated or is violating any ordinance, law, or regulation of the City, Butte County, or State of California in the course of exercising any rights under the permit.
e. The permittee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the permit.
f. The continued activities under the permit would endanger, disrupt or otherwise be detrimental to the public peace, health, safety, morals or general welfare of the City or its inhabitants, or constitute a public nuisance.
2. Order of Revocation. The Community Development Director shall serve a written order of revocation upon the permittee the grounds for revocation and informing the permittee of his/her appeal rights (including method and timeline for requesting appeal). The order shall also advise the licensee/permittee of the effective date of the revocation.
3. Effectiveness of Order. Any permit revoked pursuant to the provisions of this Chapter shall become effective, and the permittee shall cease all activities authorized under such permit, no later than ten (10) calendar days from the service of the order of revocation. Where an appeal is timely filed in accordance with the provisions of this chapter, the notice of revocation shall be stayed pending the City Manager’s resolution of the appeal pursuant to the provisions of this chapter.
M. Appeal of Permit Application Denial or Revocation of a Permit. The denial of any application for a permit, or the revocation of a City-issued permit, may be appealed to the City Manager, and such appeal shall be governed by the standards and procedures set forth in Section 19.12.040 of this Code. The applicant or permittee may seek prompt judicial review of such administrative actions or decision in a court of competent jurisdiction as provided by law, pursuant to Section 1094.6 of the California Code of Civil Procedure.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.050 Permissive zoning.
Nothing in this Chapter shall be interpreted to the effect that the City’s permissive zoning scheme allows any other use not specifically listed herein.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.060 Smoking.
A. No person shall smoke or ingest cannabis, whether for recreational or medical use, in any public place, including, but not limited to, a public right of way, alley, street, sidewalk, park, public building, structure or parking lot, or municipal airport.
B. Smoking of cannabis, whether for medical or recreational use, shall be prohibited in any building, structure, location, area or place where the Code currently prohibits the smoking of tobacco.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.070 Public nuisance.
A. Any violation of this Chapter is hereby declared a public nuisance and, as such, may be abated pursuant to Chapter 1.14 of this Code, or enjoined from further operation within the City of Chico.
B. All means of enforcement authorized under this Code may be used to address violations of this Chapter, including, but not limited to: civil penalties, nuisance abatement, civil actions, and/or administrative citations. The City’s pursuance of one remedy does not preclude the City from invoking any other one or more additional remedies for such violation.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.080 Violations.
A. No person owning, leasing, occupying or having charge, control, or possession of any premises within the City shall cause, allow, suffer, or permit such premises to be used in violation of this Chapter.
B. Except for Section 19.75.060, which shall be subject to an infraction pursuant to state law, any person violating any provision of this Chapter shall be guilty of a misdemeanor, and shall be subject to the penalty therefor, as set forth in Section 1.04.120 of this Code. Any such person shall be guilty of a separate offense for each and every day a violation of the provisions of this Chapter is committed, continued, or permitted to be continued by such person.
C. Any person violating any provision of this Chapter may also be subject to the issuance of administrative citations, pursuant to Chapter 1.15 of this Code.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.090 Effect on other ordinances.
The provisions of this Chapter shall control for regulation of cannabis activities as defined herein if other provisions of the Code conflict therewith. This Chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.100 Applicability of provisions - non-compliance.
A. The provisions of this Chapter shall apply to all personal cannabis cultivation, whether maintained prior to or after the effective date of any of the provisions of this Chapter. Those cannabis plants planted, cultivated, harvested, dried, or processed prior to the effective date of any provision enacted hereunder shall be brought into compliance with such provisions within thirty (30) calendar days of the effective date thereof.
B. Any private residence not brought into compliance within the aforementioned time period shall be deemed to be in violation of this Chapter and therefore subject to enforcement or abatement proceedings as authorized in this Chapter against any and all responsible persons.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.110 Severability.
If any section, subsection, sentence, or clause of this Chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)
19.75.120 Location limitations.
A. All commercial cannabis businesses shall be located in an approved land use district pursuant to Division IV of Title 19.
B. Distance Limitations:
1. The following distance limitations apply to commercial cannabis business types:
a. Testing laboratory: 100 feet from a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center;
b. Manufacturer: 100 feet from a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center;
c. Distributor: 100 feet from a school providing instruction in kindergarten or any grades I through 12, a day care center, or a youth center;
d. Retailer-Delivery Only: 100 feet from a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center:
e. Distance Limitation: Retailer-Storefront.
a. Retailer-Storefront uses shall be located at least:
i. 1,000 feet from a school providing instruction in any grades six (6) through twelve (12), and
ii. 600 feet from a school providing instruction in kindergarten or any grades one (1) through five (5), a day care center, or a youth center with primary youth center activities.
2. Calculation Methods.
a. A school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center shall for purposes of this section be known as a “sensitive receptor”;
b. Distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the sensitive receptor to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.
c. Only sensitive receptors in existence at the time the City receives a Commercial Cannabis Permit application from the proposed Retailer-Storefront shall be considered.
d. One or more of the following factors may be considered by the City to determine if the sensitive receptor was in existence at the time of the City’s receipt of the Commercial Cannabis Permit application:
i. The sensitive receptor is open and operating;
ii. The sensitive receptor has a Chico City Business Tax Certificate for the specific location and sensitive use;
iii. The sensitive receptor has submitted a Business Tax Certification application to the City for the specific location and sensitive use and is undergoing construction or other tenant improvements at the specific location in question; and
iv. Other factors that may indicate a sensitive receptor was in existence as determined by the Community Development Director.
e. Notwithstanding the foregoing, an application for a Commercial Cannabis Permit may be deemed in compliance with this Section if evidence is submitted, to the satisfaction of the Community Development Director, that the sensitive receptor will cease operation at the location prior to the issuance of a building permit for the Retailer-Storefront location.
(Ord. 2553; Ord. 2589 §4)
19.75.130 Operational Requirements - All Commercial Cannabis Uses.
A. Permit Required: All commercial cannabis businesses shall obtain and maintain a Commercial Cannabis Permit issued by the City of Chico pursuant to Title 5.42.
B. Compliance with City, Local and State Law. All commercial cannabis businesses shall comply with the standards set by State law, regulations and policies, and all city codes and resolutions, as well as any applicable requirements of the County of Butte.
C. Access Limited. For all commercial cannabis businesses, the general public is only allowed to access those areas of the premises which are identified in the site plan included with the Commercial Cannabis Permit as being open to public access. Only agents, applicants, managers, employees, and volunteers of the commercial cannabis permittee and agents or employees of the City, or other governmental agency are allowed in non-public access areas.
D. Hours of Operation:
a. Retailer-Storefront and Retailer-Delivery businesses may operate no earlier than 8:00 a.m. and no later than 9:00 p.m., unless otherwise more restrictive hours are stated in a Use Permit for such location, or unless zoning regulations specify more restrictive hours.
b. Manufacturers, distributors and testing laboratories may only accept commercial traffic to and from the premises between 8:00 a.m. and 7:00 p.m., unless zoning regulations specify more restrictive hours.
E. On-site Consumption Prohibited: Cannabis shall not be consumed by anyone on the premises in any form at any commercial cannabis business, unless explicitly authorized by a City ordinance, resolution, rule, regulation and/or pursuant to explicit terms of a Commercial Cannabis Permit, or City-approved Conditional Use Permit or Development Agreement.
F. Visibility: No manufacturing process, testing methodology, storage, or loading/ unloading cannabis or cannabis products, shall be visible from the exterior of any premises issued a Commercial Cannabis Permit. No cannabis or cannabis products shall be visible on part of any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
G. Inventory Tracking: Each commercial cannabis business shall have in place and at all times of operation of the business operate a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager or designee prior to being used by the permittee and be the same system as specified in their commercial cannabis business permit.
H. Compliance with California Law: All cannabis and cannabis products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State of California and local regulations. All activities related to the purchase, sales, delivery, distribution, cultivation, testing, and manufacture of cannabis or cannabis products shall be conducted in conformity with state law.
I. Contact Information: Each commercial cannabis business shall provide the City Manager with the name, telephone number (both landline and mobile) of an on-site manager or owner to whom emergency notice may be provided at any hour of the day.
J. Signage and Notices:
a. In addition to the requirements otherwise set forth in this section, or as a term or condition imposed in a Use Permit, business identification signage for a commercial cannabis business shall conform to the requirements of state law and the City of Chico City Code, including, but not limited to, the requirements for a City sign permit, or applicable zoning laws regulating signs.
b. Each commercial cannabis business premises shall be visibly posted with clear and legible notices indoors indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
K. Age Restrictions:
a. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business except as allowed under California law.
b. Persons under the age of twenty-one (21) years shall not be allowed to serve as a driver for a delivery service, except as allowed under California law pertaining to sales of cannabis for medicinal use.
c. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.
L. Odor Control.
a. Odor control devices and techniques shall be incorporated as needed in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site.
b. Commercial cannabis businesses shall provide sufficient odor control devices and techniques, including but not limited to an odor absorbing ventilation and exhaust system utilizing air scrubbers or charcoal filtration systems, so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, at any adjoining use of the property not part of the commercial cannabis premises, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business.
c. Commercial cannabis businesses shall install and maintain the following equipment, or other equipment which the City Engineer or Public Works Director or Building Official determines is a more effective method or technology, to address such odor control:
i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
ii. An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
d. All exhaust ventilation equipment is required to be appropriate for the use involved and must comply with the California Fire and Mechanical codes.
M. Display of Permit and City Business Tax Certificate. The original copy of the Commercial Cannabis Permit issued by the City pursuant to this Chapter, the City issued business license, and the state-issued Seller’s Permit, shall be posted inside the commercial cannabis business in a location readily-visible to any City, County or State employee, official, or agent authorized to enforce the City’s Code, or applicable cannabis-related laws.
N. Loitering Prohibited. The permittee of a commercial cannabis business shall prohibit loitering by persons outside on the premises, and is required to enforce same within its premises and adjacent public areas, including cooperating with the City’s law enforcement agency dispatched to enforce same. The placement and use of no loitering signage shall be included as part of any application submittal, and depicted on a business or operational plan.
O. Permits and other Approvals. Prior to the operation of a commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits and approvals from the relevant City or County department or division which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.
P. Adherence to Operating Procedures. Permittees shall adhere to all applicable operating procedures, including those submitted as part of the initial application process, and pursuant to those established in applicable State of California laws, regulations, and policies.
Q. Compliance with Disability Regulations. This Chapter does not exempt a commercial cannabis business from complying with all applicable local, State and federal laws and regulations pertaining to persons with disabilities.
R. Non-Discrimination. No commercial cannabis business may discriminate or exclude patrons in violation of local, State and federal laws and regulations.
S. Contact Information. Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide this information to all businesses and residences located within 300 feet of the commercial cannabis business.
T. Coordination Meetings. The owner, manager, and community relations representative from each commercial cannabis business holding a Commercial Cannabis Permit shall, if requested by the City Manager or designee, attend a quarterly meeting with the interested parties to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter.
U. Security Plan: Each business shall maintain on file with the City a security plan.
V. Restriction on Alcohol and Tobacco Sales, Dispensing or Consumption: No person shall cause, allow, or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco products on or about the premises of a commercial cannabis business, except as allowed under state law.
W. Restriction of On-site Consumption: No person shall cause, allow, or permit the consumption of cannabis on-site of any commercial cannabis business.
(Ord. 2553; Ord. 2589 §4)
19.75.140 Operational Requirements- Commercial Cannabis Retailer - Storefront.
A. On-site Supervision: All commercial cannabis storefront retailers shall have a manager on the premises at all times during hours of operation.
B. Delivery Services. Storefront retailers also providing delivery shall comply with the operational requirements pertaining to Retailer - Delivery Only businesses in Section 19.75.150.
C. Site Access. Entrances into the retailer storefront shall be controlled at all times with either security personnel or electronic/mechanical entry system. Adult use storefront retailers without medicinal cannabis sales shall verify the age of all customers to ensure persons under the age of 21 are not permitted on the premises. Adult use medicinal sales storefront retailers shall verify the age and possession of valid doctor’s recommendation of all customers to ensure persons under the age of 18 are not permitted on the premises.
D. Medicinal Cannabis.
a. Commercial cannabis storefront retailers selling medicinal cannabis shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and that the potential customer has a valid doctor’s recommendation;
b. Verify the identity and age of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the delivery only retailer; and
c. If a medicinal cannabis transaction,
i. Verify the validity of the qualified patient’s recommendation from a physician to use cannabis for medicinal purposes or primary caregiver’s status as a primary caregiver for the particular qualified patient, and
ii. Maintain a copy of the physician recommendation or Identification Card, as described in Health and Safety Code Sections 11362.71 through 11362.77, as may be amended from time to time, at its permitted business location for a period of not less than seven (7) years.
E. Physician Evaluations Prohibited: No physician shall be allowed at any time to evaluate patients or customers for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card where applicable.
F. Complimentary Promotions Prohibited. A non-medicinal cannabis storefront retailer may not give away, or donate specific devices, contrivances, instruments, or paraphernalia necessary for consuming cannabis products, including, but not limited to, rolling papers and related tools, pipes, water pipes, and vaporizers. A storefront retailer may not give away samples or cannabis products free of charge.
G. Required Notifications. All cannabis storefront retailers shall notify qualified patients, primary caregivers, and customers (verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15-point type within the permitted premises that state the following:
a. “The sale or diversion of cannabis or cannabis products without a permit issued by the City of Chico is a violation of State law and the Chico City Code.”
b. “Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest.”
c. “Patrons must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance.”
d. “Warning: the use of cannabis or cannabis products may impair a person’s ability to drive a motor vehicle or operate heavy machinery.”
e. “CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis- derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer.”
H. Location of Products. All cannabis concentrate inhaled products, including but not limited to, dabs, shatter, budder, wax, and butane hash oil, shall be stored behind the retail counter and out of the reach of customers at all times except when being handled by an employee during a sales transaction.
I. Added Artificial Flavor Prohibited. Retailers shall not sell cannabis products which contain an added characterizing flavor. For purposes of this Chapter, “characterizing flavor” means a taste or aroma, other than the taste or aroma of cannabis, imparted either prior to or during consumption. This includes, but is not limited to, tastes or aromas relating to food or drink of any sort; menthol; mint; wintergreen; fruit; chocolate; vanilla; honey; candy; cocoa; dessert; alcoholic beverages; herbs; or spices. Flavor agents consisting of terpenes of cannabis shall not be considered an added characterizing flavor. Such prohibition shall not apply to cannabis products which are manufactured as edible or topical products.
J. Educational Materials. A cannabis storefront retailer shall provide written educational materials to all customers:
a. Regarding each product sold, with information regarding the name and type of product, instructions for use, and expected effects.
b. Regarding all edible cannabis products and cannabis concentrate products sold to a customer, which shall include information on safe storage and use of the product, warnings against child access and exposure to the product, and warnings of potential side effects concerning brain development of individuals under the age of twenty-five years and potential harm to pregnant women.
K. Training Required: A cannabis storefront retailer shall require all employees who interact with public customers, as well as all management staff, to complete training to ensure competency of employees for their assigned functions within the first year of the retailers’ first year of operation, and within one year of each employee’s hire date thereafter. The retailer shall maintain records showing completion of each employee’s training for a period of two years and provide such records to the City Manager or his/her designee upon request.
(Ord. 2553; Ord. 2589 §4)
19.75.150 Operational Requirements- Commercial Cannabis Retailer-Delivery Only.
A. Point of Sale System. A cannabis delivery retailer shall facilitate the dispensing of cannabis or cannabis products with a technology platform owned by or licensed to the delivery retailer that uses point-of-sale technology to track and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the applicant and qualified patient, primary caregiver, or customer:
a. The identity of the individual dispensing cannabis or cannabis products on behalf of the permittee;
b. The identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the permittee;
c. The type and quantity of cannabis or cannabis products dispensed and received; and
d. The gross receipts charged by the licensee and received by the individual dispensing cannabis or cannabis products on behalf of the permittee for the cannabis or cannabis products dispensed and received.
B. Security Plan. Security plans developed pursuant to this Chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.
(Ord. 2553; Ord. 2589 §4)
19.75.160 Operational Requirements- Commercial Cannabis Manufacturer.
A. Visibility of Manufacturing Processes. From a public right-of-way, there shall be no exterior evidence of cannabis manufacturing allowed on the premises, except for any signage authorized by this Code.
B. Use of compressed gas. Any compressed gases used in the manufacturing process shall be approved by the Fire Chief. Any compressed gases shall not be stored on any property within the City of Chico in containers that exceed the amount approved by the Fire Chief. Each site or parcel subject to a Commercial Cannabis Permit shall be limited to a total number of tanks as authorized by the Fire Chief on the property at any time.
C. Use of solvents. Any solvents used in the manufacturing process shall be approved by the Fire Chief. Cannabis Manufacturers using solvents or gases for extraction shall use N-butane, isobutane, propane, or heptane, or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the Fire Chief. These solvents must be of at least ninety-nine percent purity and procedures showing that any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
D. Use of Gas Extraction Systems. If an extraction process uses a professional grade closed loop CO2 gas extraction system, every vessel must be certified by the manufacturer for its safe use.
a. Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
b. Certification from an engineer licensed by the State of California must be provided to the Fire Chief for a professional grade closed loop system used by any commercial cannabis manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
i. The American Society of Mechanical Engineers (ASME);
ii. American National Standards Institute (ANSI);
iii. Underwriters Laboratories (UL); or
iv. The American Society for Testing and Materials (ASTM).
c. Certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified.
E. Fire Chief Approval. Professional closed loop systems, other equipment used, the extraction operation, and all related facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in Building and Fire Codes, as adopted by the City.
F. Approved Non-solvent/gas Manufacturing Methods. Cannabis Manufacturers may use:
a. Heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create kief, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
b. Food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts.
G. Ethanol Recapture. Ethanol shall be removed from all extracts in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
H. Procedures and Protocols. Cannabis Manufacturers creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
I. Training. Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, must have direct access to applicable material safety data sheets and handle and store the solvents and gases safely. Training materials and records shall be presented to the City upon request.
J. Assurance Testing. Parts per million for one gram of finished extract cannot exceed State standards for any residual solvent or gas when quality assurance tested.
K. Added Artificial Flavor Prohibited. Cannabis manufacturers shall not manufacture cannabis products which contain an added characterizing flavor. For purposes of this Chapter, “characterizing flavor” means a taste or aroma, other than the taste or aroma of cannabis, imparted either prior to or during consumption. This includes, but is not limited to, tastes or aromas relating to food or drink of any sort; menthol; mint; wintergreen; fruit; chocolate; vanilla; honey; candy; cocoa; dessert; alcoholic beverages; herbs; or spices. Flavor agents consisting of cannabis terpenes shall not be considered an added characterizing flavor. Such prohibition shall not apply to cannabis products which are manufactured as edible or topical products.
L. Annual California Fire Code Operational Permit. Cannabis manufacturers shall obtain annually and keep current at all times a Fire Code Operational Permit.
M. Sprinkler System. An automatic sprinkler system shall be installed throughout all buildings containing cannabis manufacturing uses, including but not limited to oil extraction operations and cannabis-infused product kitchens/bakeries.
N. Fire Alarm System. An automatic fire alarm system shall be provided through building containing cannabis manufacturing uses, including but not limited to oil extraction operations and cannabis-infused product kitchens/bakeries. The installed fire alarm system shall meet the requirements of emergency voice/alarm communication systems required by the California Fire Code and shall be designed and installed in accordance with National Fire Protection Association standards.
O. Fire Department Access. A key box shall be installed at an approved location to allow immediate access to the premises in the event of an emergency for life-saving and fire-fighting purposes, due to the potential hazards associated with manufacturing facilities. The box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official.
(Ord. 2553; Ord. 2589 §4)
19.75.170 Operational Requirements- Commercial Cannabis Distributor.
A. Visibility. From a public right-of-way, there shall be no exterior evidence of cannabis distribution except for any signage authorized by this Code.
B. Tamper Resistant Packaging. A cannabis distributor shall only procure, sell, or transport cannabis or cannabis products that are packaged and sealed in tamper-evident packaging that uses a unique identifier, such as a batch and lot number or bar code, to identify and track the cannabis or cannabis products.
C. Recyclable Materials. A cannabis distributor shall minimize materials that are non-recyclable or non-reusable.
D. Distribution Personnel.
a. A cannabis distributor shall maintain a database and provide a list of individuals and vehicles authorized to conduct transportation on behalf of the permittee, pursuant to the Commercial Cannabis Permit, within the City.
b. Individuals authorized to conduct transportation on behalf of the cannabis distributor shall have a current and valid California Driver’s License.
c. During transportation, the individual conducting transportation on behalf of the cannabis distributor shall maintain a copy of the Commercial Cannabis Permit and shall make it available upon the request of agents or employees of the City requesting documentation.
E. Distribution Vehicle. Cannabis or cannabis products shall be transported only in a vehicle that is:
a. Insured at or above the legal requirement in California,
b. Capable of securing (locking) the cannabis or cannabis products during transportation, and
c. Capable of being temperature controlled if perishable cannabis products are being transported.
(Ord. 2553; Ord. 2589 §4)
19.75.180 Operational Requirements- Commercial Cannabis Testing Laboratory.
A. Cannabis testing shall take place within an enclosed building.
B. From a public right-of-way, there shall be no exterior evidence of cannabis testing except for any signage authorized by this Code.
C. All cannabis testing shall be performed in accordance with State law.
D. A cannabis testing laboratory shall adopt a standard operating procedure using methods consistent with general requirements established by the International Organization for Standardization, specifically ISO/IEC 17025, to test cannabis and cannabis products, and shall operate in compliance with the law.
E. A cannabis testing laboratory shall be accredited by a body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement.
F. A cannabis testing laboratory shall establish standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing.
G. A cannabis testing laboratory shall destroy the remains of samples of any cannabis or cannabis product upon completion of analyses. Destruction shall be done in a manner compliant with State law and regulations.
H. Any testing that requires the use of solvents, compressed gas, or gas extraction systems for extraction must comply with the requirements for manufacturers in Section 19.75.160.B-I Operational Requirements-Cannabis Manufacturers.
(Ord. 2553; Ord. 2589 §4)
19.76.010 Purpose.
This chapter provides site planning and development standards for land uses that are allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in individual or multiple zoning districts including residential, commercial, and manufacturing districts.
(Ord. 2185)
19.76.020 Accessory uses and structures.
A. Accessory Uses. An accessory use shall be allowed only in conjunction with a main use to which it relates under the same regulations as the main use in any zoning district.
B. Commercial and Industrial Accessory Uses and Structures. Commercial and industrial accessory uses and structures may be permitted in compliance with Chapter 19.18 (Architectural Review and Site Design) and are subject to the following general requirements:
1. All detached accessory structures are subject to the development standards established by the applicable zoning district including setbacks, height, and site coverage. Detached accessory structures shall be architecturally compatible with, and located to the rear or sides of, primary structures.
2. Detached or portable storage units and refrigeration facilities are subject to the following standards:
a. Located to the rear or sides of primary structures and screened from public views.
b. May not exceed 10 percent of the gross floor area of the primary structure.
c. Allowed for a maximum of 12 months unless placed within a permanent outside storage yard in compliance with Section 19.60.060 (Fencing and screening).
C. Accessory Retail Uses. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the site. Access to any space used for the accessory retail use shall be from within the structure.
D. Residential Accessory Uses and Structures. When allowed, specific residential accessory uses and structures are subject to the provisions of this section. Residential accessory structures include any structure that is customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, and similar structures.
1. General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
a. Relationship of Accessory Use to Main Use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.
b. Attached Structures. Where an accessory structure is attached to the main structure in a substantial manner, as by shared roofline or wall, such accessory structure shall be considered part of the principal structure.
c. Detached Structures. Where an accessory structure is detached, it shall comply with all the requirements of this chapter:
(1) Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property.
(2) Setback Requirements. Setback requirements shall be as provided by Table 5-9 (Required Setbacks - Accessory Uses and Structures).
(3) Breezeway Requirements. A breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling when designed and constructed as a covered passageway which does not exceed 10 feet in width and has at least one side open, except for necessary supporting columns. For the purposes of this chapter, a breezeway shall not constitute attachment of an accessory structure to the main dwelling as a sole means of connection.
(4) Coverage. Detached accessory structures shall be calculated in the overall site coverage.
(5) Deed Restriction. In order to insure code compliance and prohibit the illegal conversion of residential accessory structures to Accessory Dwelling Units, all applicants must provide to the satisfaction of the Director, a recorded document stating the intended use of the accessory structure is not to be a dwelling unit and that any future conversion to a dwelling unit shall be done so in compliance with Section 19.76.130 (Accessory Dwelling Units).
2. Antennas. Antennas are subject to the provisions of Chapter 19.78 (Wireless Telecommunications Facilities).
3. Garages. A detached garage shall have direct vehicular access on an improved all-weather surface from the public right of way and shall not occupy more than 700 square feet for each dwelling unit, including any workshop or storage space within the garage. A larger floor area may be authorized by the Director with an administrative use permit, in compliance with Chapter 19.25. The floor area of a garage that is attached to a main structure is not limited, except by overall site coverage limits, and building or fire code.
4. Guest Houses. See Section 19.76.100 (Guest houses).
5. Home Occupations. Home occupations are subject to the requirements of Chapter 19.20 (Home Occupation Permits).
6. Accessory Dwelling Units. Regulations for residential accessory units are located in Section 19.76.130 (Accessory dwelling units).
7. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas, and hot tubs are allowed as accessory uses to approved residential uses on the same site, subject to the following provisions:
a. Limitation on Use. The pool is to be used solely by occupants of the dwellings on the same site and their invited guests.
b. Fencing. The swimming pool shall be secured by fencing and/or building walls to prevent uncontrolled access by children, in compliance with Title 16R (Building Standards).
c. Reduced front or side yard setbacks may be permitted through the use permit process in accordance with Section 19.60.090 F.
8. Tennis and Other Recreational Courts. Non-commercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use are subject to the following requirements:
a. Fencing. Recreational court fencing shall comply with all building code requirements.
b. Lighting. Court lighting shall not exceed a maximum height of 16 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 19.60.050 (Exterior lighting).
Single-Family Detached Homes | ||||
Accessory Use/Structure | Type of Setback (1) | Required Setback (2) | Height Limits | Size Limits |
Gazebo, trellis, greenhouse, patio cover, storage shed, workshop, recreation room | Side Street side Rear | 3 ft. 10 ft. or as required for main structure. 5 ft.; 0 ft. for structures adjacent to an alley. | 15 ft. 25 ft. with use permit approval | 25% of the size of the main structure. (4) |
Garage or carport | Front Side Street side Rear | 20 ft. (3) 4 ft. 10 ft. or as required for main structure. 5 ft. (5)
| 15 ft.; 25 ft. with use permit approval; 25 ft. for garages with a second-floor dwelling unit; | 700 sq. ft. |
Swimming pool, spa, pool and spa equipment, outdoor play equipment, stationary barbecue, fire pit, air conditioning equipment, ground-based antennas, ground-mounted solar arrays | Side Street side Rear | 3 ft. As required for main structure. 3 ft. (See also 19.60.090 F.4)
| ||
Multi-Family, Attached/Detached | ||
Accessory Use/Structure | Type of Setback (1) | Required Setback (2) |
Air conditioning equipment, pool and spa equipment, ground- based antennas | Side Street side Rear | 3 ft. As required for main structure. 3 ft. |
Gazebo, trellis, greenhouse, patio cover, storage shed, workshop, recreation room | Side Street side Rear | 3 ft. 10 ft. or as required for main structure. 5 ft. |
Garage or carport (3) | Front Side Street side Rear | 20 ft. 4 ft. 10 ft. or as required for main structure. 5 ft. |
Swimming pool, spa, outdoor play equipment (See also 19.60.090 F.4) | Front Side Street side Rear | 5 ft. 3 ft. As required for main structure. 5 ft. |
Stationary barbecue, fire pit | Front Side Street side Rear | 3 ft. 3 ft. 3 ft. 3 ft. |
Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director.
(2) In no case shall a structure, projection, or equipment be placed or occur beyond the property lines of the subject parcel. No accessory structures shall be located in a front yard setback or closer than 10 feet from any property line adjoining a public street.
(3) To ensure an adequate space for off-street parking in residential zoning districts, the face of a garage entrance, situated approximately parallel to the lot line, shall be set back a minimum of 20 feet from the property line providing driveway access.
(4) Additional floor area may be approved with an administrative use permit.
(5) Garage may be located on rear or side property line abutting an alley where the Director determines that adequate turning radius and backup area will be provided.
(Ord. 2397 §13, Ord. 2435 §42, Ord. 2439 §188, Ord. 2519 §30)
9. Workshops, Studios, Greenhouses, or Recreation Rooms.
a. Limitation on Use. An accessory structure may be constructed or used as a workshop, studio, greenhouse, or recreation room in any residential zoning district solely for hobbies or amusements; for maintenance of the main structure or yards; for horticulture; for artistic endeavors, including painting, photography, or sculpture; for maintenance or mechanical work on vehicles owned or operated by the occupants; or for other similar purposes; and
b. Floor Area. A workshop, studio, greenhouse, or recreation room shall not occupy an area larger than 25 percent of the floor area of the main structure and shall comply with site coverage requirements. Additional floor area may be approved with an administrative use permit, in compliance with Chapter 19.25 (Administrative Use Permits).
(Ord. 2185; Ord. 2243, Ord. 2364 §399, Ord. 2435 §41, Ord. 2494 §48, Ord. 2511, §13, Ord. 2519 §30, Ord. 2600)
19.76.030 Adult entertainment businesses.
A. Purpose. This section provides standards for the location, development, and operation of adult entertainment businesses.
B. Definitions. The following terms are defined for the purposes of this section and are organized in alphabetical order.
Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Book/Video Store. An establishment which has as a substantial or significant portion (25 percent or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult Cabaret. Nightclub, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion (25 percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Establishment of an Adult Entertainment Business. Includes any of the following:
1. The opening or commencement of any adult entertainment business as a new business;
2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
4. The relocation of any adult entertainment business.
Massage Parlor. Any business where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas.
Removal of Clothing. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed.
Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the State engages in sexual therapy.
Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, female breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified Sexual Activities. Includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. All sex acts, actual or simulated;
3. Masturbation, actual or simulated; or
4. Excretory functions alone or as part of or in connection with any of the activities described in items 1 through 3 above.
C. Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards.
1. Employees Required. It shall be the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises.
2. Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.
3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).
4. Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities:
a. No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 6 feet from the nearest area occupied by patrons, and no patron shall be allowed within 6 feet of the stage while the stage is occupied by an entertainer;
b. The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and
c. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum 3-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.
5. Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business.
6. Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within:
a. 1,000 feet of another similar business;
b. 1,000 feet of any religious institution, school, or public park; or
c. 300 feet of any property designated for residential use or used for residential purposes.
The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes.
7. Signs. All on-site signs shall be in compliance with Chapter 19.74 (Signs).
8. Viewing Area.
a. It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.
b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.
c. It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.
D. Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.
(Ord. 2185; Ord. 2223)
19.76.040 Animal keeping.
A. Household Pets. Household pets may be kept as an accessory use of residential property, provided they are kept in a humane and sanitary manner and in compliance with the provisions of this section.
B. Dogs. No more than three dogs over the age of three months shall be kept or maintained at any one place of residence, as designated by a single street address number in the City.
C. Bees. The keeping of honey bees is permitted in the RS and R1 zoning districts as a form of small animal keeping subject to the following standards to minimize impacts to nearby residents or the public:
1. A maximum of one hive shall be allowed for each ten thousand (10,000) square feet of lot area;
2. Hive(s) shall be registered with the Butte County Agricultural Commissioner;
3. An adequate fresh water supply shall be available for the bees on the subject parcel at all times;
4. The location of the hive(s) shall not be less than 100 feet from any public right-of-way or any occupied structure other than that of the occupant of the subject parcel.
5. All hive(s) shall be located at least six feet above ground, or an adequate flight dispersing barrier, such as a fence or landscaping of at least six feet in height, must be constructed and maintained around the hive(s); and
6. The hive(s) shall be maintained in compliance with state law and kept free of diseases and pests.
D. Offensive Animals. No persons shall keep, maintain, or have in their possession on any property owned or controlled by them any household pets or any other animals in a manner, number, or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor.
E. Site Requirements.
1. The number of animals which may be kept on a parcel is limited, as shown in Table 5-10, by the parcel's site area, exclusive of occupied structures and structures required by this section. Animals may be kept within an enclosure anywhere within the site area and are not required to have access to the entire site area.
2. Bulls, cows, goats, hogs, horses, pigs, and sheep shall not be kept within 25 feet of any side property line, nor within 50 feet of any adjacent street or occupied residences; and
3. Small animals shall not be kept within 20 feet of any occupied residences on adjacent parcels and may be kept within 10 feet of the owner’s occupied residence. Roosters shall not be allowed in the RS, R1, and TND zoning districts.
4. Storage of food for animal keeping shall be kept in sealed containers located in a dry, secure environment that prevents disturbance or infestation from stray animals, vermin, insects or any other source of contamination.
(Ord. 2223, Ord. 2358 §16, Ord. 2440 §49)
Land Use | Type of Animal Allowed | Minimum Site Area Required |
Large Animals | Horses, cattle, or hogs | 8,000 sq.ft. per animal |
Sheep or goats | 2,000 sq.ft. per animal | |
Other allowed large animals | 2,000 sq.ft. per animal | |
Small Animals | Poultry, rabbits, miniature pot-bellied pigs, and other similarly allowed small animals | 100 sq.ft. per animal not within 20 feet of occupied residences on adjacent parcels; 10 sq. ft. per animal within 10 feet of owner’s residence. |
(Ord. 2494 §49)
19.76.050 Bed and breakfast inns.
Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure that compatibility between the B&B and any adjacent residential zoning districts or uses is maintained and enhanced.
B. Specific Standards. The following standards shall apply:
1. Residential and TND zoning districts. No more than five rooms for rent shall be allowed under a use permit;
3. Architectural Review. Architectural review shall be required if exterior changes are proposed, including, but not limited to, new parking areas.
C. Appearance. The exterior appearance of the structure housing the B&B, located in any residential zoning district, shall not be altered from its original single-family character.
D. Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. There shall be no separate or additional kitchens for guests.
E. Business License Required. A current business license shall be obtained and posted, in compliance with Chapter 3.32 (Business License Law) of the Municipal Code.
F. Transient Occupancy Tax. All B&Bs shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.52 (Transient Occupancy Tax) of the Municipal Code
(Ord. 2185, Ord. 2358 §17)
19.76.060 Large family day care homes.
This section establishes standards for large family day care homes in compliance with State law, including the limitations on the City's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of these Regulations and any requirements imposed by the California Department of Social Services through its facility licensing. Licensing by the Department of Social Services is required for all large family day care homes.
A. Permit Procedures. Permit processing for large family day care homes shall be subject to the following:
1. Permit Requirement. A large family day care home shall require the approval of a non-discretionary large family day care home permit by the Director.
2. Criteria for Approval. A large family day care home permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this section; and
3. Administrative Use Permit. Director may approve an administrative use permit, in compliance with Chapter 19.25, authorizing operation of a large family day care home which does not comply with and/or cannot be operated in compliance with the standards in this section.
B. Location, Site Planning, and Operational Standards.
1. No large family day care home shall be located within 300 feet of another.
2. Parking standards:
a. Where the large family day care home is located on a parcel having less than 22 feet of legally permitted on-street parking along the frontage of the parcel, or is located within a preferential parking area, the home shall provide one additional parking space. The driveway of a large family day care home may serve to meet the required off-street parking spaces and/or the drop off area.
b. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter 19.70 (Parking and Loading Standards). Any home located on a four-lane arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles exiting the site may do so in a forward manner.
c. One additional parking space shall be provided for each employee.
4. The home shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the City Fire Department.
5. In order to protect adjacent residential dwellings from noise impacts, a large family day care home within any residential zoning district may only operate up to 14 hours per day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
6. Each home shall be inspected by the City for compliance with the Uniform Housing Code and any regulations adopted by the State Fire Marshal which are applicable to large family day care homes.
(Ord. 2185; Ord. 2243; Ord. 2358 §18; Ord. 2397 §14, Ord. 2440 §50, Ord. 2519 §31)
19.76.070 Drive-in and drive-through facilities.
Any retail trade or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner:
A. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility, and be emphasized by enhanced paving or markings.
B. Drive-through aisles shall have a minimum 15-foot interior radius at curves and a minimum 10-foot width. Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, or the maximum distance feasible measured at the closest intersecting curbs, and at least 25 feet from the curb cut on the adjacent property, unless otherwise approved by the Director. Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.
C. Each drive-through aisle shall provide sufficient stacking area at a minimum of 20 feet per vehicle in advance of the service window or automated teller machine (ATM), to accommodate a minimum of four vehicles for pharmacies, banks, and financial services or six vehicles for all other drive-through uses.. In lieu of this standard, an interior traffic study which models vehicular queuing may be prepared for City staff review. The stacking area shall not interfere with other on-site circulation and parking facilities.
D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
E. All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical equipment shall be screened from ground-level view from adjacent properties or public rights-of-way.
F. Menu boards shall not exceed 24 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned parcel. Noise levels measured at the property line of a drive-in or drive-through facility shall not increase the existing ambient noise levels in the surrounding area.
G. Each drive-through aisle shall be include a combination of landscaping, low walls, and/or berms to prevent headlight glare and to reduce visibility of vehicles from impacting adjacent streets and parking lots.
H. An 8-foot-high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned parcel. The design of the wall and the proposed construction materials shall be subject to architectural review.
(Ord. 2185, Ord. 2440 §51, Ord. 2494 §50, Ord. 2610)
19.76.080 Low barrier navigation centers.
The purpose of this chapter is to implement the provisions of Government Code Section 65660 et seq. relating to low barrier navigation centers.
A. Definitions. For purposes of this chapter, the following definitions shall apply:
1. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
2. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
b. Pets;
c. The storage of possessions; or
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
3. "Low barrier navigation center" means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
B. Allowed zones. Low barrier navigation centers shall be permitted as an allowed use in the following zones provided they meet the requirements of subsection C.:
1. Areas zoned for mixed use; and
2. Nonresidential zones permitting multi-family residential uses.
C. Requirements. A low barrier navigation center shall meet the following requirements:
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
D. Application procedures. An application shall be submitted to the planning division of the community development department. The city shall act within sixty days of receipt of a completed application.
E. Effective date. This section shall remain in effect until January 1, 2027, or as amended by Government Code Section 65660.
(Ord. 2610)
19.76.090 Gas stations.
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), gas stations require use permit approval in compliance with Chapter 19.24, and shall be constructed and operated in the following manner:
A. New Gas Stations. New gas stations shall comply with the following standards, in addition to the standards contained in Subsection B (Modification or Expansion of an Existing Gas Station), below:
1. A maximum of two gas stations shall be allowed at each intersection.
2. The minimum site area shall be 15,000 square feet.
3. The minimum frontage shall be 100 feet on each street.
4. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance. When the property line is a street right-of-way line, at least 3 feet in width along the line shall be landscaped. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.
5. There shall be no more than two vehicular access points to or from adjacent public rights-of-way.
6. There shall be a minimum distance of 30 feet between curb cuts along a street frontage.
7. Landscaping shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Chapter 19.68 (Landscaping Standards):
a. Landscaping shall cover a minimum of 10 percent of the gas station site area, exclusive of required setbacks.
b. A minimum 5-foot-wide, inside dimension, and 6-inch-high curbed landscaped planter area shall be provided along the front property lines, except for openings to facilitate vehicular circulation to adjacent properties, and along side and rear property lines adjoining residentially zoned properties. Where adjoining a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas which shall be a minimum of 6 feet wide, inside dimension.
c. An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location.
d. Additional landscaping may be required by the Zoning Administrator or if applicable the Board, to screen the gas station from adjacent properties.
8. All exterior light sources, including perimeter, and flood, shall be energy-efficient, stationary, and shielded to ensure that all light is directed away from adjacent properties and public rights-of-way. All canopy lights shall be fully recessed. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 19.60.050 (Exterior lighting).
9. Openings of service bays shall be designed to minimize the visual intrusion onto adjacent properties.
10. A gas station which adjoins property in a residential zoning district shall provide a 6-foot-high decorative masonry wall along the common property line, compatible with on-site development and adjacent properties, subject to architectural review.
B. Modification or Expansion of an Existing Gas Station. Any modification or expansion of an existing gas station shall comply with all of the following standards:
1. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:
a. The dispensing of petroleum products, water, and air from pump islands;
b. The provision of emergency service of a minor nature; and
c. The sale of items via vending machines which is subject to Section 19.76.120.
2. No vehicle may be parked on sidewalks, parkways, driveways, or alleys;
3. No vehicle may be parked on the premises for the purpose of vehicular sales;
4. All on-site signs shall be in compliance with Chapter 19.74 (Signs);
5. No used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles shall be located in any open area outside of the main structure;
6. Noise from bells, loudspeakers, or tools shall be in compliance with Section 19.60.080 (Noise) and shall not be audible from residentially zoned parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10: 00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays;
7. Gas stations may receive used motor oil for subsequent recycling and removal, subject to approval by the City Fire Department; and
8. Where an existing gas station adjoins property in a residential zoning district, a 6-foot-high decorative masonry wall may be required along the common property line as a condition of use permit approval for any on-site improvement, expansion or modification, if such a condition is necessary for land use compatibility.
(Ord. 2185; Ord. 2223, Ord. 2440 §52)
19.76.100 Guest houses.
A guest house may have direct access to the main dwelling but shall not provide any required housing features of the main dwelling. A guest house is intended to provide temporary(30 days or less) quarters within a detached residential accessory structure, located on the same premises with the main dwelling, for use by guests of the occupants of the premises, and shall not be rented or otherwise used as a separate dwelling.
A. Purpose. The purpose of this section is to regulate the placement, size, use, and allowance of guest houses within the City.
B. Development Standards. The location and construction of guest houses shall comply with the following standards:
1. Only one guest house shall be allowed on a single parcel of record;
2. The guest house shall:
a. Not be provided with separate metered utilities or a separate address;
b. Not contain more than one bathroom;
c. Not contain a kitchen or other cooking facilities, including a microwave oven, hot plate, or toaster oven;
d. Not exceed 250 square feet of livable floor area;
e. Not exceed the allowable site coverage for the zoning district;
f. Not be separately rented or leased from the main dwelling, whether compensation is direct or indirect;
g. Be designed to ensure visual harmony, consistency, and compatibility with the main dwelling on the site and with other residential structures in the area; and
h. Not exceed 15 feet in height or be more than one story. A use permit approved in compliance with Chapter 19.24 may authorize a greater height when the guest house is proposed over a one-story structure, including a detached garage, and when the guest house will provide visual harmony, consistency, and compatibility with the main dwelling.
(Ord. 2185, Ord. 2440 §53, Ord. 2494 §52)
19.76.110 Mobile homes and manufactured housing.
Mobile homes and manufactured housing units may be located outside of mobile home parks only when installed on and secured to an approved permanent perimeter foundation.
(Ord. 2185, Ord. 2494 §53)
19.76.120 Outdoor retail sales and activities.
Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area, shall comply with the following standards:
A. Temporary Outdoor Retail Sales and Activities. The temporary outdoor display of merchandise shall comply with the following standards:
1. Temporary Uses. Temporary outdoor sales are subject to Chapter 19.22 (Temporary Uses).
2. Duration of Sales. The sales shall be of a temporary nature, lasting not longer than a total of six months.
3. Maximum Sales Area. The area devoted to temporary outdoor sales shall not exceed the following:
a. CC and CN and ML districts: 2 1/2 percent of the gross floor area of the structure occupied by the business; and
b. CS and CR districts: 5 percent of the gross floor area of the structure occupied by the business.
B. Permanent Outdoor Retail Sales and Activities. The permanent outdoor display of merchandise shall comply with the following standards:
1. Location of Sales Area. The shall occupy a fixed and approved location that does not disrupt the normal function and safety of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. The outdoor sales shall be located entirely on private property and outside of any required setback. A minimum setback of 10 feet from any public right-of-way is required.
2. Adjacent to a Public Right-of-Way. Outdoor sales areas adjacent to public rights-of-way shall be screened with decorative solid walls, fences, or landscaped berms, a minimum of 36 inches high and merchandise displays shall not exceed a height of three feet above finished grade.
3. Outdoor Vending Machines. Outdoor vending machines, as defined in Chapter 19.04 (Definitions), are subject to the performance standards below.
a. Accessory Use. Outdoor vending machines shall be an accessory use to an approved primary use and may not be located on an unimproved lot.
b. Location.
(1) Building Frontage. Outdoor vending machines are permitted along the building frontage that includes the primary business entrance. Where the primary business entrance is located at the building corner, outdoor vending machines will be permitted on only one side of the building.
(2) Clear Path of Travel. Outdoor vending machines shall not obstruct pedestrian pathways, driving aisles, parking spaces, or any areas necessary for proper pedestrian or vehicular circulation or loading activities. A clear path of travel at least four feet wide must be provided around outdoor vending machines.
(3) Public Rights-of-Way. Outdoor vending machines shall not be installed in, or within four feet of, the public right-of-way, or located in such a manner as to encourage or require customers to stand or park in the right-of-way in order to use the machine.
(4) Architectural Review. The placement of outdoor vending machines shall be considered as part of the architectural review process for new development. Outdoor vending machines installed subsequent to an approved project shall be considered a modification to an approved project and subject to section 19.18.070 (Conformance to Plans).
c. Area. The area occupied by outdoor vending machines may not exceed 10 percent of the width of the building frontage along which they are located, nor shall the combined area of all vending machines at any one site exceed 32 square feet.
d. Signage and Window Coverage. No more than 25 percent of a window area may be covered with signage or outdoor vending machines combined. Sign copy on outdoor vending machines shall be limited to the exterior panels of the machine and shall only advertise the product or service provided by the machine.
e. Design and maintenance.
(1) Utility Connections. Any required exposed conduits, pipes, or utility connections shall be secured to the building and painted, or otherwise screened, to match the building exterior, and shall not bridge a span greater than 18 inches.
(2) Maintenance. All outdoor vending machines shall be maintained in a clean, working and attractive condition. If the outdoor vending machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
C. General Requirements. The following requirements shall apply to all (temporary and permanent) outdoor retail sales and activities:
1. Signs. There shall be no signs visible from the public street in addition to those allowed by Chapter 19.74 (Signs).
2. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 7 feet above finished grade for a single display item. Stacked displays may not exceed a height of 6 feet above finished grade.
3. Relationship to Main Use. Outdoor sales shall be directly related to a business establishment on the parcel. The use of the property shall comply with the standards for the zoning district.
4. Review and Approval Required. Any use proposing permanent outdoor merchandise display or other outdoor business activities shall be subject to review and approval, in compliance with Chapter 19.18 (Architectural Review).
5. Outdoor Storage Areas. Outdoor storage areas are subject to the regulations of Section 19.60.060(H)(3) (Outdoor Storage and Work Yards). Temporary outdoor storage areas are not subject to screening requirements.
D. Exceptions. The provisions of this section do not apply to the following:
1. Sales or distribution of newspapers or periodicals in compliance with the provisions of the Municipal Code.
2. Sales from the public right-of-way in compliance with the provisions of the Municipal Code.
3. Temporary sales not within a structure or enclosed area, in compliance with Chapter 19.22 (Temporary Uses).
4. Sales of seasonal agricultural food products and flowers on private, non-residential property, not to exceed 6 months annually.
(Ord. 2185, Ord. 2427 §53, Ord. 2440 §54, Ord. 2494 §54)
19.76.130 Accessory dwelling units.
The following definitions, permit requirements and development standards shall apply to accessory dwelling units.
A. Definitions. In addition to the definitions set forth in Chapter 19.04, the following words and phrases shall have the following meanings respectively ascribed to them in this section.
1. "Accessory dwelling unit" (ADU) means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons on the same parcel as the main dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the following:
a. An efficiency unit, defined as a dwelling unit which contains a minimum of 150 square feet in living space, a separate closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower, or as otherwise defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, defined as a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, or as otherwise defined in Section 18007 of the Health and Safety Code.
2. "Junior Accessory Dwelling Unit" (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. JADUs shall include a separate entrance from the main entrance to the proposed or existing single-family residence and shall be equipped with an efficiency kitchen providing cooking appliances and a food preparation area of reasonable size. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. In accordance with State law, a junior accessory dwelling unit shall be owner-occupied.
B. General requirements. Where a single-family or multi-family use is a permitted use or lawfully exists, a proposed ADU shall comply with all the development standards of this section. Applicants for accessory dwelling units may seek zoning clearance for a site plan depicting a proposed ADU or may directly apply for building permits and compliance with these standards shall be assessed in conjunction with building permit review.
1. ADUs or JADUs may be rented for the purpose of overnight lodging for terms of thirty or more consecutive days but shall not be rented or subleased for shorter terms.
2. Neither the main dwelling nor the ADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 66341.
3. The provisions of this section shall not apply to property that has been subdivided as a result of an urban lot split and developed with two primary units pursuant to Section 19.76.220 of this Code.
C. Development Standards.
1. Number of Units Allowed (Single-Family). The following standards are applicable to ADUs and JADUs proposed on single-family residential properties.
a. One attached ADU; or
b. One detached ADU and/or one JADU.
2. Number of Units Allowed (Multi-Family). The following standards are applicable to ADUs proposed on multi-family residential properties.
a. A number of detached ADUs equivalent to the number of existing units on the property, up to a maximum of eight detached ADUs; and,
b. A number of interior ADUs not to exceed 25 percent of the number of existing multi-family units or one, whichever is greater, may be created within portions of the existing multi-family dwelling structures that are not used as livable space, provided that the unit complies with the California Building Code.
3. Types of ADUs. An ADU may be either attached, detached, or converted, as described below:
a. Attached. An attached ADU is a newly constructed dwelling structure that structurally abuts and connects to an existing or proposed primary dwelling unit or accessory structure.
b. Detached. A detached ADU is a newly constructed dwelling unit that is detached from an existing or proposed primary dwelling unit or accessory structure.
c. Converted. A converted ADU is a dwelling unit created from existing space within the existing or proposed primary dwelling unit or accessory structure.
4. Maximum size of accessory dwelling units. The maximum square footage for an ADU shall be as follows:
a. For attached ADUs larger than 800 square feet (Single-Family): 50 percent of the living area of the main residence up to a maximum of 1,200 square feet.
b. For detached ADUs larger than 800 square feet (Single-Family): 75 percent of the living area of the main dwelling unit up to a maximum 1,200 square feet.
c. For ADUs larger than 800 square feet (Multi-Family): Up to 850 square feet for a one-bedroom unit and up to 1,000 square feet for a two-bedroom unit, subject to maximum lot coverage standards applicable to the underlying zoning district.
5. Building height shall be limited as follows:
a. New attached ADUs shall have the same height limit provided by the underlying zoning district applicable to the main unit.
b. New detached ADUs on a lot with an existing or proposed single-family dwelling shall be a maximum of 25 feet.
c. New detached ADUs on a lot with an existing or proposed multi-family dwelling, shall be a maximum of 18 feet, or up to 25 feet when above a garage.
6. Accessory dwelling unit setbacks shall be as follows:
a. Converted ADUs. No setback shall be required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced (i.e. an existing garage that is converted to an ADU).
b. Attached ADUs. A minimum 4-foot rear and 4-foot side setback shall be required for an ADU attached to a main dwelling unit or constructed above a garage.
c. Detached ADUs. Detached, new-construction ADUs shall provide a minimum side and rear yard setback of 4 feet.
d. Alley access ADUs. When an ADU is adjacent to an alley and constitutes a second story on a garage which has less than a 4-foot setback, the minimum rear yard setback for the ADU shall be the same as the existing setback for the garage.
7. Conversion of an Existing Residence. An existing residence, in conformance with the above regulations, may be converted to an ADU in conjunction with the development of a new main dwelling unit. Occupancy of the ADU shall not be allowed prior to the issuance of a certificate of occupancy for the main dwelling unit.
8. Existing Accessory Dwelling Unit. An existing ADU or JADU may be enlarged or modified only in accordance with the requirements of this section.
9. Residential Density. To the extent required by California Government Code Section 66319, an ADU or JADU built in conformance with this section shall not count toward the allowed density for the lot upon which the unit is located.
10. Trash storage. The ADU or JADU shall be provided with an outdoor area for the storage of trash and recycling receptacles. That area shall have an all-weather surface and be screened from view by a fence, wall or permanent landscaping.
11. Security lighting. Accessory dwelling units located adjacent to an alley shall have a minimum of one outdoor security light for illumination of the alleyway adjacent to the unit. Such lighting shall be shielded and directed downward and away from adjacent properties to ensure that it has a minimal impact on neighboring properties.
12. Walls or fences between units. When an ADU is located behind a main dwelling unit, a continuous fence or wall shall not be installed between the main and ADU unless it includes a gate allowing pedestrian access from the accessory dwelling unit to the street.
13. Vehicle access. If provided, vehicle access to an ADU may be from a street or an alley.
a. Alley access. When an ADU will be located on a site served by an alley, the ADU shall maintain its primary vehicular access from the alley. Accessory dwelling units located on the street-access terminus of alleys shall be sited to ensure adequate site distance clearance.
b. Vehicle access from street frontage. Driveway surfaces installed to provide vehicle access from a street to an ADU located on the rear of a parcel shall be constructed with permeable-surface, all-weather materials or shall otherwise be constructed to retain runoff on site. New driveways that extend beyond the rear of the main dwelling unit shall consist of two tire strips or be otherwise designed to be of permeable-surface, all-weather material.
14. Pedestrian access to accessory unit.Accessory units created within an existing single-family residence shall include an independent exterior access that is separate from the exterior entrance of the existing residence and complies with the minimum side and rear setbacks for fire safety.
15. Fire protection access. Accessory dwelling units not located adjacent to an alley shall be located so that all sides of the structure are within 150 feet of unobstructed access from the street frontage in order to provide adequate fire protection. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the main residence.
16. Parking. In addition to the parking required for the main dwelling unit, one parking space shall be required for each ADU.
a. Parking spaces for the ADU and the main residence may be provided in a tandem parking arrangement on an existing driveway.
b. Off street parking shall be permitted in setback areas as set forth in CMC 19.70.060, or through tandem parking, unless specific findings are made that parking in the setback areas or tandem parking is not feasible based upon specific site or fire and life safety conditions.
c. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, or is converted into an ADU, the off-street replacement of those off-street parking spaces shall not be required.
17. Parking exceptions. Parking shall not be required for the ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit;
b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of the existing main residence or an existing accessory structure;
d. When on-street parking permits are required but not offered to the occupant of the ADU;
e. When there is a car share vehicle located within one block of the ADU.
18. The ADU can be accommodated with the existing water service and existing sewer lateral or septic system, provided sufficient evidence that the existing water service and existing sewer lateral or septic system has adequate capacity to serve both the main dwelling unit and ADU. No additional water meter shall be required, unless requested by the applicant.
(Ord. 2263; Ord. 2280; Ord. 2325, Ord. 2358 §20; Ord. 2364 §400; Ord. 2397 §15, Ord. 2439 §189, Ord. 2494 §55, Ord. 2511 §§ 2, 3, Ord. 2530, §4, Ord. 2549, §9, Ord. 2554, §1, Ord. 2580, §15, Ord. 2600
, Ord. 2610)
19.76.140 Single room occupancy (SRO) facilities.
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), single room occupancy facilities (SROs) shall be located, developed, and operated in compliance with the following standards.
A. Location Standards. SROs shall be located within 1/4 mile of a bus stop or transit station.
B. Eligible Parcels. The parcel upon which the SRO is to be established shall conform to all standards of the applicable zoning district.
C. Residential Density. SROs shall not exceed a maximum density of 70 units for each gross acre of land.
D. Overall Project Design and Site Planning.
1. Architecture. The design of an SRO project shall be subject to the requirements of Chapter 19.18 of these Regulations.
2. Outdoor Common Areas. Exterior common areas and/or open courtyards should be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with chairs, planters, tables, or small garden spaces to make these areas useful and functional for the tenants. Exterior common areas, including parking areas, shall be illuminated. The exterior lighting shall be stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).
3. Parking and Loading. Off-street parking shall be provided in compliance with Chapter 19.70 (Parking and Loading Standards).
(Ord. 2185, Ord. 2440 §55, Ord. 2610)55)
19.76.150 Small-lot subdivisions.
A. Purpose. The purpose of the small-lot subdivision regulations is to allow "small-lot single-family housing development in new and existing neighborhoods to provide compact development and efficient infill."
B. Standards. Small-lot, detached single-family subdivisions may be allowed in the R1 and R2 zoning districts when they are compatible with surrounding development and comply with the following standards:
1. Reduced Lot Area. The minimum lot area per dwelling unit shall be 3,500 square feet for an interior lot and 4,000 square feet for a corner lot. Lot sizes may range from 3,500 square feet to a maximum of 4,499 square feet, with an average lot size of 4,000 square feet to encourage a variety of lot sizes and configurations. Lots larger than 4,499 square feet may be allowed but the total number of lots larger than 4,499 square feet shall not exceed thirty percent of the total number of lots to be created by a small lot subdivision.
2. Reduced Setbacks. Table 5-12 shall be used to determine structure setbacks instead of the normal setbacks required for the applicable zoning district.
3. Reduced Lot Width. The minimum lot width shall be 38 feet for an interior lot and 46 feet for a corner lot.
(Ord. 2440 §56)
Type of Structure
| Setbacks Required | ||
Front | Rear | Side | |
Type of Structure
| Setbacks Required | ||
Front | Rear | Side | |
Main house, with either front porch, alley, or garage in rear (1) | 12 ft. | 10 ft. | 3 ft. |
Main house, without front porch, alley, or garage in rear (1) | 15 ft. | 15 ft. | 3 ft. |
Front porches (2) | 10 ft. | N/A | 3 ft. |
Attached garages (3) | 20/15 ft. | 15 ft. | 3 ft. |
Detached garages in rear (1) | N/A | 0 ft. | 0 ft. |
Detached accessory structures | 20 ft. | 0 ft. | 0 ft. |
Notes:
(1) "Garages in rear" shall mean garages behind the primary residential unit.
(2) Front porches shall have minimum dimensions of 4 feet by 8 feet.
(3) Garages with access perpendicular to the street shall be set back a minimum of 20 feet from the front property line. Garages with access parallel to the street (side entry) may be set back 15 feet from the front property line.
4. Site Coverage. Maximum site coverage shall be 50 percent of the lot area. Usable outdoor open space shall be a minimum of 25 percent of the open space area.
5. Parking. Parking spaces shall be provided and parking areas shall be designed as follows.
a. Four parking spaces shall be provided for each residential unit, two of which shall be in a garage located on-site. The remaining two spaces may be located on a public or private street, or in a parking area adjacent to the street.
b. For residential units with detached garages located behind the primary residential unit, the minimum parking normally required shall be reduced to one enclosed (garage) space and two spaces, covered or uncovered. Tandem parking spaces are permitted. All required parking spaces shall be set back a minimum of 20 feet from the front property line and/or sidewalk, whichever is closer.
c. Shared driveway access between two adjacent parcels is allowed when the garages are located within the rear of the parcel behind the primary residential unit or recessed so the home's entry elevation retains a dominant visual appearance.
6. Street Widths. Pavement widths for local streets may be reduced from the standards set forth in Title 18R (Design Criteria and Improvement Standards).
7. Design. The design of small-lot subdivisions shall provide for aesthetic quality and appropriate proportions between parcel sizes and street widths.
On-street parking | Minimum width curb-to-curb (feet) | Maximum width curb-to-curb |
No parking | 20 | 22 |
Parking one side | 26 | 28 |
Parking two sides | 32 | 34 |
8. Street Parkway Widths. Street parkway widths may be reduced up to 25 percent by the City for projects that provide innovative design features such as alleys, garages at the rear, front porches above minimum size, and protected tree well pop-outs located in parking aisle. A reduction in the parkway width must not be harmful to the health of the street trees or detrimental for the maintenance of the street.
(Ord. 2185; Ord. 2223; Ord. 2288; Ord. 2397 §16)
19.76.170 Temporary dwellings.
A temporary dwelling unit permit may be issued by the Director pursuant to Chapter 19.22.040 to allow a temporary dwelling facility, including a detached mobile or manufactured home which is nonmotorized and not permanently attached to a foundation, to be placed on a legal parcel in all residential zoning districts for the purpose of caring for an ill, convalescent, or otherwise disabled relative or friend, subject to the following:
A. A temporary dwelling facility shall only be allowed on a parcel with an existing main dwelling.
B. Occupancy of the temporary unit shall be limited to a close relative or friend of the occupants of the main dwelling. No more than two people may occupy the temporary unit.
C. No rent shall be charged to the occupants of the temporary unit.
D. The temporary unit shall be no larger than one bedroom and 640 square feet.
E. The temporary unit shall provide complete independent living facilities, including provisions for cooking, eating, living, sleeping, and sanitation, unless otherwise approved by the Director.
F. The initial term of the permit shall be for one year. After the first year, the Director may authorize one year extensions upon verification that the approved occupants continue to reside on the premises in a manner which necessitates extended use of the temporary unit, and upon determining that use of the temporary unit continues to meet the purpose and criteria of this section.
G. The temporary unit shall be connected to the sanitary sewer system.
H. The temporary unit, authorized in compliance with this section, shall not be considered a separate residential unit for the purpose of calculating development impact fees, including park fees and sewer system connection fees, and determining off-street parking requirements.
I. The temporary unit shall be subject to setback requirements for an accessory structure, except that the Director may require additional site requirements when necessary to mitigate any identified adverse impacts upon neighboring residents.
J. The temporary dwelling unit permit shall expire immediately if the persons requiring care for any reason cease to reside in the temporary dwelling. Following expiration, the temporary dwelling facility shall be removed within 120 days.
(Ord. 2185, Ord. 2494 §56)
19.76.180 Infill Residential Flag Lots
A. Purpose. The purpose of these regulations is to implement General Plan goals of encouraging infill development, while also preserving the privacy of existing residences and the character of the neighborhoods where such lots are created. It is the intent of these regulations to (1) limit the number of flag lots which can be created where a series of similarly-sized large lots could be subdivided with flag lots, thereby significantly raising the density and changing the character of an existing neighborhood, and (2) provide standards for the development of such lots in addition to those which would otherwise apply. Properties suitable for flag lot subdivisions should be larger than average for the neighborhood, and/or of a unique configuration. Retention of existing older housing stock is strongly encouraged in flag lot subdivisions. These regulations are intended to provide greater certainty for both developers and neighbors, and are intended to supplement, not supersede, the flag lot regulations contained in Title 18R.
B. Applicability. For purposes of this section, infill residential flag lots are defined as flag lots created after the adoption of this section which are located in the RS, R1 or R2 zoning districts and which abut existing single-family development. Existing single- family development is defined as one or more residentially zoned lots already developed with single-family dwellings at the time that the parcel map or tentative subdivision map approving the creation of the flag lot is approved and which are not a part of the subdivision which creates the flag lot.
C. Standards. Infill residential flag lots are allowed in the RS, R1 and R2 zoning districts through a parcel map or tentative subdivision map when they comply with the standards in this section, in addition to any other applicable City standards:
1. Limitation on Number of Infill Residential Flag Lots. To avoid an over- concentration of infill residential flag lots in any one neighborhood, infill residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than 10 percent of the number of lots in the immediate neighborhood. Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within 300 feet of the proposed subdivision.
2. Size of Infill Residential Flag Lots. Infill residential flag lots shall be no smaller than the smallest conforming lot in the same zoning district lying wholly or partially within 300 feet of a proposed subdivision, or the minimum flag lot size as required in Chapter 18R.08, whichever is larger. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.
3. Single Story Limitation. New residential units and accessory structures on an infill residential flag lot shall be limited to a single story, no more than 25 feet in height, unless there is existing two-story construction on one or more residentially-zoned lots adjacent to the infill residential flag lot.
4. Site Design and Architectural Review. Residential units and detached accessory structures greater than 120 square feet in size on infill residential flag lots shall be subject to administrative site design and architectural review (Chapter 19.18). Such review shall take into account all applicable standards and design guidelines.
5. Orientation. Each residential unit built on an infill residential flag lot shall be oriented toward either the street or the accessway.
6. Setbacks From Neighboring Properties. Where an infill residential flag lot abuts existing single-family development, the building setbacks established below shall supersede the standard setbacks for the R1 and R2 zoning districts. Setbacks in the RS zoning district shall be the greater of the standard RS district setbacks, or the setbacks established in Table 5-14 below:
Type of Structure | Setback Required |
Residential unit, first story | 15 feet |
Residential unit, second story | 20 feet |
Detached garage, gazebo, greenhouse, patio cover | 10 feet |
Other Accessory Structures | See 19.76.020 |
7. Accessway. A minimum of three feet of landscaping shall be provided between the paved portion of the accessway and any adjacent existing single- family residential development. Drainage from the paved portion of the accessway shall be accommodated onsite. Minimum accessway widths shall be as specified in Title 18R.
D. Planned Development Permit Required if Standards Not Met. The creation and development of infill residential flag lots which do not meet all standards listed above may be allowed with approval of a planned development permit (Chapter 19.28).
(Ord. 2363 §3, Ord. 2494 §57, Ord. 2511, Ord. 2549, §10, Ord. 2580, §16, Ord. 2600
, Ord. 2610)
19.76.190 Community gardens.
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), community gardens shall comply with the following standards:
A. Operation and Maintenance.
1. Hours of operation shall be limited to between two hours before sunrise and two hours after sunset.
2. All plots shall be maintained to manage and remove all rotting produce, pest infestations, and diseases. This provision shall not apply to on-site composting areas.
3. The garden shall be designed and maintained so that water and fertilizer will not drain onto adjacent property.
4. All improvements and activities associated with the community garden shall comply with all federal, state, and local laws and regulations, including, but not limited to, the federal Americans with Disabilities Act (ADA) and the water conservation measures of state Assembly Bill 1881.
5. Planting illegal or invasive plants, including marijuana, is prohibited.
6. Animal keeping may be allowed when monitored at all times in compliance with Section 19.76.040.
B. Responsible Party. The property owner, or an agent appointed by the property owner, shall be responsible for preventing, correcting and eliminating all nuisances associated with the use including any nuisances due to lighting, odors, noise, or animal keeping.
C. Permitted Buildings and Structures.
1. The combined area of all buildings shall not exceed 15 percent of the garden.
2. Only the following buildings or structures shall be permitted on the site:
a. Up to two storage sheds of no more than 120 square feet each;
b. Up to two greenhouses of no more than 120 square feet each for plant cultivation; and
c. Benches, bike racks, picnic tables, fences, and garden art;
d. Raised/accessible planting beds, rain barrel systems, compost or waste bins, and seasonal farm stands.
e. Other types of structures may be allowed if approved by the Director.
D. Parking. A minimum of two vehicle parking spaces shall be provided on the lot when there is no on-street parking allowed adjacent to the site. All gardens shall provide parking for at least two bicycles.
E. Composting. Composting biomass waste within a contained area on site is allowed subject to all of the following:
1. Composted materials shall be only those materials generated onsite or contributed by active members of the community garden.
2. Composting areas shall be located at least five feet from property lines.
3. Odors and fly-breeding shall not create a nuisance nor be greater than customarily found at a well-maintained residence.
F. Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite and screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site regularly to keep the receptacle area and the lot free from litter.
G. Fencing. Fences for community gardens shall be at least fifty percent view- permeable, shall not obstruct the sight distance area, nor exceed six feet in height. Compliant fences may exceed the standard height limits for the front yard area, as established in Section 19.60.060.
H. Accessory Sales of Produce and Plants. Produce or plants raised on the site may be sold on-site as an accessory use to the primary community garden use and in compliance with Chapter 19.20 (Home Occupation Permits).
(Ord. 2440 §57)
19.76.200 Businesses which sell alcohol.
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), all businesses established or expanded after the adoption of this regulation which sell alcohol as a significant component of the use, including Alcoholic Beverage Establishments, Liquor Stores - Limited Hours, Liquor Stores, Manufacturer Taprooms, Restaurants with Full Bar - Limited Hours, and Restaurants with Full Bar, shall be operated in compliance with the following standards:
A. All servers shall complete responsible beverage service (RBS) training no later than 60 days after the date of hire.
B. The business shall provide sufficient staff to control any queue which forms outside the businesses. The queue shall be managed to allow free passage on sidewalks adjacent to the business at all times.
C. The business shall take action to prevent nuisance activities associated with the sale of alcohol, including: disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
D. The exterior of the business, including the adjacent right-of-way, shall be kept clean. Any litter, detritus, or other mess outside the business shall be cleaned promptly by the business, in no case later than 9 a.m. the following morning.
E. Any music being played outside the business shall comply with the City's noise ordinance.
F. The business shall comply with all applicable federal, state, and local laws.
G. The sale and service of alcohol shall be subject to special restrictions on certain days and at certain times of the year as determined and set forth by council resolution.
H. Alcoholic beverages to be consumed on-site shall be served in standard sizes that are consistent with the industry.
(Ord. 2461 §6, Ord. 2504 §6, Ord. 2600)
19.76.220 Ministerial Two-Unit Housing Development and Urban Lot Split
It is the purpose of this Section to implement Section 65852.21 of the Government Code pertaining to Two-Unit Housing Developments and to implement Section 66411.7 of the Government Code pertaining to Urban Lot Splits.
A. Two-Unit Housing Development. A proposed housing development containing no more than two residential units on a parcel located within a single-family residential zoning district shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all the eligibility requirements and standards established in this section.
1. Applicability. This section may be applied to parcels zoned R1 (Low Density Residential) or RS (Suburban Residential).
2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for a Two-Unit Housing Development:
a. Lot Location. The lot to be developed shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:
i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. Historic Properties. A Two-Unit Housing Development shall not be permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.
c. Rental Properties. A Two-Unit Housing Development shall not be permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Two-Unit Housing Development is submitted to the city.
d. Demolition or Alteration of Protected Units. A Two-Unit Housing Development shall not result in the demolition or structural modification of any portion of an existing residential unit that:
i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;
ii. Is protected under the Fair Rent Act; or
iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for a Two-Unit Housing Development.
e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection (A)(2)(D)(i),(ii), and (iii) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).
3. Maximum Number of Units Allowed. No more than two (2) dwelling units shall be permitted on any lot utilizing the Two-Unit Development provision.
4. Separation of units. Primary dwelling units may be attached or detached. Units shall be constructed and/or modified to allow for separate conveyance of each unit consistent with applicable building and fire code requirements.
5. Sale of units. Each dwelling unit of a Two-Unit Housing Development may be rented independently but shall not be sold or conveyed separately from the other unit.
6. Development Standards. A proposed Two-Unit Housing Development shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. Emergency fire access shall meet all requirements of the Building Code and Fire Code.
7. Exceptions to Development Standards.
a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.
b. Notwithstanding subsection (A)6. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
c. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for a Two-Unit Housing Development.
8. Parking Requirement. One covered space shall be provided per unit. No parking shall be required for either unit of a two-unit housing development if any of the following conditions are met:
a. The lot is located within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code;
b. The lot is located within one-half (1/2) mile walking distance of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
c. There is a car-share vehicle parking space located within one (1) block of the lot.
9. Property Owner Attestation. Upon submittal of an application for a Two-Unit Housing Development, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:
a. A requirement for owner occupancy as defined in Section 19.04.020 when the proposal involves a Junior Accessory Dwelling Unit (JADU);
b. A limitation restricting the property to residential uses only;
c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days.
d. No alteration or demolition of protected units, as described in subsection (A)(2)(D)(i),(ii), and (iii), shall occur.
B. Urban Lot Split. This Section establishes eligibility requirements and standards for urban lot splits.
1. Applicability. This section may be applied to lots zoned RI (Low Density Residential) or RS (Suburban Residential).
2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for an Urban Lot Split under this Section:
a. Lot Location. The lot to be subdivided shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:
i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation m an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. Historic Properties. Urban Lot Splits are not permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.
c. Rental Properties. Urban Lot Splits are not permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Urban Lot Split is submitted to the city.
d. Demolition or Alteration of Protected Units. Urban Lot Splits shall not result in the demolition or structural modification of any portion of an existing residential unit that:
i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;
ii. Is protected under the Fair Rent Act; or
iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for an Urban Lot Split.
e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection B.2.d.i, B.2.d.ii. and B.2.d.iii. above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).
f. No Prior Urban Lot Split. The lot to be subdivided shall not be a lot that was established through a prior urban lot split.
3. Subdivision of Adjacent Parcels. The lot to be subdivided shall not abut any lot that was previously subdivided through an Urban Lot Split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, a person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
4. Maximum Number of Units Allowed. No more than two dwelling units shall be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units, junior accessory units, density bonus units, and units created as a two-unit development.
5. Subdivision Map Act Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code Section 66410, et. seq.) ("SMA"), including implementing requirements in this code.
6. Development Standards. Development proposed on any lot created through an Urban Lot Split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. In addition, any lot created by an Urban Lot Split shall comply with the following standards:
a. Minimum lot size. The lot to be split shall contain a minimum of 2,400 square feet. The resulting lots shall each contain a minimum of 1,200 square feet. Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.
b. Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way. Emergency fire access shall meet all requirements of the Building Code and Fire Code.
7. Exceptions to Development Standards.
a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.
b. Notwithstanding subsection B.4. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
c. Retained structure setbacks on lots created by Urban Lot Splits. If one (1) or more dwellings are retained on a site that is subdivided by an urban lot split, no setback shall be required for the retained dwelling(s) if compliance with the required setbacks would prevent the Urban Lot Split, subject to compliance with all applicable building and fire codes.
d. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for an Urban Lot Split.
8. Property Owner Attestation. Upon submittal of an application for an Urban Lot Split, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:
a. A requirement for owner occupancy as defined in Section 19.04.020;
b. A limitation restricting the property to residential uses only;
c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days;
d. The lot to be subdivided was not created through a prior Urban Lot Split;
e. The lot cannot be further subdivided using the Urban Lot Split procedures as provided for in this section;
f. That neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.
g. No alteration or demolition of protected units, as described in subsection B.2.d.i, B.2.d.ii, and B.2.d.iii., shall occur.
(Ord. 2580 §18, Ord. 2600)
19.78.010 Purpose.
The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of wireless telecommunications facilities. The regulations contained herein are intended to protect and promote public health, safety, community welfare and the aesthetic quality of the city while at the same time providing reasonable opportunities for providers of wireless telecommunications services to provide such services in a safe, effective and efficient manner.
California cities are preempted from regulating various aspects of wireless communications facility siting by both state and federal law. In particular, cities cannot prohibit or effectively prohibit wireless facilities, unreasonably discriminate against wireless service providers or regulate such facilities on the basis of radio frequency emissions to the extent those emissions comply with federal standards. These regulations are further intended to:
A. Require the location of new monopoles, towers and antennas in non-residential zoning districts unless technically necessary for provision of the service.
B. Require telecommunications facilities to be designed in a way to minimize adverse visual impacts.
C. Encourage co-location of facilities.
D. Protect the public's interest in the safe operation of public safety, emergency and medical services.
E. Protect the public from exposure to electromagnetic frequency or radio frequency radiation in excess of federal standards.
(Ord. 2205, Ord. 2519 §32)
19.78.020 Definitions.
A. Antenna - Any system of wires, poles, rods, panels, reflecting discs or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.
B. Building-Mounted Antenna - Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to the side of a building, tank, tower or structure other than a telecommunications tower.
C. Co-location - The practice of two or more wireless telecommunications facilities service providers sharing one support structure or building for the location of their facilities.
D. EMF/RF - Electromagnetic radio frequency/radio frequency.
E. FAA - Federal Aviation Administration.
F. FCC - Federal Communications Commission.
G. Ground-Mounted Antenna - An antenna with its support structure placed directly on the ground.
H. Lattice Tower - A three or more legged open structure designed and erected to support wireless telecommunications antennas and connecting appurtenances.
I. Monopole - A single pole structure designed and erected to support wireless telecommunications antennas and connecting appurtenances.
J. Roof-Mounted Antenna - An antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.
K. Satellite Dish Antenna - Any device incorporating a reflective surface that is solid, open mesh or bar configured, that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.
L. Stealthing - Improvements or treatments added to a wireless telecommunications facility which mask or blend the proposed facility into the existing structure or visible backdrop in such a manner as to minimize its visual impacts. Stealthing may utilize, but does not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the design and construction of a tower so that it is disguised as a tree or sculpture, or the incorporation of colors and design features of nearby structures.
M. Substantially Change - means a modification to an existing facility that meets any of the following criteria:
1. An increase in the height of the existing tower by more than ten percent (10%), or by the height of twenty (20) feet, whichever is greater; or
2. An appurtenance that protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; or
3. The installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four (4) cabinets;
4. Any excavation or construction outside the structural footprint of the wireless telecommunications tower or base station;
5. Defeats one or more of the existing concealment elements of the wireless telecommunications tower or base station; or
6. Does not comply with conditions associated with the prior approval of construction or modification of the wireless telecommunications tower or base station, unless the non-compliance is due to a change that would otherwise not be defined as "substantial modification" as identified herein.
N. Telecommunications Tower or Tower - A monopole or lattice tower.
O. Wireless Telecommunications Facility or Facility - Any structure, antenna, pole, equipment and related improvements the primary purpose of which is to support the transmission and/or reception of electromagnetic signals, including, but not limited to, telecommunications towers.
(Ord. 2205, Ord. 2519 §33)
19.78.030 Application.
This chapter shall apply to all wireless telecommunications facilities for the transmission and/or reception of wireless radio, television, and other telecommunications signals including, but not limited to, commercial wireless communications systems such as cellular and paging systems, except those facilities defined in this chapter as exempt facilities.
(Ord. 2205)
19.78.040 Exempt facilities.
The following wireless telecommunications facilities are exempt from the requirements of this chapter, provided that they are constructed on sites previously developed and that they meet the requirements set forth below.
A. Facilities accessory to a residential use of a site which meet the requirements set forth below.
1. One ground, roof, or building-mounted receive-only radio or television satellite dish antenna which does not exceed 36 inches in diameter per dwelling unit. Such satellite dishes shall not extend above the roof peak or parapet of the primary structure on the parcel.
2. A single ground, roof, or building-mounted receive-only radio or television antenna including any mast. Such antennas shall not exceed a maximum height of 40 feet measured from the ground and shall not be located in front or side yard setbacks.
3. A ground, roof, or building-mounted citizens band radio antenna, including any mast, which does not exceed a maximum height of 40 feet measured from the ground. Such antennas shall not be located in front or side yard setbacks.
4. A ground, roof, or building-mounted antenna which does not exceed a maximum height of 40 feet and which is operated by a federally-licensed amateur radio operator. Such antennas shall not be located in front or side yard setbacks.
B. Government-owned communications facilities used primarily to protect public health, safety and welfare.
C. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services.
D. Any facility specifically exempted under federal or state law.
E. Temporary facilities erected and operated for use in emergency situations which are approved in writing in advance of installation by the director. Use of such facilities shall not exceed two weeks unless an extension is granted by the director.
F. Antennas for two-way radio communications systems operated only as an internal business communications system by owners/operators and not made available to third parties. Such facilities shall not be located within any required setbacks and shall not exceed a maximum height of 40 feet measured from the ground.
G. Repair or replacement of a lawfully-established existing facility so long as the repair or replacement does not substantially change the height or appearance.
H. Receive-only radio or television antennas incidental to non-residential use, if the antenna meets the development standards set forth in Section 19.78.110, does not require issuance of a building permit for its installation, and is solely for the use of the occupants of the site on which it is located.
The exemptions set forth in this section shall apply only to facilities demonstrating radio-frequency emission compliance with FCC regulations pursuant to FCC Office of Engineering Technology (OET) Bulletin No. 65 entitled “Evaluating Compliance With FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields” (August 1977 or later revisions or successors thereto) and shall not apply to any facility not categorically exempt from FCC regulation pursuant to FCC OET 65, or to any facilities operated, leased to, or used by common carriers or wireless telecommunications service providers or to television and/or radio broadcast facilities.
(Ord. 2205, Ord. 2364 §401; Ord. 2381 §10, Ord. 2519 §34)
19.78.050 Location Preferences - New telecommunications towers.
To the maximum extent feasible, new telecommunications towers shall be located according to the following preferences, with the most preferred sites listed first:
A. Sites zoned ML, MG and AM;
B. Sites zoned OC, CC, CR and CS.
(Ord. 2205, Ord. 2427 §54)
19.78.060 Permit Requirements.
A. No wireless telecommunications facility shall be constructed or modified without first obtaining a use permit or a wireless telecommunications facilities permit, as specified below.
Zoning District | New Tower | Co-location on existing tower | Building or roof mounted antenna |
Zoning District | New Tower | Co-location on existing tower | Building or roof mounted antenna |
RS | NP | NP | NP |
R1 | NP | NP | NP |
R2 | NP | NP | NP |
R3 | NP | WTFP | WTFP |
R4 | NP | WTFP | WTFP |
RMU | NP | WTFP | WTFP |
OR | NP | WTFP | WTFP |
OC | UP (1) | WTFP | WTFP |
CN | NP | WTFP | WTFP |
CC | UP (1) | WTFP | WTFP |
DN/DS | NP | WTFP | WTFP |
CS | UP (1) | WTFP | WTFP |
CR | UP(1) | WTFP | WTFP |
ML | WTFP (1) (2) | WTFP | WTFP |
MG | WTFP (1) (2) | WTFP | WTFP |
IOMU | WTFP (1) (2) | WTFP | WTFP |
A | NP | WTFP | WTFP - Building-mounted UP - Roof mounted |
AC | UP (1) | WTFP | WTFP - Building-mounted; roof- mounted with a maximum height of 65' UP - Roof-mounted over 65' in height |
AM | WTFP - for maximum height of 65' (1) (2) UP for facilities exceeding 65' (1) | WTFP | WTFP - Building-mounted; roof- mounted with a maximum height of 65' UP - Roof-mounted over 65' in height |
AP | UP (1) | WTFP | WTFP - Building-mounted; roof- mounted with a maximum height of 65' UP - Roof-mounted over 65' in height |
SPA | NP | WTFP | WTFP |
PQ | WTFP (1) (2) | WTFP | WTFP |
OS1 | NP | NP | NP |
OS2 | NP | NP | NP |
TND | UP (3) | WTFP | WTFP |
NP=Not permitted UP= permitted with a use permit WTFP=permitted with a wireless telecommunications facilities permit (1) Subject to the limitation that new towers are not permitted within 500 feet of any elementary or secondary school or within 500 feet of any residential zone. (2) New towers within 1000 feet of an existing tower require a use permit. (3) New towers are permitted in the TND Zoning District with a use permit only on properties with the CORE TND designation, subject to the limitation that they are not permitted within 500 feet of any elementary school or residential zoning district.
| |||
B. In all zones in which a new telecommunications tower is listed as NP (not permitted), such a facility may nevertheless be permitted by use permit if the planning commission makes the findings required by section 19.78.100.
C. Facilities which would otherwise be exempt from the requirements of this chapter but which do not meet the size, height, setback or other requirements of section 19.78.040, above, may be permitted by a use permit.
D. Facilities which would otherwise be permitted with a wireless telecommunications facilities permit, but which do not meet the development standards required for such permits, may be permitted with a use permit.
(Ord. 2205, Ord. 2358 §21, Ord. 2427 §55)
19.78.070 Application requirements.
The following items shall be required for each permit for a wireless telecommunications facility.
A. Use Permits.
1. All application materials generally required for a use permit.
2. All materials listed below as required for a wireless telecommunications facilities permit application.
3. An alternative height analysis for any facility exceeding the height standards set forth in Section 19.78.120. This analysis shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height in the standards set forth in Section 19.78.120. It shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technically necessary for the provision of services.
4. An alternative site analysis. This analysis shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co- location. The analysis shall also explain the rationale for the selection of the proposed site in view of the relative merits of any feasible alternatives. The purpose of this analysis is to present alternative strategies for the minimization of the number and impacts of facilities necessary to provide the service.
B. Wireless Telecommunications Facilities Permits.
1. A site plan which includes the location of all structures and equipment to be located on the site.
2. Elevations of all proposed wireless telecommunications structures and appurtenances and composite elevations from the streets adjoining the site, showing the proposed project and all buildings on the site.
3. Photo simulations, elevations or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstrations shall include accurate scale and coloration of the proposed facility.
4. A landscape plan that shows existing vegetation, vegetation to be removed and proposed plantings by type, size and location.
5. A geographic service area map showing:
a. The applicant’s wireless telecommunications network within 10 miles in all directions of the proposed site, including all facilities which exist at the time and for which applications are pending;
b. The hand-off sites within the above area;
c. The area in which the facility could be located to provide the proposed new or expanded service; and
d. All other existing sites that could be used for the proposed antenna location.
6. A statement of how the proposed facility satisfies the locational preferences established by this chapter or, if the proposed location is not a preferred location, a description of the preferred location sites within the geographic service area and a statement of why each alternative site was rejected.
7. Noise and acoustical information for the base transceiver stations, equipment
buildings and associated equipment such as air conditioning and back-up generators.
8. A statement by the applicant of whether it is willing to allow other carriers to co- locate on their facilities whenever technically and economically feasible and aesthetically desirable.
9. A report, signed by a qualified radio frequency engineer and prepared pursuant to FCC OET 65, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the FCC. Such reports shall take into account all other facilities within 2,000 feet, both existing and known future facilities, the cumulative effects of co-located facilities, and existing nearby buildings and structures, and shall be written in plain English.
10. For new telecommunications towers, a biological resource survey demonstrating that the facility and construction of the facility will avoid all sensitive habitats and rare, threatened and endangered species. The director may waive this requirement based on a finding that existing information verifies the lack of such biological resources on the site.
C. When an application is submitted for a use permit and the proposed facility would be located in a zoning district in which such a facility is generally not permitted, or within 500 feet of any elementary or secondary school or within 500 feet of any residential zoning district, the city shall hire an independent consultant, at the applicant's sole expense, to review the application and to provide an analysis of whether the facility is necessary in that zoning district in order to provide the service.
D. When an application is filed and the report required pursuant to 19.78.070.B.9 states that the maximum EMF/RF radiation to be emitted by the proposed facility will exceed 80% of the maximum permissible EMF/RF emissions, as set by Federal regulation, the City shall hire an independent consultant, at the applicant’s sole expense, to review the application and to provide an analysis of the EMF/RF emissions.
(Ord. 2205; Ord. 2223, Ord. 2364 §402; Ord. 2381 §11, Ord. 2519 §35)
19.78.080 Review by airport manager.
All use permit and wireless telecommunications facilities permit applications shall be reviewed by the airport manager for a determination as to whether the proposed facility will encroach into navigable air space as defined by part 77 of Title 14 of the Code of Federal Regulations.
(Ord. 2205)
19.78.090 Noticing.
A. Use permits. All noticing for hearings on use permit applications for wireless telecommunications facilities shall be in accordance with Section 19.10.020, except that notice shall be provided to all owners and occupants of real property within 1000 feet of the site proposed for the facility.
B. Wireless telecommunications facilities permits. Before issuing a wireless telecommunications permit, the director shall provide written notice to all owners and occupants of real property within 1000 feet of the site proposed for the facility. Such notice shall be mailed no less than 10 days prior to the director’s action on the permit and shall state the date that the permit will be issued and describe the facility which will be permitted. Such notice shall also state that, while an aggrieved person may appeal the determination to issue the permit, the decision may be reversed or modified on appeal only if the planning commission determines that the director erroneously determined that the requirements for the issuance of the permit were met.
(Ord. 2205, Ord. 2364 §403)
19.78.100 Action on use permit applications.
All use permit applications for wireless telecommunications facilities shall be acted upon by the planning commission.
A. Use permits may be granted for wireless telecommunications facilities only if all of the following findings are made.
1. All findings otherwise required for a use permit pursuant to chapter 19.24.
2. The facility to be permitted will not generate EMF/RF radiation in excess of the FCC adopted standards for human exposure.
3. If the height of the facility exceeds the standards set forth in Section 19.78.120, that the facility has been designed to minimize its height and other visual effects.
4. The facility does not encroach into navigable airspace as defined by Part 77 of Title 14 of the Code of Federal Regulations.
5. For a wireless telecommunications facility which will be located in any zoning district in which such a facility is generally not permitted:
a. The applicant has demonstrated, based on technical necessity, that the facility must be located within one of those zoning districts in order to provide the service; and
b. The denial of a use permit to allow a facility in one of those zoning districts would constitute a prohibition of the affected wireless telecommunications services in violation of federal law; and
c. If the facility is proposed to be located in a residentially-zoned district, the applicant has demonstrated, based on technical requirements, that the service cannot be provided by locating the facility in a non-residential zone.
6. For a new telecommunications tower which is proposed to be located within 1,000 feet of an existing tower:
a. The cumulative visual impacts are not significant; and
b. Location within 1,000 feet of the existing tower is technically necessary to provide services not possible with co-location on an existing tower or structure in the service area.
B. A finding of technical necessity to locate in a particular zoning district shall only be made if the planning commission finds that, based on the operational capabilities of the type of equipment used to provide the service, it is not possible to provide substantially the same additional services by locating one or more facilities in alternative locations outside of that district.
C. Use permits issued for new telecommunications towers in residential or open space zones may be conditioned upon the use of stealthing techniques to disguise the facility and make it less visually intrusive.
D. Use permits for wireless telecommunications facilities shall be approved or denied by resolution. A resolution granting a use permit shall contain all of the findings required by this section and all conditions applicable to the use permit. A resolution denying a use permit application for a wireless telecommunications facility shall state the reasons for denial, which reasons must be based on evidence before the commission at the time the decision to deny was reached.
(Ord. 2205, Ord. 2519 §36)
19.78.110 Actions on wireless telecommunications facilities permits.
A. Wireless telecommunications facilities permits shall be acted upon by the director. Wireless telecommunications facilities shall be issued when all of the following requirements are met.
1. The facility meets the development standards set forth in this chapter.
2. The facility will not generate EMF/RF radiation in excess of the FCC adopted standards for human exposure.
3. If the facility is a new telecommunications tower, it does not exceed 100 feet in height, or 65 feet in height if located in the AM zoning district.
4. The facility does not encroach into navigable airspace as defined by Part 77 of Title 14 of the Code of Federal Regulations.
5. If the facility is a new telecommunications tower, that the facility, and construction thereof, will avoid all sensitive habitats and rare, threatened and endangered species which may be on the site.
B. The director shall act on all applications for wireless telecommunications facilities permits within 90 days of the submission of a completed application.
` C. Wireless telecommunications facilities permits shall be approved or denied in writing. All denials shall state the reasons for the denial. Reasons for denial shall be limited to a finding by the director that one of the requirements for issuance, as set forth in A., above, has not been met.
(Ord. 2205, Ord. 2364 §404, Ord. 2519 §37)
19.78.120 Development standards.
A. New Telecommunications Towers.
1. No new telecommunications tower shall be located within 500 feet of any elementary or secondary school or within 500 feet of any residential zone.
2. Unless otherwise required by the Federal Aviation Administration (FAA), or unless stealthing has been required, telecommunications towers located in all non- airport zones shall be painted a single, neutral, non-glossy color designed to minimize visual impacts. New telecommunications towers located in any airport zone shall be painted and lit with a beacon in accordance with FAA standards.
3. All telecommunications towers in non-airport zones shall be unlit unless lighting is required pursuant to FAA regulations or the planning commission finds that lighting should be required to prevent the tower from becoming a hazard to aircraft. When lighting is required, it shall be shielded or directed in such a manner as to minimize the amount of light that falls onto nearby properties.
4. New telecommunications towers shall generally not be permitted within 1,000 feet of an existing telecommunications tower. New telecommunications towers otherwise permitted with a wireless telecommunications facilities permit, but which are proposed to be located within 1,000 feet of an existing telecommunications tower, shall require a use permit which may be granted upon a finding that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing telecommunications tower or structure in the service area.
5. Ground-mounted equipment shall be undergrounded or screened from view.
6. Parking and access shall be on an improved surface.
7. If the telecommunications tower is more than 100 feet in height, it must be designed at the minimum height functionally required. This determination shall be based on the alternative height analysis submitted as part of the application for the facility or on an independent analysis obtained by the City pursuant to section 19.78.070.
8. No facility or combination of facilities shall generate EMF/RF in excess of the FCC adopted standards for human exposure.
9. Each telecommunications tower shall be identified by a sign placed on or near the tower, or any accessory building, which sets forth the name, address and a 24-hour telephone number of the facility’s operator.
10. Telecommunications towers for which a wireless telecommunications facilities permit is issued shall be set back from all property lines by at least 25 feet. Setbacks for telecommunications towers subject to a use permit shall be determined by the planning commission as part of the use permit approval.
B. Additional facilities to be co-located on an existing telecommunications tower.
1. The original telecommunications tower was constructed and is operating in accordance with the requirements of the wireless telecommunications facilities or use permit originally issued for that facility.
2. The type and size of the new antennas are consistent with the requirements of the original wireless telecommunications facilities or use permit.
3. The new antenna array does not exceed the height of the existing telecommunications tower.
4. The width of the proposed array does not exceed the width of the existing array or arrays.
5. The combined level of EMF/RF radiation for all arrays does not exceed the maximum permissible exposure level set by the FCC.
C. Building-mounted antennas. Building mounted antennas shall be located and designed to appear an integral part of the structure. To this end, they must comply with the following standards.
The lowest part of the antenna shall be a minimum of 15 feet above grade.
2. The antenna and mountings shall not project more than 18 inches from the building surface to which it is mounted.
3. Antennas, connections and supports shall be treated to match the color scheme of the building or structure to which they are attached.
4. Antennas and connections shall not project higher than the side of the building upon which it is mounted.
5. Antennas placed on water towers shall not project above the height of the side of the water tower.
6. Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.
7. All equipment shelters, cabinets or other structures utilized or built in connection with the facility shall be located inside the building being utilized for the facility, on the ground outside the setback area or any required parking area, or on the roof if screened from view.
D. Roof-mounted antennas.
1. Roof-mounted antennas shall not exceed the maximum building height for the zoning district by more than 20 feet and shall be set back at least 20 feet from the front and side edges of the roof upon which it is mounted.
2. All equipment shelters, cabinets or other structures utilized or built in connection with the facility shall be located inside the building being utilized for the facility, or on the ground outside the setback area or any required parking area, or on the roof, if screened from view.
E. State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Further, the owner shall provide written notification to the Planning Division of compliance with such revised standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
(Ord. 2205, Ord. 2262; Ord. 2381 §12, Ord. 2519 §38)
19.78.140 Relocation of towers from residential zones.
A. Application for replacement facilities. The purpose of this section is to encourage the removal of towers from residential zones through the relocation of such facilities to zones in which they are permitted. In order to encourage such removal, the following shall apply to all applications for new facilities which will replace such towers.
1. The use permit or wireless telecommunications facilities permit application fee for the new facility shall be waived.
2. The application shall state the location of the tower in a residential zone will be replaced by the new facility.
3. The following application materials shall not be required:
A. An alternative site analysis;
B. A statement of how the proposed relocation satisfies the locational preferences of this chapter;
C. The geographic service area map otherwise required by 19.78.070.B.5;
D. Noise and acoustical information otherwise required by 19.78.070.B.7, above, if the same type of equipment that is being used at the tower to be removed will be used at the site of the new facility;
E. The radio frequency engineer’s report otherwise required by 19.78.070.B.9, if such a report has already been submitted to the City in relation to the tower which is being removed from the residential zone and the same or equivalent equipment will be installed at the new site.
B. Removal of tower from residential zone. All use permits and telecommunications facilities permits granted as a result of an application submitted pursuant to this section shall be conditioned upon the removal of the tower which is being replaced within three months of the completion of the construction of the new facility.
(Ord. 2205)
19.78.150 Abandonment.
The permittee under any wireless telecommunications facilities permit or use permit for a wireless telecommunications facility shall notify the city in writing within 30 days of the cease of operation of the permitted facility. Any wireless telecommunications facility which is not operated for a continuous period of six months shall be removed within six months of the date upon which operation ceased. Any wireless telecommunications facility for which the permit has expired shall be considered abandoned and shall be removed by the facility owner within three months from the date the permit expired.
(Ord. 2205)
19.78.160 Severability.
If any part of this chapter is, for any reason, held by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 2205)
19.78.170 Appeals.
A. Appeals from decisions regarding wireless telecommunications facilities permits issued by the director may be appealed to the planning commission with a further appeal to the city council. The issues which may be reviewed on the appeal of a wireless telecommunications facilities permit shall be limited to whether the director erroneously determined whether the requirements for the issuance of such a permit, as set forth in section 19.78.110, have been met.
B. Appeals from decisions of the planning commission regarding use permits for wireless telecommunications facilities or wireless telecommunications facilities permits shall be to the city council in accordance with the procedures set forth in chapter 2.80 of this Code.
(Ord. 2205, Ord. 2364 §406)